California Codes

Cal. Labor Code § 1401 (2026)

✓ current as of May 2026

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(a)An employer may not order a mass layoff, relocation, or termination at a covered establishment unless, 60 days before the order takes effect, the employer gives written notice of the order to the following:

(1)The employees of the covered establishment affected by the order.

(2)The Employment Development Department, 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.

(b)An employer required to give notice of any mass layoff, relocation, or termination under this chapter shall include in its notice the elements required by the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. Sec. 2101 et seq.).

(c)An employer required to give notice of any mass layoff, relocation, or termination under this chapter shall include in the notice whether the employer plans to coordinate services, such as a rapid response orientation, through the local workforce development board, the employer plans to coordinate services through a different entity, or the employer does not plan to coordinate services with any entity.

(1)Regardless of whether the employer chooses to coordinate services with the local workforce development board or another entity, the employer shall include in the notice a functioning email and telephone number of the board and the following description of the rapid response activities offered by the local workforce development board in accordance with Chapter 32 (commencing with Section 3102) of Title 29 of the United States Code:

“Local Workforce Development Boards and their partners help laid off workers find new jobs. Visit an America’s Job Center of California location near you. You can get help with your resume, practice interviewing, search for jobs, and more. You can also learn about training programs to help start a new career.”

(2)If the employer chooses to coordinate services with the local workforce development board or another entity, the employer shall arrange services within 30 days from the date of the notice.

(d)An employer required to give notice of any mass layoff, relocation, or termination under this chapter shall include in the notice a description of the statewide food assistance program known as CalFresh (Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code), the CalFresh benefits helpline, and a link to the CalFresh internet website.

(e)An employer required to give notice of any mass layoff, relocation, or termination under this chapter shall include in the notice a functioning email and telephone number of the employer for contact.

(f)Notwithstanding the requirements of subdivision (a), an employer is not required to provide notice if a mass layoff, relocation, or termination is necessitated by a physical calamity or act of war.

Notes of Decisions

Cited in 9 cases (7 in the last 5 years), 2019–2025 · leading case: Cruz v. HMR Foods Holding, LP (In re HMR Foods Holding, LP), 602 B.R. 855 (Bankr. D. Del. 2019).

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Cruz v. HMR Foods Holding, LP (In re HMR Foods Holding, LP), 602 B.R. 855 (Bankr. D. Del. 2019). “Cal. Lab. Code § 1401 (a). This result becomes apparent if we replace the word "employer" with "parent company" in § 1401 (a) so that the provision reads: a parent company may not order a mass layoff, relocation, termination at a covered establishment unless, 60 days before the…”

Gunderson v. Alta Devices, Inc. (N.D. Cal. 2021). · cites it 2× “6 5th 1104, 1127-28 (2017) (noting that the exception is limited to a “physical calamity or act of 7 war”) (citing Cal. Lab. Code § 1401 (c)). And similarly to the federal WARN Act, there is no 8 triable issue of material fact that Defendant satisfies the “actively seeking…”

Manuao v. L.A. Downtown Med. Ctr. CA2/7 (Cal. Ct. App. 2025). · cites it 2× “Code, § 17200); (9) concealment (of the details of the hospital sale and how it would affect her employment); (10) intentional infliction of emotional distress; (11) violation of the Worker Adjustment and Retraining Notification Act (WARN Act) (Lab. Code, § 1401 et seq.); (12)…”

Alejandro Romero v. Watkins & Shepard Trucking Inc (9th Cir. 2021). “1 In enforcing Watkins’ motion to compel arbitration of Romero’s claims under the federal and California WARN Acts, Cal. Labor Code § 1401 ; 29 U.S.C. § 2101 et seq.”

Philips v. Munchery Inc. (N.D. Cal. 2020). “§ 2102 (a) (providing that “an employer shall not 2 order a plant closing or mass layoff until the end of a 60-day period after the employer serves 3 written notice of such an order” to each affected employee); see Cal. Lab. Code § 1401 (requiring 4 employers to give written…”

Philips v. Munchery Inc. (N.D. Cal. 2021). “§ 2102 (a) (providing that “an employer shall not order a plant 1 such an order” to each affected employee); see Cal. Lab. Code § 1401 (requiring employers to 2 give written notice to affected employees 60 days prior to “mass layoff, relocation, or 3 termination”).”

Gunderson v. Alta Devices, Inc. (N.D. Cal. 2021). “” Cal. Labor Code § 1401 . Plaintiffs filed an amended complaint on June II.”

Neal v. United Furniture Indus., Inc. (Bankr. N.D. Miss. 2025). “Cal. Labor Code § 1401 . California’s WARN Act ( Cal.”

Arrington v. H.I.G. Capital Mgmt. LLC (Bankr. D. Del. 2025). “71 CAL. LAB. CODE § 1401(a). 72 Id. § 1400.5.”

— Cal. Labor Code § 1401(a) — 1 case

Arrington v. H.I.G. Capital Mgmt. LLC (Bankr. D. Del. 2025). “71 CAL. LAB. CODE § 1401(a). 72 Id. § 1400.5.”

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