November 26, 2020

Cal-WARN Act Obligations Amended Per Governor’s Executive Order

Governor Newsom issued an Executive Order suspending California’s mini-WARN Act (Cal-WARN) obligations for employers affected by COVID-19. From March 4, 2020, through the end of the coronavirus emergency, employers that order a mass layoff, relocation, or termination at a covered establishment need not adhere to the express requirements of California Labor Code sections 1401(a), 1402, and 1403 on the condition that the employer:

The Executive Order also instructs the California Labor and Workforce Development Agency to provide, by March 23, 2020, guidance on how the Executive Order will be implemented.

Currently, there is no suspension of federal WARN Act obligations due to COVID-19. Thus, while California employers may find some relief from the state statute, they should ensure that they do not run afoul of any applicable federal requirements.

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