Warn Act Exceptions and Exemptions

There is an offer to transfer employee to a different site within a reasonable commuting distance.
(29 USC, 2101 (b) (2); 20 CFR 639.5)

The closure is due to unforeseeable business circumstances, a natural disaster.
(29 USC, 2103; 20 CFR 639.9)

The closing or layoff constitutes a strike or constitutes a lockout not intended to evade the requirement of this chapter.
[29 USC, 2103 (2)]

The notice requirements do not apply to employees involved in seasonal employment where the employees were hired with the understanding that their employment was seasonal and temporary.
[California Labor Code Section 1400 (g)(2)]

Notice is not required if a mass layoff, relocation or plant closure is necessitated by a physical calamity or act of war.
[California Labor Code Section 1401 (c)]

Notice of a relocation or termination is not required where, under multiple and specific conditions, the employer submits documents to the Department of Industrial Relations (DIR) and the DIR determines that the employer was actively seeking capital or business, and a WARN notice would have precluded the employer from obtaining the capital or business. (California Labor Code Section 1402.5) This exception does not apply to notice of a mass layoff as defined in California Labor Code Section 1400 (d).
[California Labor Code Section 1402.5 (d)]