California Employment Law Update

Category Archives: WARN Act

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Layoffs Accelerate As Employers Struggle with Record Inflation

As the economy continues to struggle amidst the ravages of 40-year-high inflation, employers are finding it increasingly difficult to maintain their current staffing levels. While the tech industry has been the epicenter for layoffs thus far, a growing number of industries are being affected as well, including banking, financial, and legal services, and media outlets. … Continue Reading

California Suspends 60-Day WARN Act Notice Period Due to COVID-19

This morning, California Gov. Gavin Newsom issued an Executive Order that allows a California employer that is conducting layoffs due to the COVID-19 pandemic to use the newly-created “unforeseen business circumstances” exception to the state’s WARN Act requirements. More specifically, the order indicates that: Mass layoffs, relocations or closures fall under the newly-created “unforeseen business … Continue Reading

Cal-WARN Act Applies To Temporary Layoffs

International Bhd. of Boilermakers, et al. v. NASSCO Holdings Inc., 17 Cal. App. 5th 1105 (2017) The union and several employees sued the employer NASSCO, alleging it had violated the California WARN Act (Cal. Lab. Code § 1400, et seq.) by not providing at least 60 days’ advance notice to approximately 90 employees who were … Continue Reading

Parent And Subsidiary Corporations Were A Single Employer For Purposes Of WARN Act

Childress v. Darby Lumber, Inc., 357 F.3d 1000 (9th Cir. 2004) Darby Lumber, Inc. (DLI) operated as a lumber mill and manufactured, marketed, and sold finished lumber. DLI owned 100 percent of the stock of Bob Russell Construction (BRC). During the 12 months prior to BRC’s closure, DLI employed 88 employees, each with more than … Continue Reading
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