The California Worker Adjustment and Retraining Notification Act (Cal-WARN), often referred to as the California WARN Act, provides protections for employees in the event of mass layoffs, relocations, or terminations by requiring advance notice from employers. It expands on the federal WARN Act by covering smaller employers, including additional triggers like relocations, and incorporating part-time employees in certain counts.
Cal-WARN applies to “covered establishments,” defined as any industrial or commercial facility (or part thereof) that employs, or has employed within the preceding 12 months, 75 or more full- or part-time persons. This threshold is lower than the federal WARN Act’s 100-employee requirement. Other provisions specify:
– – Employer: Any person who directly or indirectly owns and operates a covered establishment; includes parent corporations for subsidiaries they control.
– – Employee: A person employed for at least 6 of the 12 months preceding the notice date; includes part-time workers in the 75-employee threshold count.
– – Layoff: Separation from a position due to lack of funds or work.
– – Mass Layoff: Layoff of 50 or more employees at a covered establishment during any 30-day period (no percentage-of-workforce requirement, unlike federal WARN).
– – Relocation: Removal of all or substantially all operations to a location 100 or more miles away. – – Termination: Cessation or substantial cessation of operations at a covered establishment.
The Act does not apply to project-based or seasonal employment where workers were hired with the understanding of limited duration.
As of January 1, 2026, amendments from Senate Bill 617 (approved October 1, 2025) have expanded the required content of notices under the Act. The Act is codified in California Labor Code sections 1400 through 1408, which outline definitions, triggers, notice requirements, penalties, exceptions, and enforcement.
The primary amendments effective in 2026 involve California Labor Code Section 1401, which governs the notice requirements for mass layoffs, relocations, or terminations at covered establishments. As amended by SB 617 notices must also include:
– – Whether the employer plans to coordinate support services (e.g., rapid response orientation for job search, resume help, training) through the local workforce development board, another entity, or not at all. If coordinating, services must be arranged within 30 days of the notice.
– – Contact info (email and phone) for the local workforce development board, plus a standardized description: “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.”
– – A description of the statewide food assistance program known as CalFresh (California’s version of the Supplemental Nutrition Assistance Program, or SNAP, under Welfare and Institutions Code Chapter 10, commencing with § 18900), along with the CalFresh benefits helpline and a link to the CalFresh website. This addition aims to inform workers about access to food benefits during potential unemployment.
– – A functioning employer email and phone number for contact.
SB 617 introduces new subsections (c), (d), and (e) to Labor Code § 1401, while renumbering the prior subsection (c) (regarding exceptions for physical calamity or war) to (f). The notices must still include all elements required by the federal WARN Act (29 U.S.C. § 2101 et seq.), such as the expected date of the action, affected job titles, and contact details, but now incorporate additional employee-focused information.
For the full statutory text, refer to the chaptered version of SB 617 on the California Legislative Information website. Employers are advised to consult legal counsel or the Employment Development Department for guidance on implementation.