As under federal WARN, employees must have been employed for at least six of the 12 months preceding the date of required notice to be counted (California Labor Code Section 1400 (a) and (h)). 750 0 obj <>/Filter/FlateDecode/ID[<8BD4F209ACF59A48AB341AF115DAD382><9D074E85343CEF44A7F4F2C57D8A50C6>]/Index[734 31]/Info 733 0 R/Length 84/Prev 103388/Root 735 0 R/Size 765/Type/XRef/W[1 2 1]>>stream (1) Floods, earthquakes, droughts, storms, tidal waves or tsunamis and similar effects of nature are natural disasters under this provision. If a layoff or plant closing is covered by WARN or by California’s mini-WARN, employees who will lose their jobs are entitled to notice 60 days in advance. The California WARN Act applies to businesses with 75 or more employees within the preceding 12 months. A plant closing, layoff or relocation of 50 or more employees within a 30-day period, regardless of percentage of workforce. 2101(a)(1)(A). The two laws contain some distinct differences. FALTERING COMPANY EXCEPTION (not applicable to mass layoff). (c) The “natural disaster” exception in section 3(b)(2)(B) of WARN applies to plant closings and mass layoffs due to any form of a natural disaster. Employers are also covered by the federal WARN Act if they employ 100 or more employees who together work at least 4,000 hours per week. The WARN Act doesn’t require notice to strikers or those involved in labor negotiations leading to a lockout when the strike or lockout is equivalent to a plant closing or mass layoff. Employers are covered by the federal WARN Act if they have 100 or more employees, not counting part-time employees who have worked less than six months in the last 12 months or who work an average of less than 20 hours a week. 734 0 obj <> endobj (Relocation is defined as any move that is 100 miles away or more). Even in such situations, however, the federal WARN Act and state plant closing laws (sometimes called "mini-WARN" laws) may give employees some rights as the workplace doors close. Fortunately, California state laws don’t vary too much from the laws of the federal WARN Act. The notice must be provided to employees; the State dislocated worker unit and the chief elected official of the unit of local government in which the employment site is located, and any collective bargaining unit. 1293951 FEDERAL WARN CALIFORNIA WARN EXCEPTIONS TO NOTICE REQUIREMENTS layoff). The federal government has a notice requirement law that requires an employer to provide its employees with adequate notice when it plans to go out of business or layoff a large number of them. The layoff notice obligations of the California WARN Act may be triggered by: WARN Act requirements do not apply to seasonal or temporary employee layoffs, or those affecting certain project-based work, such as in the motion picture, television and construction industries. Unless an exception applies, employees must receive notice with the information specified in the WARN Act and its regulations at least 60 days before experiencing an employment loss. The WARN (Worker Adjustment and Retraining Notification) Act requires businesses who employ over 100 workers to either give their employees 60 days’ notice in writing of a mass layoff or plant closing, or to pay the employees if they fail to give the notice. California has its own version of the WARN Act. Under the WARN Act, the seller is responsible for providing such notice for a plant closing or mass layoff that occurs before or on the “effective date” of the sale. The employer bears the burden of proof that conditions for the exceptions have been met. Note: unlike under federal law, California’s WARN Act imposes the duty of providing notice where employees are temporarily laid off and given a date to return to work. The closure of the Company will be permanent and will constitute a plant closing under the Worker Adjustment and Retraining Notification Act (“WARN " ). Governor Davis. h�b```�V�C���aB�@�S�'&�+�bids�� �����j�. The WARN Act (Worker Adjustment and Retraining Notification Act of 1988) is a fundamental labor law of the United States which protects employees, their families and surrounding communities by requiring the majority of qualified employers (100 or more employees) to provide a minimum of a 60-day advance notification of factory or plant … %%EOF Name and phone number of a company official to contact for further information. § 2103(b)(2)(A) and 20 C.F.R. 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