What Is the California WARN Act Layoff Rights Law And Does Your Layoff Qualify?

If you were recently laid off in California, the California WARN Act may entitle you to advance notice before a mass layoff takes effect. If your employer skipped that notice, you may have a claim for back pay and lost benefits.

What Is the California WARN Act?

The California Worker Adjustment and Retraining Notification Act, commonly called Cal-WARN, is a state law that protects employees during large-scale layoffs, business closures, and relocations.

Under Cal-WARN, an employer generally cannot order a mass layoff, relocation, or termination at a covered establishment unless, 60 days before the order takes effect, the employer gives written notice to employees as well as the Employment Development Department.

Cal-WARN vs. the Federal WARN Act: Key Differences

Cal-WARN is broader than the federal WARN Act in three important ways: the employer coverage threshold is lower, part-time employees are included in the headcount, and relocations are covered under the state law.

Here is a quick side-by-side breakdown:

• Employer size threshold: Cal-WARN covers employers with 75 or more employees. The federal law only covers employers with 100 or more.
• Part-time workers: Cal-WARN counts part-time employees toward that threshold. Federal WARN does not.
• Relocations: Cal-WARN covers the removal of all or substantially all operations to a location 100 or more miles away. The federal law does not require notice for relocations in the same way.

Who Qualifies for Cal-WARN Protections?

Not every layoff triggers Cal-WARN. There are specific requirements that must be met before the law applies to your situation.

The Employer Must Be Large Enough

Cal-WARN applies to covered establishments, which are industrial or commercial facilities that have employed 75 or more full-time and part-time workers within the preceding 12 months.

The Layoff Must Meet a Minimum Size

A mass layoff under Cal-WARN means the layoff of 50 or more employees at a covered establishment during any 30-day period, with no percentage-of-workforce requirement unlike the federal WARN Act.

You Must Have Worked There Long Enough

Cal-WARN generally applies to employees who have been employed by the employer for at least six of the 12 months preceding the date on which notification would be required.

The Three Triggering Events

Cal-WARN is activated by one of three events:

• A mass layoff of 50 or more workers within a 30-day period
• A plant closure or substantial cessation of operations
• A relocation of operations more than 100 miles away

What Happens If Your Employer Violated the WARN Act?

If your employer failed to give the required 60-day notice, you may have a legal claim against them.

An employer who fails to give the required notice is liable to each affected employee for back pay and the value of benefits for each day of violation, up to a maximum of 60 days or one-half the number of days the employee was employed, whichever is smaller.

In addition, an employer who fails to give proper notice is subject to a civil penalty of not more than $500 for each day of the employer’s violation.

It is also worth noting that WARN Act violations often accompany other employment law issues. California WARN Act violations frequently occur alongside wrongful termination claims, final paycheck violations, workplace retaliation, and unpaid wages claims. If any of those apply to your situation, it is worth reviewing your full circumstances with an attorney.

What to Do Right Away

If you believe your employer violated the WARN Act, a few practical steps can help protect your rights:

• Save any written communications about your layoff, including emails, termination letters, and severance paperwork
• Note the exact date you were notified and the date your employment ended
• Find out how many other employees were laid off at the same time
• Contact an employment attorney to review your situation

New Cal-WARN Requirements in 2026

The law was recently updated. Effective January 1, 2026, employers conducting mass layoffs are required to include in the notice whether they plan to coordinate services through the local workforce development board or another entity, along with information regarding the statewide food assistance program known as CalFresh.

This change came from Senate Bill 617, signed into law in October 2025. While this update is primarily aimed at employers, it is relevant to employees because it strengthens the notice requirements your employer must meet. If your layoff notice is missing this information, it could support a claim that proper notice was not given.

Frequently Asked Questions

Does the California WARN Act apply to my layoff?

It may, depending on the size of your employer and the number of people laid off at the same time. If your employer has 75 or more employees and laid off 50 or more workers within a 30-day period, Cal-WARN likely applies to your situation.

What happens if my employer did not give 60 days notice before a layoff?

You may be entitled to back pay and the value of lost benefits for each day of the violation, up to 60 days. In some cases, additional civil penalties may apply against the employer.

How many employees does a company need to have for the WARN Act to apply in California?

Under Cal-WARN, the threshold is 75 or more employees, which is lower than the federal requirement of 100. Part-time workers count toward that number under California law.

Can I sue my employer for violating the WARN Act in California?

Yes, in many cases you can. If an employer fails to provide 60 days advance notice, employees who lose their jobs in connection with the event have the right to sue the employer for a WARN Act violation. Speaking with an employment attorney can help you understand whether your specific situation qualifies.

Talk to a California Employment Attorney

The California WARN Act is more protective than federal law, but determining whether your layoff qualifies requires a careful review of the facts. The size of your employer, the number of workers affected, and the timing of your notice all matter.

WARN Act claims are subject to strict filing deadlines. The sooner you act, the stronger your position.

Schedule a consultation with TONG LAW today. Call (855) 866-4529 or visit our Employment Law page to get started.