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Delaware WARN Act: who is covered and how much notice

Delaware has its own layoff notice law on top of the federal WARN Act. This is what it says, read from the state’s own pages as of 2026-10-27, with the sources.

The rule

Businesses with 100 or more employees, not counting part-time employees (or 100 or more employees working at least 2,000 hours a week combined); governments, school districts and charter schools are excluded. Written notice at least 60 days ahead of a plant closing (50 or more employees), a mass layoff (50 or more at a site if they are 33% of its workforce, or 500 or more) or a relocation of all or substantially all operations 50 or more miles away. It goes to the affected employees and their representatives, the Department of Labor’s WARN Act Administrator and the local workforce development board.

How it differs from the federal rule

It covers relocations 50 or more miles away, and the notice must list each planned dislocated worker’s name, job title, home address, phone and email, with general information on payouts, severance, relocation and retirement options. An employer that skips notice owes each employee back pay and the value of benefits for up to 60 days or half the days employed, whichever is smaller.

Check: Sections 1901 to 1905 and 1909 were read. Section 1910, section 1911 and part of section 1909 were not.

This is general information, not legal advice. The federal WARN Act applies in every state as well; see the WARN Act in plain language.

Sources

Delaware WARN Act questions

Does Delaware have its own WARN Act?
Yes. Businesses with 100 or more employees, not counting part-time employees (or 100 or more employees working at least 2,000 hours a week combined); governments, school districts and charter schools are excluded. Written notice at least 60 days ahead of a plant closing (50 or more employees), a mass layoff (50 or more at a site if they are 33% of its workforce, or 500 or more) or a relocation of all or substantially all operations 50 or more miles away. It goes to the affected employees and their representatives, the Department of Labor’s WARN Act Administrator and the local workforce development board.
How is Delaware's rule different from the federal WARN Act?
It covers relocations 50 or more miles away, and the notice must list each planned dislocated worker’s name, job title, home address, phone and email, with general information on payouts, severance, relocation and retirement options. An employer that skips notice owes each employee back pay and the value of benefits for up to 60 days or half the days employed, whichever is smaller.
How many days of notice does Delaware require?
60 days is the longest notice period the state's law sets for the employer's notice. The federal Act requires 60 days, and the federal rule applies in every state.

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