
The federal Worker Adjustment and Retraining Notification Act requires that larger employers provide written notice to affected workers of a mass layoff or closing 60 days prior to the event. California’s version of the WARN Act applies to facilities that have employed 75 or more workers in the last 12 months that are planning to undertake a closing, relocation or mass layoff as defined by the act. Effective January 1, 2026, Senate Bill 617 requires several additions to the 60-day notice which must be given to affected employees.
Specifically, in addition to existing requirements, employers subject to Cal/WARN must now include in the notice whether the employer plans to coordinate support services, such as rapid response orientation, through the local workforce development board or a different entity, or does not plan to coordinate services. The notice must also include a functioning email and telephone number of the board and the following description of the rapid response activities offered: “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.” If the employer coordinates services, the employer must arrange for such services within 30 days from the date of the notice.
Further, the written notice must provide a description of the statewide food assistance program known as CalFresh, the CalFresh benefits helpline, and a link to the CalFresh internet website. Finally, the notice must include a functioning email and telephone number of the employer for contact.
An employer that fails to provide written notice before ordering a mass layoff, relocation, or closing covered by Cal/WARN is liable to each employee entitled to notice who lost his or her employment for back pay and the value of the cost of any benefits to which the employee would have been entitled had his or her employment not been lost, including the cost of any medical expenses incurred by the employee that would have been covered under an employee benefit plan, for up to 60 days, plus attorneys’ fees and costs.
This blog is presented under protest by the law firm of Ervin Cohen & Jessup LLP. It is essentially the random thoughts and opinions of someone who lives in the trenches of the war that often is employment law–he/she may well be a little shell-shocked. So if you are thinking “woohoo, I just landed some free legal advice that will fix all my problems!”, think again. This is commentary, people, a sketchy overview of some current legal issue with a dose of humor, but commentary nonetheless; as if Dennis Miller were a lawyer…and still mildly amusing. No legal advice here; you would have to pay real US currency for that (unless you are my mom, and even then there are limits). But feel free to contact us with your questions and comments—who knows, we might even answer you. And if you want to spread this stuff around, feel free to do so, but please keep it in its present form (‘cause you can’t mess with this kind of poetry). Big news: Copyright 2025. All rights reserved; yep, all of them.
If you have any questions about this article, contact the writer directly, assuming he or she was brave enough to attach their name to it. If you have any questions regarding this blog or your life in general, contact Kelly O. Scott, Esq., commander in chief of this blog and Head Honcho (official legal title) of ECJ’s Employment Law Department.
- Partner
Kelly Scott is a Partner and Chair of the Employment Department.
Mr. Scott is also a member of the Litigation Department and has practiced law since 1987. His areas of practice include representation of employers in all types of ...
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