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The WARN Act in plain language: 60 days’ notice and what it means for you

Under the federal WARN Act, an employer with 100 or more employees must give 60 days’ written notice before a plant closing or mass layoff. If it does not, it owes affected employees back pay and benefits for up to 60 days. Many states add rules of their own. Here is who is covered, what counts, when notice can be shorter, and where to see whether your employer has filed.

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The short answer

  • Covered employers must give written notice at least 60 days before a plant closing or mass layoff.(29 U.S.C. § 2102, 20 C.F.R. § 639.5)
  • It is not enough for a layoff to happen at a big company. The cut has to hit the thresholds at a single site: 50 or more people in a plant closing, or a mass layoff of at least 33% of the site and at least 50 people, or 500 or more.(29 U.S.C. § 2101)
  • Notice goes to you or your representative, to the state, and to your local government.(29 U.S.C. § 2102, 20 C.F.R. § 639.5)
  • If the employer skips notice it owes back pay and benefits for up to 60 days. A court will not stop the layoff.(29 U.S.C. § 2104)
See who has filed a noticeFree, every state we can read, with each state’s own record linked.

Who is covered, and what counts

The employer
An employer is covered if it has 100 or more employees, not counting part-time employees, or 100 or more employees who together work at least 4,000 hours a week, not counting overtime.(29 U.S.C. § 2101)
A plant closing
A plant closing is a permanent or temporary shutdown of a single site, or of operating units within it, that costs 50 or more employees their jobs during any 30-day period, not counting part-time employees.(29 U.S.C. § 2101)
A mass layoff
A mass layoff is a reduction in force that is not a plant closing and costs, at a single site in any 30-day period, at least 33% of the employees and at least 50 employees, or at least 500 employees.(29 U.S.C. § 2101)
Part-time employees
For the counts above, a part-time employee averages fewer than 20 hours a week or has worked fewer than 6 of the 12 months before notice is due.(29 U.S.C. § 2101)
An employment loss
An employment loss is a firing other than for cause, a layoff of more than 6 months, or a cut in hours of more than 50% in each month of a 6-month period. A voluntary departure or retirement is not an employment loss.(29 U.S.C. § 2101)
Cuts that add up
Smaller cuts at one site in a 90-day period that add up past the threshold count together, unless the employer shows they came from separate causes and were not meant to avoid the Act.(29 U.S.C. § 2102)
Sales and transfers
In a sale of a business, the seller gives notice up to the sale and the buyer after it; the seller’s employees who are not part-time become the buyer’s employees at the sale. A closing or layoff is not an employment loss if, before it, the employer offers a transfer within reasonable commuting distance, or anywhere with no more than a 6-month break, and for a distant offer the employee accepts within 30 days.(29 U.S.C. § 2101)

What the notice has to say, and when it can be late

The notice must be specific. Written notice to an employee with no representative must give a company contact, say whether the action is permanent or temporary, and give the start date and the employee’s own separation date.(20 C.F.R. § 639.7)

Notice can be shorter in three cases: a faltering company (plant closings only) actively seeking money that notice would have cost it, an unforeseeable business circumstance, or a natural disaster. The employer must still give as much notice as practicable and a short statement of why, and it must prove the exception applies. Courts and the rules read each one narrowly.(29 U.S.C. § 2102, 20 C.F.R. § 639.9)

What an employer owes if it skips notice

An employer that skips required notice owes each affected employee back pay for each day of the violation, up to 60 days, plus the benefits they would have had, including medical expenses. Employees, their representatives and local governments may sue in federal court, and a court may award attorney’s fees. Liability can be reduced for good faith and for pay the employer actually made.(29 U.S.C. § 2104)

An employer that does not notify the local government can face a civil penalty of up to $500 a day, which does not apply if it pays each employee within 3 weeks of ordering the shutdown or layoff.(29 U.S.C. § 2104)

Federal courts enforce the Act: the Department of Labor’s own page says the federal court solely enforces it. A federal court cannot stop a plant closing or mass layoff under the Act, and the remedies in the Act are the only ones it provides.(U.S. Department of Labor, WARN Act compliance assistance, 29 U.S.C. § 2104)

Five states go further

States can cover smaller employers, require longer notice or add pay. These five were read from the state’s own pages and are summarized with their sources. Other states have laws too; they are not listed because we have not sourced them yet, so check your state labor department.

Federal WARN Act and five state laws compared
LawCovered employerNoticeMass layoff and extras
Federal WARN Act100 or more employees (not counting part-time), or 100 or more working 4,000 hours a week60 daysAt least 500 at a site, or 33% and at least 50
California75 or more employees in the preceding 12 months60 days50 or more in 30 days; also closures and relocations of 100 miles or more
New Jersey100 or more employees (amended April 10, 2023)90 days50 or more at a worksite; severance of one week per full year if notice is short
New York50 or more full-time employees in the state90 days25 or more full-time and 33% of the site, or 250 or more
Illinois75 or more full-time employees60 days25 or more full-time and one third of the site, or 250 or more
Washington50 or more employees in the state (since July 27, 2025)60 days50 or more in 30 days

  • California

    Employers with 75 or more full- and part-time employees in the preceding 12 months, for a mass layoff of 50 or more employees in a 30-day period, a plant closure or a relocation. Written notice at least 60 days ahead to affected employees, the Employment Development Department, the local workforce area and the local chief elected official.(California EDD, Worker Adjustment and Retraining Notification)

    How it differs: Lower employer size (75, counting part-time) and it covers relocations of at least 100 miles. From 2026 the notice must say how the employer will support laid-off workers.

    California layoff notices on file

  • New Jersey

    Since the April 10, 2023 amendment, employers with 100 or more employees must give 90 days’ notice, and a mass layoff is 50 or more workers at a worksite. An employer that gives less notice owes each affected employee one week of pay for each full year of service, and four more weeks if notice is short.(New Jersey WARN Act, 2023 amended text, NJ Business Services, important updates to employee rights under New Jersey WARN law)

    How it differs: Longer notice (90 days) and mandatory severance pay, neither of which the federal Act has.

    Check: Some New Jersey Department of Labor pages still describe the earlier 60-day rule. This summary follows the amended statute text. Amendments after those pages were published were not checked.

    New Jersey layoff notices on file

  • New York

    Private employers with 50 or more full-time employees in the state must give 90 days’ notice of a plant closing or mass layoff. A mass layoff is at least 25 full-time employees who are at least 33% of the site, or at least 250 employees. Notice goes to affected employees, their representatives, the Department of Labor and local workforce boards.(New York State Department of Labor, Worker Adjustment and Retraining Notification, New York State Department of Labor, WARN Act fact sheet)

    How it differs: Lower employer size (50) and longer notice (90 days), with lower mass-layoff counts.

    Check: The Department’s public pages count full-time employees; its regulation and the State Comptroller’s audit also describe an aggregate-hours test. Check the regulation text for a specific case.

    New York layoff notices on file

  • Illinois

    Employers with 75 or more full-time employees (or 75 or more employees working at least 4,000 hours a week) must give 60 days’ written notice to affected employees, their representatives, the Department of Commerce and Economic Opportunity and the local chief elected official. A mass layoff is 25 or more full-time employees who are at least one third of the site, or 250 or more.(Illinois Department of Labor, Worker Adjustment and Retraining Notification Act, Illinois Compiled Statutes, WARN Act)

    How it differs: Lower employer size (75) and lower mass-layoff counts than the federal 500.

    Illinois layoff notices on file

  • Washington

    Since July 27, 2025, an employer of 50 or more employees in Washington may not order a business closing or a mass layoff of 50 or more employees in a 30-day period until 60 days after written notice to the Employment Security Department and to the affected employees or their representative. The penalty is up to $500 a day, avoidable by paying each employee within three weeks.(Washington Employment Security Department, "Washington state expands federal WARN Act requirements and penalties")

    How it differs: Lower employer size (50), and the notice to the state must include each affected employee’s address.

    Check: A second Washington bill (HB 1313) proposed a state WARN Act with extra requirements; whether it passed was not confirmed.

    Washington layoff notices on file

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Questions

What is a WARN notice?

A WARN notice is the written warning an employer must give before a plant closing or mass layoff under the federal Worker Adjustment and Retraining Notification Act. It goes to the affected employees or their representative, to the state, and to the local government at least 60 days ahead. States publish the notices they receive, which is where the layoff tracker on this site gets them.

Does my employer have to give 60 days’ notice?

Only if the federal Act covers the employer and the layoff is big enough. The employer needs 100 or more employees, not counting part-time employees. The event has to be a plant closing (50 or more employees lose their jobs at one site in 30 days) or a mass layoff (at least 33% of the site and at least 50 employees, or at least 500 employees). A smaller layoff can still be covered by a state law with lower thresholds, or by the 90-day rule that adds up smaller cuts.

Do I get paid during the 60 days?

The Act requires notice, not pay during the notice period. An employer that skips required notice owes each affected employee back pay for each day of the violation, up to 60 days, plus the benefits they would have had. The rules we read do not say whether pay instead of notice satisfies the Act, so ask your state labor department or a lawyer if that is what you were offered.

Can an employer give less than 60 days’ notice?

In three cases: a faltering company (plant closings only) that was actively seeking money and reasonably believed notice would have cost it that money, an unforeseeable business circumstance, or a natural disaster. The employer must prove the exception applies, still give as much notice as practicable, and say briefly why notice was short. Courts and the rules read each exception narrowly.

Can a WARN notice stop my layoff?

No. A federal court cannot stop a plant closing or mass layoff under the Act, and the remedies in the Act, back pay, benefits and fees, are the only ones it provides. Employees, their representatives and local governments sue in federal court for what the employer owes.

What if I work part-time or have worked there under six months?

Part-time employees, defined as averaging under 20 hours a week or working fewer than 6 of the 12 months before notice is due, are not counted when deciding whether a layoff is big enough. The sources we read do not settle every question about part-time workers’ own rights, so ask your state labor department or a lawyer about your case.

My state has its own law. Which one applies?

Both can apply. Several states cover smaller employers or require more notice than the federal Act. Five states are summarized below with their own sources; for any other state, start at your state labor department. The federal rule applies in every state.

Where can I see whether my employer filed a notice?

Each state publishes its own list. This site collects them: search the layoff tracker, open your state’s page, or open the employer’s page if it has filed. A state may publish late or leave out worker counts, so no notice on file does not mean no layoff.

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Sources

Every rule on this page was read from the sources below on October 27, 2026. The federal text is the Legal Information Institute’s copy of the official law and regulations. Laws change and a short summary leaves things out, so read the linked text, or ask your state labor department or a lawyer, before you rely on it for a decision.