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State Employment Law Articles
Article Index » california » warn act
Report Link MINIMIZING THE RISKS ASSOCIATED WITH LAYOFFS.
Shaw Valenza LLP - February 16, 2009
Call it a recession or a depression; the consequences of this economy are the same for an increasing number of employers in the country—employee layoffs. Not coincidentally, employment lawyers experienced a surge of business at the end of 2008 from employers seeking advice on how to reduce the potential liability associated with reductions in force.
Report Link 'BABY' WARN ACT MIGHT BE GROWING UP.
Shaw Valenza LLP - July 10, 2008
The economic downturn results in increased layoffs and business closings. Employers must consider whether they are required to give legally required advance notice of these events. Federal law includes the Worker Adjustment and Retraining Notification Act, known as WARN. However, California employers may be covered by an analogous state law, informally known as the "baby" WARN Act. Labor Code Sections 1400-1408. Both laws require employers to give advance "notice" to affected employees and certain government entities of future employment losses. These laws' purpose is to give workers time to seek new employment, and to facilitate the government's programs for the unemployed to absorb a large influx of unemployed workers.
Report Link A Transfer of Employment Does Not Necessarily Constitute A "Mass Layoff" Under California WARN.
Littler Mendelson, P.C. - December 22, 2005
In the first published case interpreting the meaning of "mass layoff" under the California Worker Adjustment and Retraining Notification Act ("California WARN", Cal. Lab. Code §1400 et. seq.), a California Court of Appeal provided some much needed guidance and good news to employers regarding their obligations under the statute. In Stanley MacIsaac v. Waste Management Collection and Recycling, Inc., A108599 (Cal. Ct. of Appeal, 1st Dist., Dec. 12, 2005), the court held that an employer need not provide the required sixty-day statutory notice to employees when employees are transferred to another operation as a result of a sale.

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