WARN Act Violations Attorney

The federal Worker Adjustment and Retraining Notification (WARN) Act requires employers with 100+ employees to provide 60 days advance written notice before mass layoffs (50+ employees) or plant closings. California's Cal-WARN Act (Lab. Code § 1400) is even broader, covering employers with 75+ employees. New York's WARN Act also covers employers with 50+ employees.

Under the federal WARN Act, affected employees can recover up to 60 days of back pay and benefits. California's Cal-WARN provides similar remedies plus penalties of $500 per day per violation. New York's WARN Act allows recovery of 60 days of pay and benefits. These damages are per employee, so collective recoveries can be substantial.

Yes, narrow exceptions exist: the "faltering company" exception (employer actively seeking capital), "unforeseeable business circumstances" (sudden market changes), and "natural disaster." However, courts interpret these exceptions strictly. COVID-19 prompted some temporary modifications, but standard requirements have resumed.

WARN Act claims are filed in federal district court (federal WARN) or state court (state WARN Acts). There is no administrative prerequisite. The statute of limitations is generally three years under federal law. In California and New York, class or collective actions are common because WARN violations typically affect many workers simultaneously.