Workforce Reductions in California: Do You Have to Give Employees Advance Notice Under Cal-WARN?
California employers across industries have been forced to make difficult decisions concerning staffing levels and the need for workforce reductions in recent months. Layoffs, facility closures, and employee relocations can potentially trigger an employer’s duty to give employees advance notice of a layoff or certain other workplace events. A failure to give notice may expose employers to liability – and recent legal developments make it essential for California employers to understand their obligations. What should you do to determine whether your company is covered by Cal-WARN and how can you comply? Background Notice may be required under both the federal Worker Adjustment and Retraining Notification Act (WARN Act) and the California WARN Act. Both federal WARN and Cal-WARN require employers to give at least 60 days’ advance notice to employees for qualifying facility closures and layoffs. However, the laws differ in determining who qualifies as a “covered employer” that must give ...