WARN Act: Worker Adjustment and Retraining Notification
The WARN Act (Worker Adjustment and Retraining Notification Act) is a federal law requiring employers to provide 60 days advance notice of plant closings and mass layoffs.
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Search WARN DatabaseWhat is the WARN Act?
The Worker Adjustment and Retraining Notification (WARN) Act is a federal law passed in 1988 that protects workers, their families, and communities by requiring employers to provide advance notice of significant layoffs or plant closures.
Under the WARN Act, covered employers must provide at least 60 calendar days advance written notice before conducting a plant closing or mass layoff. This notice period gives workers time to prepare, seek new employment, or access retraining programs.
Key Requirements
- 60 days advance written notice required
- Applies to plant closings and mass layoffs
- Notice must go to affected workers, state agencies, and local officials
- Failure to comply can result in penalties and back pay liability
Who Does the WARN Act Cover?
The WARN Act applies to employers that meet specific size thresholds:
Covered Employers
- Employers with 100 or more full-time employees
- OR employers with 100+ employees who work a combined 4,000+ hours per week (excluding overtime)
- Private, for-profit businesses
- Private, nonprofit organizations
Not Covered
- Federal government employers
- State and local government employers
- Employers with fewer than 100 employees
What Triggers a WARN Notice?
Employers must provide WARN Act notice when any of the following events occur:
| Event Type | Threshold | Description |
|---|---|---|
| Plant Closing | 50+ employees | Permanent or temporary shutdown of a single site affecting 50 or more employees |
| Mass Layoff | 50+ employees (33%+ of workforce) | Reduction in force affecting at least 50 employees AND at least 33% of the workforce |
| Large Mass Layoff | 500+ employees | Layoff affecting 500 or more employees, regardless of workforce percentage |
Note: These thresholds apply to layoffs occurring within a 30-day period. Multiple smaller layoffs within 90 days may be aggregated if they appear designed to evade WARN requirements.
60-Day Layoff Notice Requirement
The WARN Act requires 60 calendar days advance written notice before a plant closing or mass layoff takes effect. This is the required notice for layoffs under federal law, though several states mandate longer notice periods.
Who Must Receive Notice?
- Affected Workers: Each affected employee or their union representatives
- State Dislocated Worker Unit: The state's rapid response team
- Local Government: The chief elected official of the local government where the layoff will occur
What Does a WARN Letter to Employees Include?
A WARN letter to employees must contain specific information required by law:
- The name and address of the employment site where the layoff or closure will occur
- Whether the action is a plant closing or mass layoff, and whether it is expected to be permanent or temporary
- The expected date of the first separation and the anticipated schedule for subsequent separations
- The job titles of positions to be affected and the names of workers in those jobs
- Contact information for a company official to reach for further information
Exceptions to the 60-Day Layoff Notice Requirement
Shorter notice may be permitted in limited circumstances:
- Faltering Company: Employer actively seeking capital that would avoid layoffs
- Unforeseeable Business Circumstances: Sudden, unexpected business changes
- Natural Disaster: Flooding, earthquake, or other natural disasters
Even with exceptions, employers must provide as much notice as practicable.
State WARN Acts — Stronger Protections
Many states have enacted their own WARN laws that provide additional protections beyond federal requirements. These state laws may cover smaller employers, require longer notice periods, or include additional triggering events.
| State | Employee Threshold | Notice Required | Key Differences |
|---|---|---|---|
| California | 75+ employees | 60 days | Also covers relocations; applies to more employers |
| New York | 50+ employees | 90 days | Lower threshold; longer notice period |
| New Jersey | 100+ employees | 90 days | Longer notice period; severance pay required |
| Illinois | 75+ employees | 60 days | Lower employee threshold than federal law |
| Texas | 100+ employees | 60 days | Follows federal WARN requirements |
| Pennsylvania | 100+ employees | 60 days | Follows federal WARN requirements |
| Washington | 100+ employees | 60 days | Follows federal WARN requirements |
| Massachusetts | 50+ employees | 90 days | Lower threshold; longer notice period |
What Happens if Employers Violate the WARN Act?
Employers who fail to provide required WARN Act notice may face significant penalties and liability:
Back Pay Liability
Employees may recover up to 60 days of wages and benefits for each day of failed notice, minus wages paid during the violation period.
Benefits Continuation
Employers may be liable for the cost of medical expenses and benefits that would have been covered during the notice period.
Civil Penalties
Employers face penalties of up to $500 per day for failure to notify local government officials as required.
Legal Remedies
If you believe your employer violated the WARN Act by failing to provide adequate notice, you may have legal recourse. Workers can file a lawsuit in federal district court to recover back pay and benefits. Consult with an employment attorney to understand your rights and options.
Were You Affected by a Layoff?
Get a free consultation with employment attorneys who specialize in severance negotiations and WARN Act violations. Most employees don't realize their severance is negotiable.
How to Check for WARN Notices
Are WARN Notices Public Record?
Yes, WARN notices are public records. When employers file WARN notices with state agencies, this information becomes available to the public. States maintain databases of filed notices, which we aggregate into our searchable database. Anyone can look up WARN Act filings to see which companies have announced upcoming layoffs or plant closures in their area.
Search Our WARN Notice Database
We collect and organize WARN notices from state labor departments across the country. Our database is updated daily with the latest filings.
- Search by company name to find specific employers
- Browse by state to see regional layoff activity
- View recent notices to track the latest filings