Under federal law, there is the Worker Adjustment and Retraining Notification Act (WARN) which sets forth certain requirements for businesses who are closing locations and/or proceeding with large-scale reductions in force. As is typical for the state, California has separate WARN regulations often referred to as Cal-WARN.
Here are some of the important differences between the federal and California WARN Acts:
| Federal WARN | Cal-WARN | |
| Covered Employers | Applicable only to employers with 100 or more full-time employees* who must have been employed for at least 6 months of the 12 months preceding the date of required notice in order to be counted. * Or 100 or more employees (including part-time employees) who in the aggregate work at least 4,000 hours per week (exclusive of overtime) | Applicable to a “covered establishment” that employs or has employed 75 or more full and part-time employees in the preceding 12 months. As under the federal WARN, employees must have been employed for at least 6 months of the 12 months preceding the date of required notice in order to be counted. |
| Plant Closing (Termination), Layoff, or Relocation Requiring Notice | Plant closings involving 50 or more employees (excluding part-time employees) during a 30-day period. Layoffs within a 30-day period involving 50 to 499 full-time employees constituting at least 33% of the full-time workforce at a single site of employment. Layoffs of 500 or more full-time employees are covered regardless of... |
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