California WARN generally requires covered employers to give at least 60 days’ written notice before a qualifying mass layoff, plant or facility closure, or relocation. The state law generally covers establishments with 75 or more employees, including full- and part-time employees subject to counting rules, and it has different triggers and notice recipients from federal WARN. This guide explains both laws and the California notice changes effective January 1, 2026; those changes were not in force during 2025.
When California WARN applies
California’s Worker Adjustment and Retraining Notification law, commonly called Cal-WARN, applies to qualifying actions at covered establishments. The California Employment Development Department (EDD) says an establishment is generally covered if it employs or employed 75 or more full- and part-time employees during the preceding 12 months. Employees must also meet the applicable six-month employment condition to count. The thresholds depend on statutory definitions and counting rules, so a company-wide headcount or everyday use of “layoff” does not by itself determine coverage. See the EDD’s Cal-WARN overview.
California’s covered events
- Mass layoff: A layoff of 50 or more employees within a 30-day period. California’s summary does not use the federal one-third-of-the-workforce test.
- Plant or facility closure: A qualifying closure may affect any number of employees.
- Relocation: Generally, a move of at least 100 miles.
These are agency summaries of statutory terms, not a substitute for applying the definitions to a particular employer, establishment, workforce, and event.
How California WARN differs from federal WARN
California and federal WARN are separate legal regimes. An employer should test coverage under each rather than treating the state threshold as a substitute for the federal test—or vice versa.
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| Issue | California WARN | Federal WARN |
|---|---|---|
| General employer or establishment coverage | Generally, an establishment with 75 or more full- and part-time employees during the preceding 12 months, subject to the applicable six-month employment condition and other counting rules. (EDD: Cal-WARN overview) | Generally, employers with 100 or more employees, with federal counting rules that exclude certain short-tenure or part-time workers. (U.S. Department of Labor: Plant Closings and Layoffs) |
| Mass-layoff threshold | 50 or more employees in a 30-day period; the California summary does not apply the federal one-third test. (EDD: Cal-WARN overview) | Generally, 50 or more affected employees at one site, with additional workforce-percentage tests for certain mass layoffs. (U.S. Department of Labor: Plant Closings and Layoffs) |
| Other covered events | Plant or facility closure and qualifying relocation, generally a move of at least 100 miles. (EDD: Cal-WARN overview) | Covered plant closings and mass layoffs at a single site under federal definitions. (U.S. Department of Labor: Plant Closings and Layoffs) |
| General notice period | At least 60 days before the covered order takes effect, subject to applicable exceptions. (EDD: Cal-WARN overview) | Generally, 60 calendar days for covered events, subject to federal exceptions. (U.S. Department of Labor: Plant Closings and Layoffs) |
| Notice recipients | Affected employees, EDD, the Local Workforce Development Area, and the chief elected official of affected local government. (EDD: Cal-WARN overview) | Federal notice recipients; California’s state requirements add local recipients. (EDD: Cal-WARN overview) |
The table summarizes agency guidance, not every statutory definition or counting detail. A covered establishment, affected employee, or single site should be identified under the relevant law’s own rules.
When notice is due, who receives it, and what it must say
The general California rule is written notice at least 60 days before the covered order takes effect. EDD directs employers to notify affected employees, EDD, the relevant Local Workforce Development Area, and the chief elected official of affected local government. Employers should confirm the correct officials with the Local Area and follow the current EDD instructions. EDD’s WARN page provides the current employer guidance.
Information in the notice
EDD’s checklist calls for information including:
- The employer’s identity, the employment site, and a contact person.
- Whether the action is temporary or permanent, and whether the facility will close.
- The expected first separation date and schedule.
- Affected job titles and employee counts, with location breakdowns where needed.
- Applicable information about bumping rights and union representatives.
EDD says delivery should ensure the notice is received at least 60 days in advance. Its examples of acceptable delivery include first-class mail, personal delivery, and inclusion in a pay envelope; a routine ticketed or preprinted insert is not acceptable. Confirm all legal content requirements for the specific notice before sending it. EDD’s employer guidance explains delivery and notice details.
Additional California requirements effective January 1, 2026
California SB 617 amended Labor Code section 1401, effective January 1, 2026. EDD’s Workforce Services Information Notice WSIN25-14, issued January 6, 2026, describes the added notice content. For notices governed by the amended requirements, employers must state whether they intend to coordinate services through a Local Workforce Development Board, another entity, or not at all. If they elect to coordinate through an entity, coordination must occur within 30 days of the WARN notice. The notice must also describe Rapid Response activities, give an overview of CalFresh and its benefits helpline and website, and include employer and applicable Local Board phone and email contacts. Read EDD’s WSIN25-14; EDD also flags the new requirements on its current WARN page.
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Exceptions are limited and fact-dependent. EDD describes several California exceptions, but a federal exception does not automatically excuse notice under California law.
Exceptions described by California EDD
- Specified project-based employees: Certain employees in specified industries may be excluded when they were hired with the understanding that employment would last only for the project.
- Seasonal employees: An exception may apply when employees were hired with the understanding that their work was seasonal and temporary.
- Physical calamity or act of war: EDD says notice is not required when a mass layoff, relocation, or closure is necessitated by a physical calamity or act of war.
- Conditional determination for certain relocations or terminations: An employer may request a determination for specified circumstances involving active efforts to obtain capital or business and a risk that notice would prevent it. EDD says this process does not apply to a mass layoff.
The conditional process is not a general California “faltering company” exemption. The facts and statutory requirements matter. Consult EDD’s California guidance for the described exceptions.
Federal exceptions
The U.S. Department of Labor describes federal exceptions involving unforeseeable business circumstances, faltering companies, and natural disasters, among other coverage limitations. Federal rules may require notice as soon as practicable when full 60-day notice cannot be given, along with an explanation for the shortened period. Whether an exception applies under federal law does not settle the California analysis; assess both laws independently. See the DOL’s federal WARN overview.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What can happen if required California notice is missing
The California Labor Commissioner summarizes potential Cal-WARN liability as back pay and the value of benefits for each employee entitled to notice who loses employment. The maximum is 60 days or one-half the period the employee was employed, whichever is smaller; specified payments may reduce liability. The agency also describes enforcement authority that includes examining books and records. This is a summary of possible statutory liability, not a calculation of what any individual worker or employer would owe in a specific case. Read the Division of Labor Standards Enforcement’s Cal-WARN summary.
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A practical California WARN compliance sequence
- Map the affected establishments and event. Identify each site and determine whether the planned action may be a closure, mass layoff, termination, or relocation.
- Count employees under both laws. Apply each law’s own employee-count and service-period rules, assess each relevant location, and examine the applicable 30-day window.
- Analyze state and federal coverage separately. Record the facts supporting any claimed exception; do not assume an exception under one law controls the other.
- Build the complete recipient list. Include affected employees or representatives, EDD, the Local Workforce Development Area, and appropriate local officials. Confirm local officials with the relevant Local Area.
- Prepare the notice for the applicable effective-date rules. Include employer, site, timing, job-impact, union, and applicable worker-service information. For notices subject to requirements effective January 1, 2026, include the SB 617 additions.
- Deliver on time and retain evidence. Ensure recipients receive notice by the applicable deadline, follow current EDD submission instructions, and retain dated copies and delivery records.
- Coordinate and preserve the record. Coordinate with the Local Board and Rapid Response services when appropriate, and preserve the analysis, counts, notice versions, recipient list, and delivery evidence.
This sequence organizes agency guidance; it is not an official EDD form or a legal determination. The EDD’s WARN guidance and WSIN25-14 provide the relevant state instructions.
What employees can take from a WARN notice
A WARN notice identifies a covered employment action and provides information about its timing and workforce impact; it is not itself a calculation of any individual employee’s pay or benefits. If you receive one, check the stated first separation date, your job and worksite information, and any union or bumping-rights details that apply. California’s 2026 notice requirements also call for information about Rapid Response and CalFresh. Questions about whether a particular notice or separation meets legal requirements depend on the facts and may warrant advice from a California employment lawyer or the relevant agency.
Sources and scope
This guide summarizes California EDD and Labor Commissioner materials and the U.S. Department of Labor’s federal overview. Agency summaries help explain the general rules, but a particular transaction may turn on statutory definitions, detailed counting rules, recipient requirements, and exceptions. For a live layoff or notice, verify the current agency instructions and legal text and seek California employment-law advice as appropriate.
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