Mass Layoffs & the WARN Act

The federal Worker Adjustment and Retraining Notification (WARN) Act requires larger employers to give 60 days’ written notice before a plant closing or mass layoff. The notice gives workers time to find new jobs, get training and plan their finances.

Who’s covered

What triggers notice

EventFederal threshold (summary)
Plant closingShutting down a site or unit that causes 50 or more full-time employees to lose their jobs within 30 days
Mass layoffAt one site within 30 days: 500 or more full-time employees, or 50 to 499 if they make up at least one-third of the workforce

Layoffs over a 90-day period can sometimes be added together. Layoffs of more than 6 months and big cuts in hours can also count.

Exceptions

If notice isn’t given

Workers may be owed back pay and benefits for each day of violation, up to 60 days. WARN is enforced through federal courts, not by a government agency, so workers usually bring a lawsuit, often as a group. The U.S. Department of Labor publishes guides but doesn’t investigate WARN complaints.

State mini-WARN laws

Several states, including California, New York, New Jersey, Illinois and others, have their own laws that cover smaller employers, require longer notice (such as 90 days in New York and New Jersey) or add severance. Check your state labor department.

If you get a layoff notice

Standards & references

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