California Lay Off Laws
Workers providing their services within the state of California are protected under law to certain rights if laid off. Employers are required to provide notice, payments and fair reasoning to all employees. This practice not only the workers, but their families and communities as a whole.
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The WARN Law
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The Worker Adjustment and Retraining Notification (WARN) law protects workers by demanding that employers give affected employees at least 60 days notice before a plant closing or mass layoff. Employers who do not follow the WARN law are required to pay the employees with benefits, for the period the violation, up to half the number of days the employee was employed by the employer.
Final Paycheck
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On the final day of work, the employer must provide the employee with a final paycheck that includes all earned and unpaid wages including vacation hours. If an employer does not have a paycheck ready for the employee, the employer must pay the employee a waiting time penalty.
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Meal Period Premium
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Up for discussion by the California Supreme Court as of March 2009, the meal period premium promises employees additional payment for missing meal breaks. The policy is under review, but many companies choose to pay employees the premium in order to avoid paying the waiting fees later on.
Restrictions
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Employers are not allowed to layoff an employee based on illegal activity reasoning. Illegal activity is constituted as laying off an employee based on disability, age, sex, marital status, religion or national origin. Layoffs are not permitted due to an employee starting or joining a union or reporting unsafe working conditions.
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References
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