Federal

WARN Act Guide (2026): Requirements, Exceptions & State Mini-WARN Laws

The Worker Adjustment and Retraining Notification (WARN) Act, 29 U.S.C. § 2101 et seq., is a federal law that requires employers with 100 or more full-time employees to provide at least 60 calendar days’ advance written notice before a plant closing or mass layoff. The law became effective on February 4, 1989.

The U.S. Department of Labor administers WARN but does not enforce it. Enforcement occurs through private lawsuits filed in U.S. District Courts. Several states have enacted their own versions of the WARN Act — commonly referred to as “mini-WARN” acts — that expand protections beyond the federal baseline. (dol.gov)

This page compiles federal WARN Act requirements, exceptions, penalties, and a complete comparison of state mini-WARN laws, sourced from the U.S. Department of Labor and individual state labor departments.

WARN Act Guide 2026

What Is the WARN Act?

The WARN Act requires covered employers to provide 60 calendar days’ advance written notice to affected employees, their representatives (such as a labor union), the state dislocated worker unit, and the chief elected official of the unit of local government where the closing or layoff will occur. The purpose of the notice period is to give employees time to seek other employment or retraining before losing their jobs. (dol.gov)

Which Employers Are Covered?

The federal WARN Act applies to employers that have:

Coverage Criteria — Employer Threshold (2026)
Criteria Threshold
Full-time employees 100 or more
OR total employees (including part-time) 100 or more who work a combined 4,000+ hours per week (excluding overtime)

Part-time employees are defined as those who work an average of fewer than 20 hours per week or who have been employed for fewer than 6 of the preceding 12 months. Part-time employees are not counted toward the 100-employee threshold, but they are entitled to receive notice if a covered event occurs. (dol.gov)

Federal, state, and local government entities are not covered by WARN. The Act applies to private for-profit and nonprofit employers.

What Events Trigger WARN Notice?

Two types of events trigger the WARN Act notice requirement: plant closings and mass layoffs.

Plant Closing

A plant closing is the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site, that results in an employment loss of 50 or more full-time employees during any 30-day period.

Mass Layoff

A mass layoff is a reduction in force (not resulting from a plant closing) that causes an employment loss at a single site of employment during any 30-day period for:

Coverage Trigger Thresholds (2026)
Trigger Threshold
Option A At least 50 employees AND at least 33% of the active full-time workforce
Option B 500 or more employees (regardless of percentage)

Employment Loss Defined

An “employment loss” under WARN includes termination (other than for cause, voluntary departure, or retirement), a layoff exceeding 6 months, or a reduction in hours of work of more than 50% during each month of any 6-month period. (dol.gov)

90-Day Aggregation Rule

If an employer conducts a series of smaller layoffs at a single site, and those layoffs collectively meet the WARN thresholds within any 90-day period, the employer must provide WARN notice — unless the employer can demonstrate that the separate layoffs resulted from distinct causes and were not an attempt to evade the Act’s requirements. (20 C.F.R. § 639.5(a)(1))

Who Must Receive WARN Notice?

WARN requires employers to provide written notice to four parties:

WARN Act Notice Recipients (2026)
Recipient Details
Affected employees Each employee who will experience an employment loss (individually, unless represented by a union)
Employee representatives An officer of the exclusive representative or bargaining agent (union)
State dislocated worker unit The state entity designated to receive WARN notices and coordinate rapid response services
Local government The chief elected official of the unit of local government where the closing or layoff will occur
Source U.S. Department of Labor — WARN Act Guidance

What Must the WARN Notice Include?

Notices to individual employees must contain: the name and address of the employment site; a statement of whether the action is expected to be permanent or temporary; the expected date of the first separation; the expected date when the individual employee will be separated; and the name and telephone number of a company official to contact for further information.

Notices to employee representatives must additionally include: the job titles of positions to be affected and the number of affected employees in each job classification.

Notices to the state dislocated worker unit and local government must contain: the name and address of the employment site; the name and telephone number of a company official; a statement of whether the action is expected to be permanent or temporary; the expected date of the first separation; and the job titles and number of affected employees. (20 C.F.R. § 639.7)

Exceptions to the 60-Day Notice Requirement

The WARN Act provides three exceptions that allow employers to give less than 60 days’ notice. Even when an exception applies, the employer must provide as much notice as is practicable and must explain why the full 60 days could not be given. (dol.gov)

Faltering Company Exception (Plant Closings Only)

An employer may reduce the notice period if, at the time notice would have been required, the employer was actively seeking capital or business that, if obtained, would have allowed the employer to avoid or postpone the shutdown, and the employer reasonably and in good faith believed that giving notice would have negatively affected its ability to obtain the capital or business.

Unforeseeable Business Circumstances Exception

An employer may reduce the notice period if the closing or mass layoff was caused by business circumstances that were not reasonably foreseeable at the time notice would have been required. The test is whether a similarly situated employer exercising reasonable business judgment would have foreseen the circumstances.

Natural Disaster Exception

An employer may reduce the notice period if the closing or mass layoff was the direct result of a natural disaster such as a flood, earthquake, drought, storm, or similar event.

Penalties for WARN Act Violations

Employers that fail to provide the required 60-day notice face the following penalties:

Penalty Type Amount Paid To
Back pay Up to 60 days of wages and benefits for each day of the violation Affected employees
Civil penalty Up to $500 per day of the violation Unit of local government

Back pay liability is calculated at the higher of the employee’s average regular rate of pay during the last 3 years or the employee’s final regular rate of pay. The employer’s liability may be reduced by wages paid during the violation period, voluntary payments made to employees, and payments to employees under any legal obligation (such as severance under a collective bargaining agreement).

The civil penalty to the unit of local government may be avoided if the employer pays each affected employee the full amount owed within 3 weeks of the closing or layoff.

There is no administrative enforcement by the Department of Labor. Enforcement occurs exclusively through private lawsuits in U.S. District Courts. Courts may award reasonable attorney’s fees to the prevailing party. (dol.gov)

Events NOT Covered by WARN

The following situations are generally not covered by the federal WARN Act:

Closure of temporary facilities or completion of a project where employees were hired with the understanding that employment was temporary. Strikes and lockouts that are not intended to evade the Act’s requirements. Closure of a government facility. Layoffs of fewer than 50 employees. Layoffs of 50–499 employees that represent less than 33% of the workforce (unless 500+ employees are affected).

State Mini-WARN Acts — Complete Comparison Table

Several states have enacted their own layoff notification laws that expand on or supplement the federal WARN Act. These mini-WARN acts typically lower employer size thresholds, reduce the number of affected employees needed to trigger notice, extend notice periods, or add penalties beyond what federal law requires.

The following table compiles state mini-WARN acts that are currently in effect. States not listed rely exclusively on the federal WARN Act.

State Mini-WARN Acts — Complete Comparison (2026)

15 states with layoff notification laws that supplement or expand the federal WARN Act

State Act Name Employer Threshold Employee Trigger Notice Reloc. Key Differences from Federal WARN Citation
FederalWARN Act100+ FT50 (33%) or 500+60 daysNoFederal baseline — 29 U.S.C. § 2101 et seq.dol.gov
CaliforniaCal-WARN Act75+ (incl. PT)50+ in 30 days60 daysYesLower threshold (75 vs 100); includes PT; covers relocations 100+ mi; no unforeseeable circumstances exceptionCal. Labor Code §§ 1400–1408 — dir.ca.gov
DelawareDelaware WARN100+50+60 daysNoLargely mirrors federal WARNDel. Code tit. 19, § 1901 — delcode.delaware.gov
HawaiiDislocated Workers Act50+50+60 daysYesLower threshold (50 vs 100); requires continued health insurance 60 days post-layoffHaw. Rev. Stat. § 394B — capitol.hawaii.gov
IllinoisIL WARN Act75+ FT25+ FT or 250+60 daysYesMuch lower employee trigger (25 vs 50); covers relocations; $500/day civil penalty820 ILCS 65/ — ilga.gov
IowaIowa WARN provisions25+25+30 daysNoLowest thresholds (25/25); shorter notice (30 days vs 60)Iowa Code § 84C — legis.iowa.gov
MaineSeverance Pay Law100+100+ at single site90 DAYSYes90 days' notice; SEVERANCE 1 week/year of employmentMe. Rev. Stat. tit. 26, § 625-B — legislature.maine.gov
MarylandEconomic Stabilization Act50+25+60 daysYesLower thresholds; requires health benefit continuation; covers relocationsMd. Code §§ 11-301–304 — labor.maryland.gov
New HampshireNH WARN Act100+25+60 daysNoLower employee trigger (25 vs 50)N.H. Rev. Stat. § 275-F — nh.gov
New JerseyNJ WARN (2023)100+50+90 DAYSYes90 days' notice; SEVERANCE 1 week/year of service; no faltering company or unforeseeable exceptionsN.J.S.A. § 34:21-1 — nj.gov
New YorkNY WARN Act50+ FT25+ FT90 DAYSYes90 days; lower thresholds (50/25); covers relocations; must disclose AI use in layoff decisions (2025)N.Y. Lab. Law §§ 860–860-i — dol.ny.gov
OhioOhio WARN (2025)1+50+ in 7 days3 daysNoLowest employer threshold (1+); only 3 working days' notice; narrow scopeOhio Rev. Code § 4141.31 — com.ohio.gov
TennesseeTN WARN Act50–9950+60 daysNoFills the gap for employers with 50–99 employees not covered by federal WARNTenn. Code § 50-1-602 — tn.gov
VermontVT WARN Act50+50+45 daysNo45 days (shorter than federal); lower threshold; requires continuation pay21 V.S.A. § 414 — legislature.vermont.gov
WashingtonWA WARN (2025)100+50+60 daysYesCovers relocations; state enforcement mechanism + private lawsuitsWash. Rev. Code § 49.83 — lni.wa.gov
WisconsinBusiness Closing Law50+25+60 daysNoLower thresholds (50/25); covers business closings and mass layoffsWis. Stat. § 109.07 — dwd.wisconsin.gov

States not listed rely exclusively on the federal WARN Act (60 days, 100+ employees). Sources: individual state labor departments and legislatures as cited. Federal: U.S. DOL — WARN Compliance

States without a mini-WARN act rely exclusively on the federal WARN Act. Those states participate in the Department of Labor’s Rapid Response program, which coordinates services for dislocated workers through state workforce agencies. A directory of state rapid response coordinators is available at dol.gov.

Federal WARN vs. Key State Mini-WARN Acts — Quick Comparison

Feature Federal WARN California New York New Jersey Illinois
Employer threshold 100 FT employees 75 employees (incl. PT) 50 FT employees 100 employees 75 FT employees
Employee trigger 50 (33%) or 500+ 50 in 30 days 25 FT employees 50 employees 25 FT or 250+
Notice period 60 days 60 days 90 days 90 days 60 days
Covers relocations No Yes (100+ miles) Yes Yes Yes
Severance required No No No Yes (1 week/year) No
Faltering company exception Yes No Yes No Yes
Unforeseeable circumstances Yes No Yes No Yes
Enforcement Private lawsuit Private lawsuit + DIR Private lawsuit + DOL Private lawsuit + DOL Private lawsuit + IDOL

How to File a WARN Act Complaint

The federal WARN Act is enforced exclusively through private lawsuits filed in U.S. District Courts. The U.S. Department of Labor does not enforce WARN or accept complaints.

Employees, their representatives, or units of local government may bring individual or class action lawsuits against employers that fail to provide the required notice. Courts may award back pay, benefits, and reasonable attorney’s fees. (dol.gov)

For state mini-WARN acts, enforcement mechanisms vary by state. Some states allow enforcement through the state labor department in addition to private lawsuits. Contact the relevant state agency for filing procedures.

relevant state agency for filing procedures.

Federal Resources

DOL WARN Compliance Assistance  dol.gov/agencies/eta/layoffs/warn

DOL Employer’s Guide to WARN  dol.gov — Employer Guide (PDF) 

DOL Worker’s Guide to WARN dol.gov — Worker Guide (PDF)

DOL WARN FAQ dol.gov — FAQ

State Dislocated Worker Units  dol.gov/agencies/whd/state/contacts

Frequently Asked Questions

What is the WARN Act?

The Worker Adjustment and Retraining Notification (WARN) Act is a federal law that requires employers with 100 or more full-time employees to provide at least 60 calendar days’ advance written notice before a plant closing or mass layoff. The law is codified at 29 U.S.C. § 2101 et seq. (dol.gov)

Which employers are covered by the WARN Act?

The federal WARN Act covers private employers with 100 or more full-time employees, or 100 or more employees who work a combined total of at least 4,000 hours per week (excluding overtime). Government entities are not covered.

What triggers a WARN Act notice?

A WARN notice is triggered by a plant closing affecting 50 or more employees at a single site, or a mass layoff affecting at least 50 employees constituting 33% or more of the workforce (or 500+ employees regardless of percentage) during any 30-day period.

How much notice is required under the WARN Act?

Federal WARN requires a minimum of 60 calendar days’ advance written notice. Some states require longer notice periods. New York, New Jersey, and Maine each require 90 days’ notice under their state mini-WARN acts.

Are there exceptions to the 60-day notice requirement?

Three exceptions allow reduced notice: the faltering company exception (plant closings only, where the employer is actively seeking capital), the unforeseeable business circumstances exception, and the natural disaster exception. Even when an exception applies, the employer must provide as much notice as practicable and explain the reason for the shorter notice. (dol.gov)

What are the penalties for violating the WARN Act?

Employers that fail to provide the required notice may owe affected employees up to 60 days of back pay and benefits. Employers may also face a civil penalty of up to $500 per day payable to the unit of local government. Enforcement occurs through private lawsuits in U.S. District Courts.

Does the WARN Act apply to layoffs caused by COVID-19 or other emergencies?

The WARN Act does not have a blanket exception for pandemics. However, the unforeseeable business circumstances exception may apply if the layoff was caused by circumstances that were not reasonably foreseeable at the time notice would have been required. Each situation is evaluated case by case. (dol.gov)

Does the WARN Act require severance pay?

No. The federal WARN Act does not require employers to provide severance pay. However, some state mini-WARN acts do. New Jersey requires one week of severance pay per year of service for affected employees. Maine requires one week of severance pay per year of employment.

Does the WARN Act cover relocations?

The federal WARN Act does not specifically address relocations as a triggering event. However, if a relocation results in a plant closing at the original site, WARN notice is required. Several state mini-WARN acts — including California, New York, New Jersey, Illinois, and Maryland — specifically cover relocations as triggering events.

Which states have mini-WARN acts?

As of 2026, the following states have their own layoff notification laws that supplement or expand on the federal WARN Act: California, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, New Hampshire, New Jersey, New York, Ohio, Tennessee, Vermont, Washington, and Wisconsin. Requirements vary significantly by state.

Where are WARN Act complaints filed?

Federal WARN Act complaints are filed as private lawsuits in U.S. District Courts. The Department of Labor does not enforce the WARN Act and does not accept complaints. For state mini-WARN acts, complaints may be filed with the state labor department or through state courts, depending on the state’s enforcement mechanism.

Update History

March 2026: Initial publication. All URLs verified functional.

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This page compiles information from official government sources for general reference purposes. It does not constitute legal advice. Employment law is subject to legislative changes and judicial interpretation. For specific compliance questions, consultation with a licensed attorney. Last updated: March 2026.