The federal Worker Adjustment and Retraining Notification (WARN) Act requires employers with 100 or more employees to give 60 calendar days advance written notice of a plant closing or mass layoff. Failure to give notice makes the employer liable for back pay and benefits for each day of the shortfall, up to 60 days.
How much can I recover for a WARN violation?
You can recover back pay and the value of benefits for each day the employer fell short of the 60-day notice, capped at 60 days (or half the number of days you were employed, if less). The employer may also owe a civil penalty of up to $500 per day to the local government.
What is a 'mass layoff' under WARN?
A mass layoff is a reduction in force at a single site affecting either 500+ employees, or 50–499 employees if they make up at least 33% of the active workforce. A plant closing affecting 50+ employees also triggers WARN. Aggregation rules can combine smaller layoffs within 90 days.
Do states have their own WARN laws?
Yes. California, New York, New Jersey, and Illinois have 'mini-WARN' laws with lower employee thresholds (e.g., California covers 75+ employees) and sometimes longer notice periods (New York requires 90 days). State mini-WARN laws can apply even when federal WARN does not.