FILING WARNS AND TRANSITION ASSISTANCE

WHAT IS WARN?

A WARN constitutes a formal communication from a business, serving as a notification of impending layoffs or plant closures.  This notification safeguards the interest of employees, their families and the broader community by mandating a 60-day advance notice period for layoffs or plant closures. This timeframe allows affected employees the opportunity to seek alternative employment, apply for unemployment benefits, and/or attend other matters potentially impacted by their employment status.  The WARN applies to businesses who have, within the preceding 12 months, employed 75 or more individuals on a full-time or part-time basis.

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WHEN DO BUSINESSES NEED TO FILE A WARN?

In California, businesses must file a WARN when any plant closures or layoffs affect 50 or more employees, within a 30-day timeframe, irrespective of the company’s overall size.

• It is mandatory to provide notification of such events at least 60 days in advance.  Failure to do so, could result in penalties and compensation for workers.

• For detailed information on WARNs and commonly asked questions, businesses are encouraged to visit the Employment Development Department (EDD) WARN website.

• It is advisable that businesses familiarize themselves with both the Federal WARN law and the California WARN law to ensure compliance with notification obligations.

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HOW TO FILE A WARN:

Orange County businesses are required to inform employees about an impending layoff, a minimum of 60 days prior to the scheduled date of layoffs. Subsequently, the business must proceed to submit a WARN to relevant entities including their locals Workforce Board, local elected officials, the Board of Supervisor within the district where that business resides, and the Employment Development Department.

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BUSINESSES MUST:

• For Employees - the notification must be via any reasonable method of delivery to ensure receipt by the impacted employee.  This can be accomplished via first class mail, personal delivery, email, among others, and must reach them no fewer than 60 days before a mass layoff or plant closure.

• For EDD - the notice should be emailed to edd@warnnotice@edd.ca.gov, containing the subsequent details:

  • The notice itself, either as an attachment or within the email body.

  • Contact particulars for an employer representative; to be utilized in case the EDD necessitates further information.

• For the OC Board of Supervisors - the notification should be directed to the Board of Supervisor responsible for overseeing the district where the business is located. If layoff impacts workplaces in multiple districts, include the Board of Supervisor for each district where layoffs are taking place. Businesses can utilize the “Find My District - Look Up Tool” to identify the appropriate Board of Supervisor.

• For the Chief Elected Official - notification must be received by the mayor of the city where the layoff is taking place.  If layoff impacts workplaces in multiple cities, include the mayor for each city where layoffs are taking place. Businesses can utilize the “Find My District - Look Up Tool” to identify the appropriate Chief Elected Official(s).

• For the local Workforce Development Board - in Orange County (with the exception of those businesses located in the cities of Anaheim and Santa Ana), the required notice should be emailed or mailed to the Orange County Workforce Development Board c/o Nancy Cook, Director:

 

Nancy Cook, Director

Orange County Workforce Development Board

1300 South Grand Avenue, Building B

Santa Ana, CA 92705​

Nancy.Cook@occr.ocgov.com

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• For cities located in Anaheim, please visit the following website for more information on how to file a WARN with the City of Anaheim: Rapid Response / WARN | Anaheim, CA.

• For cities located in Santa Ana, please visit the following website for information on how to file a WARN with the City of Santa Ana: WORK Center Business Services | Santa Ana, CA.

 

WHAT MUST BE INCLUDED IN THE WARN?

Contents of the WARN must include:

• Business name and address of impacted employment site.

• Contact details of a company representative for further inquiries, including name, phone number, and email address.

• Clarification on whether the layoff or closure is permanent or temporary.

• Expected date of separation and projected timeline for subsequent separations.

• Identification of job titles for affected employees, along with corresponding number of impacted workers in each category.

• Indication of any available bumping rights.

• Contact information for union representation or union official, if relevant.

• In the case of multiple affected locations, a detailed breakdown specifying the number of affected workers and their respective job titles by each location.

 

Orange County Workforce Solutions is here to help your business by working together in supporting your goals.