The Worker Adjustment and Retraining Notification Act Frequently Asked Questions
Below is a list of frequently asked questions about the Worker Adjustment and Retraining Notification (WARN) Act. If you have more specific questions that you would like answered, please contact us.
Media inquiries should be directed to the EDD Communications Office by phone at 916-654-9029 or by email. For non-media inquiries or general questions about the WARN Act, contact the California WARN Act Coordinator by email. For Public Records Act requests, please submit them through the EDD’s Ask EDD page by selecting the Public Records Request category.
Contact information for the city and county chief elected official(s) who receives WARN notices is available from your Local Workforce Development Area Administrators.
California labor market data are available on the EDD’s Labor Market Information Division (LMID) web page. The LMID collects and publishes employment, unemployment, and other labor market data for all counties of California.
Requests for additional labor market services or questions should be addressed to the LMID. Visit the Contact LMI page for detailed contact information.
The WARN Report is updated on the 10th and 25th of each month and published within three days thereafter, excluding holidays and weekends.
California retention laws require the EDD to store records for up to five years. Currently, the EDD publishes all available WARN Reports under the Listing of Filed WARN Notices section of the EDD’s WARN Information for Employers web page.
While the 60-day period is the minimum for advance notice, this provision is not intended to discourage employers from voluntarily providing longer periods of advance notice.
Source: 20 CFR 639.2, Page 351
The enforcement of the WARN law and labor law violations should be directed to the California Department of Industrial Relations. The EDD only processes California WARN notices that it receives and does not provide legal advice nor does it enforce labor law, including WARN law violations.
A company with a “covered establishment” that employs 75 employees or more is required to file a WARN notice if it lays off 50 or more employees during any 30-day period.
Source: California Labor Code, Section 1400
Employers must give a WARN notice at least 60 calendar days prior to any planned plant closing or mass layoff. If all employees are not terminated on the same date, the date of the first individual termination within the statutory 30-day or 90-day period triggers the 60-day notice requirement. A worker’s last day of employment is considered the date of that worker’s layoff.
Source: 20 CFR 639.5(a), Page 354
Federal WARN requirements
Employees who are paid by their employer or who are self-employed, but who are contracted to the company conducting a layoff, are not considered “affected employees” of that company.
Part-time or seasonal employees are workers who are employed for an average of fewer than 20 hours per week or who have been employed for fewer than 6 of the 12 months preceding the date on which notice is required, including workers who work full-time. Part-time workers do not count when determining whether there has been a plant closing or mass layoff but they are entitled to receive a WARN notice if there is one.
California WARN requirements
Employees who have worked at least 6 months of the 12 months preceding the date on which a WARN notice is required are counted in determining if there is a mass layoff during any 30-day period of 50 or more employees at a covered establishment.
Source: California Labor Code, Section 1400(d)&(h)
The single site of employment for workers whose primary duties require travel from point to point, who are outstationed, or whose primary duties involve work outside any of the employer’s regular employment sites (e.g., railroad workers, bus drivers, salespeople) is one of the following:
- The location from which the employee is assigned work
- The location to which the employee reports
- The location assigned to the employee as their home base
Yes. The employer is required to provide a WARN notice to any affected employees, the EDD, the Local Workforce Development Board, and the chief elected official of each city and county government in which the termination, relocation, or mass layoff occurs.
Local Workforce Development Areas (Local Areas) can assist in locating information about how to contact the chief elected officials in the communities affected by the planned layoff or closure.
Source: California Labor Code, Section 1401.