Cal-WARN in 2026: The 60-Day Notice (and the New SB 617 Rules) Your Employer Owes You

If you work for a larger California employer and you are caught in a mass layoff, a business closure, or a relocation, your employer generally has to give you 60 days of advance written notice under the California WARN Act. As of January 1, 2026, a new law called SB 617 requires that notice to include more information than before, covering transition services, contact details, and public assistance like CalFresh. If your employer skipped the notice it owed you, you may be entitled to up to 60 days of back pay and the value of your benefits.

Here is how Cal-WARN works in 2026, what changed, and what to do if your notice was missing or incomplete.

At a glance

• California's WARN Act generally requires 60 days of advance written notice before a covered mass layoff, termination of operations, or relocation. It is broader than the federal law and applies to employers with 75 or more workers.
• New for 2026, SB 617 expands what a Cal-WARN notice must say. It does not change the 60-day timing or when notice is required.
• If your employer failed to give the required notice, the law allows up to 60 days of back pay, the value of lost benefits, and attorneys' fees.
• A WARN violation is about notice, not motive. A layoff can also be wrongful termination for separate reasons, and the two issues can exist at the same time.

Does my California employer have to give 60 days' notice before a layoff?

If the California WARN Act applies to your situation, then yes. Cal-WARN generally requires a covered employer to give at least 60 days of advance written notice before a mass layoff, a termination of operations, or a relocation. That notice has to go not only to affected employees but also to the state Employment Development Department (EDD), the local workforce development board, and the chief elected officials of the city and county where the job loss happens. The notice has to actually reach you in time. A note slipped into a pay envelope does not count.

Whether the law applies depends on the size of the employer and the size of the layoff, which we break down next.

What is the California WARN Act?

The California WARN Act, found in the Labor Code starting at section 1400, is the state's version of the federal Worker Adjustment and Retraining Notification Act. The state law is broader than the federal one. Federal WARN generally reaches employers with 100 or more employees, while Cal-WARN reaches smaller employers.

Cal-WARN applies to a "covered establishment," which is an industrial or commercial facility, or part of one, that employs or has employed 75 or more people in the preceding 12 months. The 60-day notice obligation is triggered by one of three events:

• A mass layoff. A layoff of 50 or more employees at a covered establishment during any 30-day period.
• A termination. The stopping, or substantial stopping, of operations at a covered establishment.
• A relocation. Moving all or substantially all operations to a location 100 or more miles away.

Limited exceptions exist, and they tend to be narrow. The key point is that Cal-WARN can apply to layoffs that would be too small to trigger the federal law, which is why it is worth checking the California rules specifically.

What is new under SB 617 in 2026?

SB 617 was signed into law on October 1, 2025, and took effect on January 1, 2026, amending Labor Code section 1401. It is important to understand what it does and does not do. SB 617 does not change the 60-day timing, and it does not change when notice is required. What it changes is the content of the notice. Every Cal-WARN notice issued on or after January 1, 2026 now has to include more information, with the goal of getting laid-off workers faster access to help.

Under the updated law, a Cal-WARN notice must now state whether the employer plans to coordinate transition services, such as a rapid response orientation, through the local workforce development board, through a different organization, or not at all. The notice must also include employer contact information and a description of available services, along with information about CalFresh food assistance. If the employer says it will coordinate services, it generally must arrange them within 30 days of the notice.

The practical effect for employees is that a 2026 notice missing this information, for example one with no CalFresh details or no working contact information, may be legally deficient. A deficient notice can matter to your rights.

What does my employer owe me if they violated WARN?

When an employer orders a covered mass layoff, termination, or relocation without giving the required notice, the law makes it liable to each affected employee. That generally includes back pay for the period of the violation, up to 60 days, plus the value of the benefits you would have received during that time, including medical expenses that would have been covered, along with attorneys' fees and costs. A civil penalty may also apply in some situations.

In other words, the missed notice is not just a paperwork problem. It can translate into real money owed to you, separate from any severance the employer offered.

Does WARN apply to my layoff?

A quick way to think about it: Cal-WARN is most likely in play when your employer had 75 or more workers in the past year and the layoff hit a large group, generally 50 or more people in a 30-day window, or involved a closure or a move of 100 or more miles. A small layoff of a handful of people usually will not trigger the notice requirement, though other protections can still apply. Because the thresholds and exceptions get technical fast, and the facts of how a layoff was structured matter, it is worth having someone confirm whether the law reaches your situation rather than assuming either way.

What WARN does not do

Cal-WARN is about notice and timing, not about why you were chosen. It does not by itself make a layoff "wrongful," and it does not require an employer to pay severance. It also does not address whether a layoff was used as cover to push out someone for an illegal reason. That is a separate question. A single layoff can raise both a WARN notice issue and a wrongful termination issue at the same time. If you suspect your selection was tied to your age, a disability, a complaint, or a leave, that is worth looking at alongside the notice question. Our guide on when a layoff is actually wrongful termination covers it.

What to do if you think your employer skipped notice

Save everything. Keep any layoff notice you received, the dates you were told and the date your job actually ended, and anything showing how many people were let go and when. Note your employer's size if you know it. Do not access company systems after your separation to gather documents. Then talk to an employment lawyer promptly, because claims carry deadlines and some are short. Do not calendar a deadline off a guide. Confirm it against your facts.

Frequently asked questions

Does my California employer have to give 60 days' notice before a layoff?

If Cal-WARN applies, generally yes. The law requires 60 days of advance written notice before a covered mass layoff, termination of operations, or relocation, for employers with 75 or more workers. Smaller layoffs may not be covered.

What is SB 617?

A 2026 update to Cal-WARN. Effective January 1, 2026, it expands what a layoff notice must include, such as transition-service coordination, contact information, and CalFresh details. It does not change the 60-day timing.

Can I get paid if my employer did not give WARN notice?

Possibly. The law allows up to 60 days of back pay, the value of lost benefits, and attorneys' fees when an employer fails to give required notice. Whether it applies depends on your facts.

Is severance the same as WARN pay?

No. Severance is generally optional and offered in exchange for a release of claims. WARN back pay is a remedy for a missed legal notice. You can be owed one, both, or neither depending on the situation.

Does the WARN Act mean my layoff was illegal?

Not on its own. WARN is about notice, not the reason you were selected. A layoff can still be wrongful termination for separate reasons, which is a different analysis.

Were you laid off without proper notice?

If you were caught in a mass layoff, closure, or relocation and you did not get the notice the law requires, or the notice looked incomplete, it is worth a closer look. We represent employees, only employees, across California, and most of our work is in Los Angeles. We handle these matters on a contingency-fee basis, and the first case review is free.

Call (424) 255-8376 or contact us for a free, confidential case review.

The Law Offices of Jonathan J. Delshad is a Los Angeles based employment law firm representing employees across California in wrongful termination, discrimination, retaliation, harassment, and wage and hour matters. Representing employees is the core of the firm's practice. Mr. Delshad serves as Editor-in-Chief of the California Wrongful Termination Law Review and trained at Latham & Watkins. Recognition includes Super Lawyers (2022 to 2025), Best Lawyers (since 2017), and an Avvo 10.0 "Superb" rating. Reviewed for California employment law accuracy. Last updated: July 1, 2026.

Attorney advertising. This article is educational only and is not legal advice. Reading it does not create an attorney-client relationship, which exists only under a signed engagement agreement. Every case is different, and outcomes depend on the specific facts. Deadlines can run early, so consult a lawyer promptly about your situation.