If you are an employee in California, you are familiar with the state’s Worker Adjustment and Retraining Notification (WARN) act. This legislation was enacted to provide certain protections for employees affected by mass layoffs or plant closures. Here is what you need to know about the California WARN Act:
What is the California WARN Act?
The California WARN Act is a state law that requires employers with 75 or more employees to provide 60 days’ notice to employees, their representatives, and certain government agencies before the following:
- A mass layoff: This is considered the layoff of at least 50 employees within 30 days.
- Relocation: This refers to the transferring of all or almost all of a business operation to a new site at a distance of at least 100 miles.
- Termination: This is the full or partial cessation of a company’s activities.
What Protections does the California WARN Act provide for Employees?
The California WARN Act provides several protections for employees affected by mass layoffs or plant closures. According to California employee law, employers should provide advance notice of the layoff, which gives employees time to prepare for the loss of their jobs and to seek other employment opportunities. In addition, the WARN act requires employers to provide certain information to affected employees, such as the reason for the layoff and the number of employees who will be affected.
When is an Employer Required to Give Notice Under the California WARN Act?
An employer must give notice under the WARN Act, Labor Code 1400 et seq. if it plans a mass layoff, relocation, or termination of employment. The notice must be given at least 60 days before the effective date of the layoff, relocation, or termination.
What are the Consequences for Employers Who Violate the California WARN Act?
An employer who violates the California WARN Act could be liable to affected employees for damages. Employees may be entitled to back pay and benefits for the period between the date the notice should have been given and the date the layoff, relocation, or termination of employment occurred. In addition, the employer may be required to pay a civil penalty of up to $500 per employee for each day of violation.
How Can Employees Seek Remedies If Their Employer Violates the California WARN Act?
If you believe that your employer has violated the California WARN Act, you are liable to seek remedies by filing a lawsuit in court. You should consult an experienced employment law attorney to discuss your options and determine the best action for your situation.
The California WARN Act is an essential piece of legislation that protects employees who may be affected by mass layoffs or plant closures. If you are an employee in California and your employer is planning a mass layoff, relocation, or termination of employment, it is crucial to understand your rights under the Act and to seek legal assistance if you believe your employer has violated the Act.