The California Worker Adjustment and Retraining Notification (mini-WARN) Act is a state law that mandates employers to provide advance notice to employees affected by plant closings and mass layoffs. While the federal WARN Act has its provisions, the California mini-WARN Act provides additional protections to workers in the state.
This ensures they have time to adjust to the impending unemployment, seek alternative employment, or acquire necessary job training.
Do I Have Any Rights if I Am Laid Off?
When facing layoffs, employees have several rights to consider.
Liability for Back Pay
The concept of liability for back pay pertains to compensation that an employer owes to an employee for work-related obligations but hasn’t paid. In the context of layoffs, especially where legal notice requirements like those in the WARN Act or the California mini-WARN Act are not met, affected employees may be entitled to back pay for the notice period.
Example: Imagine Company X decides to lay off a portion of its workforce without giving them the requisite 60-day notice mandated by the WARN Act. If an employee typically earns $100 a day and they weren’t given any notice before the layoff, the company would owe that employee $6,000 in back pay (60 days x $100/day). This is irrespective of whether the employee finds another job immediately after the layoff or remains unemployed.
Unemployment Insurance Benefits
Unemployment insurance is a state-provided benefit that temporarily compensates eligible workers who have lost their jobs, helping them bridge the financial gap until they find new employment. These benefits are funded by unemployment taxes paid by employers. The amount and duration of the benefits vary from state to state, but they are generally designed to cover a fraction of the worker’s previous earnings.
To receive these benefits, workers must typically meet specific eligibility requirements. These include having earned a minimum amount during a “base period” before unemployment and being laid off for reasons beyond their control.
Example: Sarah, a software developer in California, was laid off when her company downsized. She had been earning a consistent salary and had been with the company for two years. After her layoff, she applied for unemployment insurance benefits. After a short waiting period and after proving her eligibility, Sarah began receiving a portion of her previous salary as unemployment benefits. These benefits provided her with financial support as she sought a new job, ensuring she could still manage her essential expenses like rent, utilities, and groceries.
Both of these facets underscore the importance of understanding employee rights in the event of layoffs. While back pay serves as a form of compensation for employers’ failures to comply with notice requirements, unemployment insurance acts as a safety net, offering financial support during the transition to new employment.
It’s essential to be aware of these rights, as they can provide crucial support during transitions, and to know when to seek legal recourse in the face of layoff legal disputes.
What Types of Employers Are Covered Under the California Mini-WARN Act?
The California mini-WARN Act applies to employers who have employed 75 or more employees, full or part-time, in the preceding 12 months. It’s designed to cover a broad spectrum of employers, ensuring that a significant portion of California’s workforce is protected against sudden and unforeseen job losses.
Examples of Employers Covered by the California mini-WARN Act
- Tech Corporations: Consider a technology company in Silicon Valley with 200 full-time software developers and an additional 100 part-time administrative staff. They would be well above the 75-employee threshold.
- Retail Chains: A large retail store chain with multiple locations in Los Angeles, together employing over 150 staff members, both on the shop floor and in administrative roles, would be covered.
- Manufacturing Plants: A manufacturing company in San Diego that employs 50 full-time assembly line workers and 30 part-time logistics and warehouse staff would also be included.
- Healthcare Institutions: A healthcare network operating multiple clinics in San Francisco, with a combined workforce of 100 nurses, administrative staff, and specialists, would fall under the Act.
Examples of Employers NOT Covered by the California mini-WARN Act
- Small Start-ups: A tech start-up in its early stages operating out of Palo Alto with 20 engineers and 10 marketing staff would not meet the 75-employee threshold.
- Local Bakeries: A family-owned bakery in Santa Monica with 5 full-time bakers and 10 part-time sales staff would be well below the stipulated threshold.
- Boutique Law Firms: A law firm in Sacramento with 15 attorneys and 20 paralegals and support staff would not be covered.
- Independent Restaurants: An independent seafood restaurant in Long Beach, which employs 10 chefs, waitstaff, and hosts combined, would not come under the California mini-WARN Act’s requirements.
While the California mini-WARN Act covers a vast array of employers, many smaller businesses or institutions with fewer employees are exempt. This ensures that the law primarily targets organizations where mass layoffs would have a more significant community impact.
What Triggers California WARN Application?
The California WARN Act is triggered when an employer plans to shut down a facility or undergo a mass layoff, which affects 50 or more employees within a 30-day period, regardless of the percentage of workforce.
Other events, such as relocations of substantial distances, can also activate the requirements of the Act. Here’s how and why relocations of substantial distances can trigger the requirements of the Act:
In the context of the mini-WARN Act, a relocation refers to the removal of all or substantially all of the industrial or commercial operations of an employer to a different location a specified distance from the original site. The key here is the term “substantial distances.” While the Act does not specify an exact mileage to determine what constitutes a “substantial distance,” it generally means a relocation far enough away to necessitate the affected employees. This is either to relocate their residences or face a significantly longer commute.
Why Relocations Activate the Requirements
Relocating a business operation can have a profound impact on employees. A substantial relocation can effectively mean the loss of a job for those who cannot or choose not to move or commute to the new location. Thus, the effects of such a relocation on employees are akin to a layoff.
For instance, if a company in Los Angeles decides to relocate its operations to San Francisco, employees might find it impractical or unaffordable to move. Those who don’t wish to or cannot relocate might face unemployment as a direct consequence of the move.
Obligations Under the Act
When such relocations occur, the California mini-WARN Act mandates that the employer provides affected employees with a 60-day advance notice, just as they would in the case of mass layoffs or plant closings. This notice period is intended to give employees time to adjust to the forthcoming changes — whether that means planning a move, searching for a new job, or seeking training for a new role.
Comparing Federal and State Laws: What Are Some Benefits of California Mini-WARN Act?
While the federal WARN Act and California’s mini-WARN both aim to protect workers, the latter offers enhanced protections. For instance, while the federal act requires a covered plant closing or mass layoff to affect at least 100 full-time employees, California’s threshold is 75 employees, inclusive of part-time workers. Moreover, California’s definition of a ‘mass layoff’ is broader and does not necessitate that the layoffs constitute a certain percentage of the employer’s workforce.
What Are the Exceptions to the Notice Requirement?
While the California WARN Act mandates a 60-day notice, there are exceptions. For instance, if the layoffs result from a physical calamity or act of war, the notice requirement can be bypassed. However, employers must demonstrate that specific unforeseen business circumstances led to the sudden decision of a mass layoff or shutdown.
What Are the Penalties for Failure to Provide 60-Days Notice?
Employers failing to provide the requisite 60-day notice can face significant penalties. They may be liable to affected employees for back pay and the cost of benefits for each day of violation. Additionally, employers may be required to pay civil penalties to the state if they do not notify local government entities of the impending layoffs.
Should I Seek Attorney’s Help for Violations of California WARN Act?
If you believe your rights under the California WARN Act have been violated, seek legal counsel. An attorney can provide guidance on potential remedies and represent you in any legal proceedings. Contact a California wrongful termination lawyer through LegalMatch to ensure your rights are upheld.