A WARN notice is advance written notice of certain large layoffs or business closures. Under the federal Worker Adjustment and Retraining Notification (WARN) Act, covered employers generally must give at least 60 calendar days’ notice—but the law does not cover every employer or every job loss. Whether a notice is required depends on the employer, the worksite, the type and scale of the action, and any applicable state law.
What is a WARN notice?
A WARN notice tells workers and public officials that a covered plant closing or mass layoff is planned. The federal WARN Act is intended to give affected workers time to prepare for job loss and to help communities respond. It is a legal notice requirement, not a guarantee of severance, continued employment, or a particular financial recovery.
The federal baseline applies to employers with 100 or more employees, subject to statutory exclusions. In general, the employee count excludes people who have worked less than six months in the last 12 months and people who average fewer than 20 hours a week. Regular federal, state, local, and federally recognized tribal government entities providing public services are not covered under the federal rule described by the U.S. Department of Labor (DOL). Managers and supervisors can be protected employees, along with hourly and salaried workers. DOL: Plant Closings and Layoffs
How many employees have to be laid off for WARN to apply?
There is no single headcount that determines every case. Federal coverage depends on employer size, the event, the employment site, the number of affected employees, and whether their job losses meet the law’s definition of an employment loss. The thresholds below are a screening overview, not a decision about any specific layoff.
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Mass layoffs
At one employment site, a mass layoff generally meets the federal number threshold if either:
- 50 to 499 employees are affected during a 30-day period and they make up at least one-third of the site’s workforce; or
- 500 or more employees are affected during a 30-day period, regardless of the share of the workforce.
Certain employment losses over a 90-day period may be combined when applying the thresholds. Whether losses count, and whether they are related, depends on the statutory definitions and the circumstances.
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Plant closings
A plant closing can involve an entire employment site or one or more facilities or operating units within a site. The federal rule generally requires at least 50 affected employees for a covered closing, along with a qualifying employment loss. The details of what counts as a site, unit, or loss can matter.
Do I get 60 days’ notice if I am laid off?
Not automatically. The federal rule generally requires at least 60 calendar days’ advance written notice only when the employer and planned action meet WARN’s coverage rules. A smaller layoff, a short temporary layoff, or a layoff by an employer outside the federal coverage rules may not trigger federal WARN. State or local law may impose different or additional requirements.
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When workers are separated on different dates, DOL says the federal notice period is measured from the first individual termination in the relevant 30- or 90-day period. Employers may use a reasonable delivery method that ensures affected workers receive notice on time; routine preprinted notices included in paychecks or pay envelopes do not satisfy the rule.
Who receives the notice, and what does it say?
A covered employer normally sends notice to affected employees or their representatives, the state dislocated worker unit, and the chief elected official of the local government where the affected site is located. A public posting or state website entry is not a substitute for notice to affected workers.
For an individual worker without a representative, the notice should state whether the action is expected to be permanent or temporary, provide the expected start date and individual separation date, say whether bumping rights exist, and identify a company contact. Notices to representatives and government recipients have additional information requirements, including details about the site, separation schedule, affected jobs, and, where relevant, union representation. DOL: Plant Closings and Layoffs and the DOL Employment Law Guide explain federal notice obligations.
When can an employer give less than 60 days’ notice?
WARN has limited exceptions for a faltering company, unforeseeable business circumstances, or a natural disaster. These are not general waivers. When an exception permits a shorter period, the employer must still give notice as soon as practicable and explain why the notice period is shorter. Whether an exception applies is fact-specific. DOL: Plant Closings and Layoffs
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Does my state have a WARN Act?
It may. Federal WARN does not preempt other federal, state, or local notice requirements, and some states have their own plant-closure laws. State rules can differ in employer-size thresholds, which events trigger notice, how much notice is required, who receives it, and how the law is enforced. Because those rules depend on the worksite’s state, check that state’s current workforce-agency guidance and applicable law rather than assuming the federal thresholds are the whole answer.
| Question | Federal WARN baseline | State or local rules |
|---|---|---|
| Who is covered? | Generally employers with 100 or more employees, subject to statutory exclusions. | Varies by jurisdiction; check the current official rule for the worksite. |
| What action triggers notice? | A qualifying plant closing or mass layoff meeting federal definitions and thresholds. | May define covered events or thresholds differently. |
| How much notice? | Generally at least 60 calendar days, with limited exceptions. | May require additional or different notice. |
| Who must receive notice? | Affected workers or representatives, the state dislocated worker unit, and the local chief elected official. | Recipients and filing procedures vary. |
| How is it enforced? | Workers, their representatives, and local government units may bring an action in U.S. district court. | Enforcement mechanisms vary by jurisdiction. |
Where can I find my company’s WARN notice?
DOL does not maintain a national WARN notice database. Employers send notices to state dislocated worker units, and some states voluntarily publish notices online; publication practices and the information shown vary. Start with the workforce agency for the state where the affected worksite is located, or contact its Rapid Response coordinator. If a notice is not on a state website, that alone does not establish that no notice was filed. DOL: Plant Closings and Layoffs
What can I do if I was laid off without notice?
First, determine which worksite and jurisdiction apply, then compare what happened with the federal and state coverage rules. Keep the layoff announcement, any notice, separation documents, pay records, and communications with the employer. You can contact the relevant state workforce agency or Rapid Response coordinator for assistance locating notices and connecting with workforce services.
Workers, their representatives, and local government units may bring a WARN action in U.S. district court. DOL describes potential employee liability as back pay and benefits for the period of violation, up to 60 days, subject to statutory rules and possible reductions. A missing or late notice does not by itself establish that the employer violated WARN or guarantee a particular recovery. DOL provides compliance assistance but does not seek damages for workers. For advice about an individual claim, consult a qualified employment lawyer and review the official statute and regulations. DOL: Plant Closings and Layoffs and the DOL Employment Law Guide.
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