In this guide8 sections
In August 2025, Marathon Staff Solutions filed a California WARN notice for layoffs at its West Sacramento location; news reports at the time put the cuts at 71 Northern California jobs, 62 of them in West Sacramento. If you work through a staffing agency and your job ends, you have the same core rights as any California employee: on-time final pay, advance notice of a covered mass layoff, paid sick leave and unemployment benefits. The company you were placed with may also share responsibility for unpaid wages.
Key takeaways
- Covered employers generally must give 60 days’ written notice before a mass layoff, closure or relocation (Labor Code §1401).
- Staffing agency workers on assignment must generally be paid weekly; if you are discharged, final wages are due immediately (Labor Code §§201.3, 201).
- A business that uses agency workers can share liability for their unpaid wages (Labor Code §2810.3).
- File for unemployment with EDD as soon as your work ends.
What was reported
Public WARN data lists a notice from Marathon Staff Solutions for about 62 workers at its West Sacramento office, filed in early August 2025, with an effective date of October 7, 2025. News reports in August 2025 described 71 permanent layoffs across Northern California, and said the company had not released a detailed public statement. Follow notices like this one on our California layoff tracker.
Cal-WARN: notice before a mass layoff
California’s WARN Act covers an establishment that employs, or employed in the past 12 months, 75 or more people, counting workers employed at least 6 of the prior 12 months. A mass layoff is 50 or more employees laid off in any 30-day period. The employer generally must give 60 days’ written notice to affected workers, EDD, the local workforce board and local officials. Since January 1, 2026, the notice must also include CalFresh and rapid response information.
If required notice is missing, affected workers may recover back pay and benefits for up to 60 days, or half the days worked if less (§1402). The employer may also face a civil penalty of up to $500 per day (§1403), and workers who win in court may recover attorney’s fees (§1404). Read more on Cal-WARN notice rights and the EDD’s WARN page.
Final pay rules for staffing agency workers
| Situation | When wages are due | Law |
|---|---|---|
| On assignment with a client | Generally at least weekly, by the next week’s regular payday (some assignments are paid daily) | Labor Code §201.3 |
| Discharged or laid off | Immediately | Labor Code §§201, 201.3 |
| You quit | Last day with 72 hours’ notice, otherwise within 72 hours | Labor Code §202 |
| Earned, unused vacation | With final pay | Labor Code §227.3 |
Wages that are willfully paid late can trigger a waiting-time penalty of a day’s pay for each day late, up to 30 days (§203). See our guide to final paycheck rules.
The client company can share the blame
When a business gets workers from a labor contractor to do work in its usual course of business, it shares civil liability with the contractor for those workers’ unpaid wages and for failing to carry workers’ comp coverage (Labor Code §2810.3). This rule generally applies to client businesses with 25 or more workers, counting agency workers, that use more than five agency workers. Before suing under it, you must notify the client company at least 30 days in advance. Neither company may retaliate against you for raising the issue.
Example (hypothetical): Luis works through an agency at a distribution center. His last two checks are short on overtime, and the agency stops answering calls after the layoff. He may be able to pursue both the agency and the distribution center for what he is owed.
Sick leave, injuries and unemployment
- Paid sick leave: Temporary and staffing agency workers are covered. Employers must generally provide at least 40 hours or five days a year. See California paid sick leave.
- Work injuries: Agency workers are covered by workers’ comp. See workers’ comp for temp workers.
- Unemployment: You may qualify if you are out of work through no fault of your own and are able and available to work. Report any severance or pay in lieu of notice accurately.
Frequently asked questions
Does Cal-WARN protect temp workers?
It can. Workers employed at least 6 of the prior 12 months count, and those affected by a covered mass layoff are entitled to notice.
My assignment ended. Is that the same as being fired?
Not always. If the agency ends your employment, final wages are due immediately. If you stay on its roster, weekly pay rules continue.
Can I collect unemployment between assignments?
Possibly. EDD decides based on why the work ended and whether you are available for work.
Who do I sue for unpaid wages, the agency or the client?
Often both. The agency is your employer, and the client can share liability under §2810.3.
Talk to a California employment lawyer
Employees First Labor Law represents workers exclusively. If you were laid off without notice or your final pay was short, we offer free virtual consultations. Contact us or call (310) 853-3461.
This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.
