Federal Law

WARN Act

Worker Adjustment and Retraining Notification Act

29 U.S.C. §§ 2101-2109

Employer Size

100+

Filing Deadline

— days

Extended Deadline

— days

Filing Agency

Federal court

Overview

The Worker Adjustment and Retraining Notification (WARN) Act requires employers with 100 or more full-time employees to provide at least 60 calendar days advance written notice of a plant closing or mass layoff affecting 50 or more employees at a single site of employment. The notice must be provided to affected employees or their representatives, the state dislocated worker unit, and the appropriate local government. The WARN Act is enforced through private lawsuits in federal court; there is no administrative agency that processes WARN complaints. Many states have enacted their own mini-WARN Acts with lower thresholds and additional requirements.

Key Provisions

  • Requires 60 calendar days advance written notice before a plant closing or mass layoff
  • Notice must be provided to affected employees (or their union representatives), the state dislocated worker unit, and local government
  • Aggregation rule: separate employment actions within a 90-day period can be combined to meet the threshold
  • Three narrow exceptions: faltering company, unforeseeable business circumstances, and natural disaster
  • Many states have mini-WARN Acts with lower thresholds and additional requirements

Available Remedies

Back pay and benefits for each day of violation (up to 60 days)$500 per day civil penalty for failure to notify local government (up to 60 days)Attorney fees and court costs

Filing Information

Deadline

No administrative filing; private right of action in federal court (statute of limitations varies by state)

Agency

Federal court (private right of action)

Eligibility Notes

  • •Applies to employers with 100+ employees (excluding part-time workers who work fewer than 20 hours/week)
  • •Requires 60 days advance notice of mass layoffs or plant closings
  • •Mass layoff: 50+ employees at a single site if they constitute 33% of workforce, or 500+ employees at a single site regardless of percentage
  • •Plant closing: permanent or temporary shutdown of a single site resulting in 50+ employee job losses within a 30-day period
  • •Exceptions exist for faltering company, unforeseeable business circumstances, and natural disasters

Covers These Situations

mass layoffplant closingwrongful termination

Protected Characteristics

mass layoffplant closinglack of notice

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This information is provided for educational purposes only and does not constitute legal advice. Laws and regulations are subject to change. Consult a qualified employment attorney for advice about your specific situation. Last reviewed: February 2025.