|

California Layoff: What you need to know

California has adopted provisions similar to the federal Worker Adjustment and Retraining Notification Act (WARN Act) that require industrial or commercial facilities employing 75 or more workers within the previous 12 months to provide 60 days' written notice to employees in the following circumstances:
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
• Before conducting a mass layoff of 50 or more employees during any 30-day period; or
• Before a plant closing or a relocation to a new location 100 miles or more away that affects all or substantially all workers at the facility (CA Lab. Code Sec. 1400 et seq.).
Note: In one of the first reported cases interpreting the term "mass layoff" under California's WARN Act (Cal-WARN), a California Court of Appeals held that an employer does not have to provide 60 days' notice to employees when, as a result of a sale of a business, the employees are transferred to another operation and have essentially the same position, benefits, and compensation (MacIsaac v. Waste Management Collection and Recycling, Inc., 134 Cal. App. 4th 1076 (2005)). However, the court also indicated that employers may still be bound to the law's notice requirements if employees are transferred to new jobs with inferior wages and different benefits as a result of a sale. As such, employers must remain vigilant in making sure that they are in compliance with the state WARN law.
Notice must be provided to the affected employees, the California Employment Development Department (EDD), the local workforce investment board, and the chief elected official of each city and county government in which the termination, relocation, or mass layoff occurs. The notice must be in writing and contain all the elements required by the federal WARN Act. The ...

>> Read more about Layoff

More on this topic:

State Requirements

National | Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming |

California Layoff Resources

Layoff Products

Rehire Without Risk Webinar Recording
BLR Webinar: "Rehire Without Risk: How to Bring Back Your Best After a Layoff—Without Courting a Lawsuit""
HR's Age Bias Prevention Boot Camp Recording
BLR Boot Camp: "HR's Age Bias Prevention Workshop: Smart Policy Practices Under New EEOC Rules and Realities""
Age Discrimination Webinar Recording
BLR Webinar: "Age Discrimination: How To Legally Manage Your Aging Workforce""
New York Employment Law Update Webinar Recording
BLR Webinar: "New York Employment Law Update: What You Need to Know Now About the State’s Latest Workplace Laws and Regs""
Compensation Communications 101 Webinar Recording
BLR Webinar: "Compensation Communications 101: How to Talk With Your Employees About Their Pay""
Free Special Reports
Get Your FREE HR Management Special Report. Download Any One Of These FREE Special Reports, Instantly!
Featured Special Report
Claim Your Free Copy of Critical HR Recordkeeping

Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
Download Now!


This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.

Topics covered:
1. Hiring Records
2. Employment Relationships
3. Termination Records
4. Litigation Issues
5. Electronic Information Issues
6. Tips for Better Recordkeeping
7. A List of Legal Requirements

Make sure you have the information you need to know to keep your records in order.