fbpx

What is the WARN Act?

  • Home
  • /
  • What is the WARN Act?

WARN helps ensure advance notice in cases of qualified plant closings and mass layoffs. The U.S. Department of Labor has issued compliance assistance materials to help workers and employers understand their rights and responsibilities under the provisions of WARN.

The WARN ACT GUIDE

WARN ACT Overview

Most states do not have their own layoff notice laws, but do operate rapid response offices to help enforce the federal WARN Act. Seven (7) states have enacted layoff notice laws similar to the WARN Act. The table below outlines each state’s WARN requirements and a link to the state department responsible for receiving WARN notices and dealing with WARN Act issue.

SAMPLE LETTERS – These are SAMPLES ONLY and may not fit your situation. Read them along with the requirements by your state and the federal government to determine of what you are required to notify your workers and other parties.

WARN sample_letter_collective_bargaining_representative

WARN sample_letter_to_state_municipal_official

WARN sample_letter_to_employee

State State WARN Law Requirements
Alabama No Same as the federal requirements.
Alaska No Same as the federal requirements.
Arizona No Same as the federal requirements.
Arkansas No Same as the federal requirements.
California Yes Applies to employers with 75 or more full or part-time employees where 50 or more employees are to be laid off due to a plant closing, mass layoff, or relocation of the employer’s business.  Unlike the federal law, there is no requirement that the number of employees to be laid off constitute a certain percentage of the employer’s workforce.  Relocation is defined as a move to a different location more than 100 miles from the prior location.
Colorado No Same as the federal requirements.
Connecticut No Same as the federal requirements.
Delaware No Same as the federal requirements.
District of Columbia No Same as the federal requirements.
Florida No Same as the federal requirements.
Georgia No Same as the federal requirements.
Hawaii No Same as the federal requirements.
Idaho No Same as the federal requirements.
Illinois Yes Applies to employers with 75 or more full-time employees when:
– 25 or more full-time employees are laid off if they constitute one-third or more of the full-time employees at the site, or
– 250 or more full-time employees are laid off
Indiana No Same as the federal requirements.
Iowa No Same as the federal requirements.
Kansas No Same as the federal requirements.
Kentucky No Same as the federal requirements.
Louisiana No Same as the federal requirements.
Maine No Same as the federal requirements.
Maryland Yes Maryland’s version of WARN, the Maryland Economic Stabilization Act, is voluntary and applies to employers in the industrial, commercial, and business industries with 50 or more employees.  Otherwise, an employer must comply with the federal requirements.
Massachusetts No Same as the federal requirements.
Michigan No Same as the federal requirements.
Minnesota No Same as the federal requirements.
Mississippi No Same as the federal requirements.
Missouri No Same as the federal requirements.
Montana No Same as the federal requirements.
Nebraska No Same as the federal requirements.
Nevada No Same as the federal requirements.
New Hampshire No Same as the federal requirements.
New Jersey Yes Applies to employers who have been in business at least three years and have at least 100 employees.  It applies in situations where a covered employer:
– transfers or terminates its operations during any continuous period of 30 days which results in the termination of employment of 50 or more full-time employees, or
– conducts a mass layoff that results in an employment loss during any 30 day period of:
500 or more full-time employees, or
50 or more full-time employees representing one third or more of the full-time employees at the establishment
New Mexico No Same as the federal requirements.
New York Yes Applies to private employers with 50 or more workers who layoff at least 25 employees.
North Carolina No Same as the federal requirements.
North Dakota No Same as the federal requirements.
Ohio No Same as the federal requirements.
Oklahoma No Same as the federal requirements.
Oregon No Same as the federal requirements.
Pennsylvania No Same as the federal requirements.
Rhode Island No Same as the federal requirements.
South Carolina No Same as the federal requirements.
South Dakota No Same as the federal requirements.
Tennessee Yes Applies to employers with 50 or more employees, instead of the 100 required by the federal law.  All other federal requirements apply.
Texas No Same as the federal requirements.
Utah No Same as the federal requirements.
Vermont No Same as the federal requirements.
Virginia No Same as the federal requirements.
Washington No Same as the federal requirements.
West Virginia No Same as the federal requirements.
Wisconsin Yes Applies to employers with 50 or more employees.
Wyoming No Same as the federal requirements.

December 2018

Log in or Register to save this content for later.
>