|Federal WARN Provisions||California WARN Provisions (Assembly Bill 2957, Koretz)|
|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. (29 USC 2101 and 29 CFR 639.3)||Applicable to a "covered establishment" with 75 or more employees full or part-time. 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. [California Labor Code Section 1400 (a) and (h)]|
|PLANT CLOSING OR LAYOFF REQUIRING NOTICE|
|Plant closings involving 50 or more 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 of more are covered regardless of percentage of workforce. (29 USC, et seq., 2101 and 29 CFR 639.3)||Plant closing, layoff or relocation of 50 or more employees within a 30-day period regardless of percentage of work force. Relocation is defined as a move to a different location more than 100 miles away. [California Labor Code Section 1400 (c)and (d)]|
|Enforcement of WARN requirements through United States district courts. The court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs. (29 USC 2101, et seq)||Suit may be brought in "any court of competent jurisdiction". The court may award reasonable attorney’s fees as part of costs to any prevailing plaintiff. The California WARN law is in the Labor Code and the authority to investigate through the examination of books and records is delegated to the Labor Commissioner. (California Labor Code Sections 1404 and 1406)|
|An employer who violates the WARN provisions is liable to each employee for an amount equal to back pay and benefits for the period of the violation, up to 60 days, but no more than half the number of days the employee was employed by the employer. [29 USC; 2104 (a)]||A possible civil penalty of $500 a day for each day of violation. Employees may receive back pay to be paid at employee’s final rate or 3 year average rate of compensation, whichever is higher. In addition, employer is liable for cost of any medical expenses incurred by employees that would have been covered under an employee benefit plan. The employer is liable for period of violation up to 60 days or one-half the number of days the employee was employed whichever period is smaller. (California Labor Code Section 1403)|
|An Employer must provide written notice 60-days prior to a plant closing or mass layoff to employees or their representative, the State dislocated worker unit (the Employment Development Department, Workforce Investment Division in California), and the chief elected official of local government within which such closing or layoff is to occur. (29 USC, 2102; 29 CFR 639.5)||An employer must give notice 60-days prior to a plant closing, layoff or relocation. In addition to the notifications required under federal WARN, notice must also be given to the Local Workforce Investment Board, and the chief elected official of each city and county government within which the termination, relocation or mass layoff occurs. (California Labor Code Section 1401)|
|EXCEPTIONS AND EXEMPTIONS TO NOTICE REQUIREMENTS|
|Regular Federal, State, local and federally recognized Indian tribal governments are not covered.|
(29 USC, 2102 (a); 29 CFR 639.3)
The following situations are exempt from notice:
There is an offer to transfer employee to a different site within a reasonable commuting distance.
(29 USC, 2101 (b) (2); 29 CFR 639.5)
The closure is due to unforeseeable business circumstances, a natural disaster.
(29 USC, 2103; 29 CFR 639.9)
The closing or layoff constitutes a strike or constitutes a lockout not intended to evade the requirement of this chapter.
[29 USC, 2103 (2)
|California WARN does not apply when the closing or layoff is the result of the completion of a particular project or undertaking of an employer subject to Wage Orders 11, 12 or 16, regulating the Motion Picture Industry, or Construction, Drilling, Logging and Mining Industries, and the employees were hired with the understanding that their employment was limited to the duration of that project or undertaking.
[California Labor Code Section 1400 (g)]
The notice requirements do not apply to employees involved in seasonal employment where the employees were hired with the understanding that their employment was seasonal and temporary.
[California Labor Code Section 1400 (g)(2)]
Notice is not required if a mass layoff, relocation or plant closure is necessitated by a physical calamity or act of war.
[California Labor Code Section 1401 (c)]
Notice of a relocation or termination is not required where, under multiple and specific conditions, the employer submits documents to the Department of Industrial Relations (DIR) and the DIR determines that the employer was actively seeking capital or business, and a WARN notice would have precluded the employer from obtaining the capital or business. (California Labor Code Section 1402.5) This exception does not apply to notice of a mass layoff as defined in California Labor Code Section 1400 (d).
[California Labor Code Section 1402.5 (d)]