On March 17, 2020, Governor Gavin Newsom issued Executive Order N-31-20 (“EO N-31-20”) regarding the California WARN Act (Lab. Code §§ 1400, et seq.). EO N-31-20 is often inaccurately described as suspension of the entire California WARN Act. However, the Department of Industrial Relations, Division of Labor Standards Enforcement, and the Employment Development Department clarified that EO N-31-20 only suspended the sixty (60) day notice requirement if an employer still provides written notice and satisfies other conditions. Importantly, EO N-31-20’s suspension of the sixty (60) day notice requirement expired on June 30, 2021 pursuant to paragraph 6 of Governor Newsom’s June 11, 2021 Executive Order N-08-21. This means that the 60-day notice requirement will once again be effective for the California WARN Act. Companies with questions about the applicability of the California WARN Act should contact experienced counsel.
