On March 17, 2020, California Governor Gavin Newsom issued an Executive Order suspending some of the notice requirements under the California WARN Act ("Cal-WARN"), the state counterpart to the Federal WARN Act. The federal Worker Adjustment and Retraining Notification (WARN) Act protects workers during certain types of layoffs.If you’re an employer who is planning a layoff, the WARN Act may require you to give a written 60-day notice to your employees and other parties. Under this law, a covered establishment is any “industrial or commercial facility” that employs or has employed 75 or more persons over the last year. Under Cal-WARN employers must generally provide at least 60 days advance notice of plant or worksite closures or mass layoffs. The Worker Adjustment and Retraining Notification Act of 1988 (the "WARN Act") is a US labor law which protects employees, their families, and communities by requiring most employers with 100 or more employees to provide 60 calendar-day advance notification of plant closings and mass layoffs of employees, as defined in the Act. Brian V. Alcala, Hillary Baca, Mae Hau, Benjamin J. Kim. 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The Worker Adjustment and Retraining Notification (WARN) Act helps ensure advance notice in cases of qualified plant closings and mass layoffs. Recognizing the rapid layoffs needed to prevent the spread of COVID-19, on March 17, 2020, the Governor of California issued an executive order that “suspended” the Cal-WARN Act. As California employers grapple with the ongoing coronavirus crisis, Governor Gavin Newsom temporarily suspended the 60-day notice requirement of the Cal-WARN Act. This law is known as the WARN Act (Illinois Worker Adjustment and Retraining Notification Act). Some mini-WARN laws also do not have the same quasi-exceptions found in the federal WARN Act. It is also an open question whether the federal WARN Act will be strictly enforced by the Department of Labor after resolution of the coronavirus outbreak, but for now, there has been no indication to suggest otherwise. It is likely that a COVID-19-related order for layoffs fits the exception, but employers should consult with legal counsel about their notice obligations under both the Executive Order and the federal law. Privacy Policy | Terms of Use and Conditions | Statement of Client Rights | Nixon Peabody International LLP Chief among these protections is the requirement that businesses with 75 or more employees in California provide their employees with at least 60 days’ advance notice before taking action that would result in the temporary or permanent loss of … California WARN Act Suspended During Crisis. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. Guidance on the New York Department of Labor (NY DOL) website seemingly indicates that a plant closing or mass layoff would fall into one of the enumerated exceptions. 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