California Guide · Updated 2026
California WARN Act: Notice Rules for Layoffs & Closures
A layoff or closure that seems routine can trigger California's WARN Act — which is broader than the federal version and carries real back-pay liability if you miss the 60-day notice. Plan the timing early.
When Cal-WARN applies (Labor Code §§1400–1408)
Cal-WARN covers a “covered establishment” that has employed 75 or more people in the preceding 12 months. It is triggered by a:
- Mass layoff — 50 or more employees laid off in a 30-day period;
- Relocation — moving operations 100+ miles; or
- Termination/closure of the establishment.
The 60-day notice
Give written notice at least 60 days before the action to: the affected employees, the California EDD, the local workforce development board, and the chief elected official of the local government.
Cal-WARN is broader than federal WARN
California's thresholds are lower than the federal WARN Act (29 U.S.C. §2101), which generally requires 100+ employees and larger loss numbers. If both apply, comply with each.
Penalties & practical steps
- Back pay and the value of benefits for each affected employee for the period of violation (up to 60 days), plus civil penalties.
- Count the rolling 30- and 90-day windows carefully — staggered cuts can aggregate.
- Prepare the notices early and coordinate with counsel on narrow exceptions (e.g., unforeseeable business circumstances).
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