The federal Worker Adjustment and Retraining Notification Act requires that larger employers provide written notice to affected workers of a mass layoff or closing 60 days prior to the event. California’s version of the WARN Act applies to facilities that have employed 75 or more workers in the last 12 months that are planning to undertake a closing, relocation or mass layoff as defined by the act. Effective January 1, 2026, Senate Bill 617 requires several additions to the 60-day notice which must be given to affected employees.
Specifically, in addition to existing requirements, employers subject to Cal/WARN must now include in the notice whether the employer plans to coordinate support services, such as rapid response orientation, through the local workforce development board or a different entity, or does not plan to coordinate services. The notice must also include a functioning email and telephone number of the board and the following description of the rapid response activities offered: “Local Workforce Development Boards and their partners help laid off workers find new jobs. Visit an America’s Job Center of California location near you. You can get help with your resume, practice interviewing, search for jobs, and more. You can also learn about training programs to help start a new career.” If the employer coordinates services, the employer must arrange for such services within 30 days from the date of the notice.
Further, the written notice must provide a description of the statewide food assistance program known as CalFresh, the CalFresh benefits helpline, and a link to the CalFresh internet website. Finally, the notice must include a functioning email and telephone number of the employer for contact.
An employer that fails to provide written notice before ordering a mass layoff, relocation, or closing covered by Cal/WARN is liable to each employee entitled to notice who lost his or her employment for back pay and the value of the cost of any benefits to which the employee would have been entitled had his or her employment not been lost, including the cost of any medical expenses incurred by the employee that would have been covered under an employee benefit plan, for up to 60 days, plus attorneys’ fees and costs.
