Governor Newsom Issues Executive Order Modifying Cal-WARN Requirements

Last night, Governor Newsom issued an Executive Order suspending the ordinary application of Cal-WARN (which has been interpreted by a California appellate court to apply to “mass” short-term furloughs as well as mass layoffs, relocations or terminations at a covered establishment), provided that the following conditions are met:

  1. Employers give written notices required under Cal-WARN;
  2. As much notice as is practicable is given, and when the notice is given, the employer provides a brief statement as to the basis for reducing the notification period;
  3. The mass layoff (or furlough), relocation or termination is caused by Covid-19-related business circumstances that were not reasonably foreseeable as of the time that notice would have been required; and
  4. The written Cal-WARN notice contains 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 Executive Order is effective immediately and can be found here.