The California Employment Development Department (EDD) has announced that under Executive Order N-31-20, the 60-day notice requirement under the California Worker Adjustment and Retraining Notification (WARN) is temporarily suspended.

In frequently asked questions, the EDD explained that the temporary suspension was granted because of the recognition that California employers have had to rapidly close down their businesses to prevent or mitigate the effects of the COVID-19 but have not been able to give their employees the usual 60-days' notice.

The EDD cautions that the Executive Order does not suspend the California WARN Act in its entirety, nor does it suspend the law for all covered employers; it only suspends the California 60-day notice requirement for employers that satisfy the following requirements:

• The employer's mass layoff, relocation or termination must be caused by COVID-19-related "business circumstances that were not reasonably foreseeable at the time that notice would have been required"
• The employer must provide written notice that satisfies the following requirements:
• Gives as much notice as practicable (i.e., reasonably possible) at the time notice is given
• Provides a brief statement as to why the 60-day notification period could not be met
• Includes the following information in the notice to each affected employee:
• A statement as to whether the planned action is expected to be permanent or temporary and, if the entire location is to be closed, a statement to that effect
• The expected date when the plant closing or mass layoff will commence and the expected date when the individual employee will be separated
• An indication of whether or not bumping rights exist
• The name and telephone number of a company official to contact for further information
• The following statement: "If you have lost your job or been laid off temporarily, you may be eligible for Unemployment Insurance (UI). More information on UI and other resources available for workers is available at labor.ca.gov/coronavirus2019."
• The notice may include additional information useful to the employees such as the estimated duration of a layoff, if known
• Includes the following information in the notices separately provided to the EDD, the Local Workforce Development Board, and the chief elected official of each city and county government within which the termination, relocation, or mass layoff occurs:
• Name and address of the employment site where the closing or mass layoff will occur
• Name and phone number of a company official to contact for further information
• Statement as to whether the planned action is expected to be permanent or temporary and, if the entire location is to be closed, a statement to that effect
• Expected date of the first separation, and the anticipated schedule for subsequent separations
• Job titles of positions to be affected, and the number of employees to be laid off in each job classification
• In the case of layoffs occurring at multiple locations, a breakdown of the number and job titles of affected employees at each location
• An indication as to whether or not bumping rights exist
• Name of each union representing affected employees, if any
• Name and address of the chief elected officer of each union, if applicable
• The notice may include additional information useful to the employees such as, if the planned action is expected to be temporary, the estimated duration, if known

For more information see the EDD website, Labor & Workforce Development Agency — Coronavirus 2019 (COVID-19) Resources for Employers and Workers.

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