the employer is not legally required to report it under the WARN Act? Just trying to confirm if that’s why some layoffs don’t appear in WARN r
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WARN was created as employers were tossing staff with no notice. We start with 60 days notice so no need for it
ask chat gpt. plus the 60bay no work period is how they get around most of the warn requirement. they send you home then submit the warn.
ChatGPT
You said:
what are California's WARN notice requirements
ChatGPT said:
California’s WARN Act (Worker Adjustment and Retraining Notification Act) has specific requirements for employers to provide notice before mass layoffs, relocations, or terminations. Here's a breakdown of the key points:
Who Must Comply
Employers with 75 or more full-time or part-time employees within the past 12 months.
When Notice Is Required
Written notice must be given at least 60 days in advance of:
Mass layoffs: 50 or more employees laid off during any 30-day period.
Relocation: Moving a facility or business operation more than 100 miles away.
Termination: Shutting down a facility or operating unit permanently or for an indefinite period, affecting any number of employees.
Who Must Receive Notice
Affected employees.
The Employment Development Department (EDD).
The local workforce development board.
The chief elected official of the local city or county government.
Penalties for Noncompliance
Employers who fail to give proper notice may owe:
Up to 60 days of back pay and benefits to affected employees.
Civil penalties of $500 per day of violation.
Differences from Federal WARN
California’s WARN is stricter than the federal WARN Act:
It applies to smaller employers (75+ employees vs. 100+ for federal).
No minimum number of hours worked required for employees to be counted.
Covers a broader range of events, including some smaller layoffs and relocations.
Let me know if you need a sample notice, exemptions, or help understanding how this might apply in a specific situation.
Under the California WARN Act, the threshold of 50 or more employees laid off within a 30-day period is site-specific—not statewide.
That means:
The layoff count is based on each covered establishment (i.e., a single location or group of contiguous locations).
If 50 or more employees are laid off at one site during a 30-day period, the WARN notice is required.
If there are multiple locations, layoffs at each are evaluated independently for WARN purposes (unless they are part of a larger, coordinated reduction that could be interpreted as a single site).
If you’re planning or analyzing layoffs across multiple sites, and none individually hit 50 affected employees, the WARN Act may not apply—unless those layoffs are part of a larger coordinated action that might be interpreted as a single event.