The federal Worker Adjustment and Retraining Notification Act, known as the WARN Act, requires employers with more than 100 employees to provide 60-days' advance notice of plant closures affecting 50 or more employees at a single site of employment and "mass layoffs" as defined in the Act. The WARN Act, passed in 1988, was intended to protect workers and their families by allowing impacted employees time to prepare for the transition of employment. Since WARN's passage, many states have adopted "little" or "mini" WARN acts establishing state-specific requirements when a qualifying plant closure or layoff is set to occur. Many of these state statutes have triggering numbers as to covered closings or layoffs less than those of the federal WARN statute to provide additional notice or otherwise expand employer requirements.
On July 1, 2025, Ohio Governor Mike DeWine signed House Bill No. 96, which introduced a new mini-WARN statute that will require Ohio employers to provide 60-days' advance notice where a qualifying plant closure or mass layoff is scheduled to take place. Ohio Revised Code §4113.31, which codifies the new law, is set to take effect on September 29, 2025. For the text of House Bill No. 96, including the full text of R.C. §4113.31, please click here.
Ohio WARN applies to employers that (1) employ at least 100 employees who collectively work a minimum of 4,000 hours each week; and (2) conduct a plant closing or lay off 50 or more employees at a single site of employment within a 30-day period. The contents of the requisite written notice depend on whether the impacted employees are represented by an authorized representative (i.e. a union) or not.
Where impacted employees have an authorized representative, the WARN notice must be provided to said authorized representatives and contain:
- The location of the facility affected by the plant closure or mass layoff;
- A "detailed statement" explaining the reason for the plant closure or mass layoff and whether it will be permanent or temporary;
- The expected date of the closure/ layoff and anticipated last date of employment for affected employees; and
- The total number of employees affected by the plant closure or mass layoff, including the employees' job titles or positions, and any department or division impacted by the closure or layoff.
Where impacted employees do not have an authorized representative, the WARN notice must be provided to the employees and contain:
- A "detailed statement" explaining the reason for the plant closure or mass layoff and whether it will be permanent or temporary;
- The expected date of the closure/layoff and anticipated last date of employment for affected employees; and
- An indication as to whether affected employees have bumping rights or other reemployment rights under a collective bargaining agreement or a company policy, as well as procedures for exercising those rights;
- Information on how employees may access unemployment insurance benefits and other assistance programs;
- The name, title, and contact information of an employer representative who will be able to answer questions regarding the plant closure/mass layoff; and
- Information about any available services for affected employees such as job placement assistance, retraining programs, or counseling services.
Ohio employers must also provide notice of the closure or mass layoff to the Director of Job and Family Services and to the chief elected official of the municipal corporation and the county where the plant closure or mass layoff will occur. This notice must contain:
- A "detailed statement" explaining the reason for the plant closure or mass layoff;
- A description of action taken or planned by the employer to mitigate the impact of the plant closure or mass layoff, including efforts to secure alternative employment or training for impacted employees;
- The total number of employees affected by the plant closure or mass layoff, and a list of the affected employee's job titles/positions, and any department or division impacted by the closure or layoff; and
- A copy of the notice provided to the affected employees or their representatives.
Failure to comply with Ohio WARN could be a costly endeavor, as Ohio WARN incorporates the penalties set forth in federal WARN. This includes wages and benefits for each day of violation and penalties up to $500 for each day of violation.
Unfortunately, there are ambiguities that Ohio employers must be aware of when preparing for R.C. §4113.31 implementation. Ohio WARN states that it "do[es] not establish a different standard than that established by federal statutes and regulations" and incorporates the definitions of "employer," "mass layoff," and "plant closure" as they are set forth in federal WARN. However, while Ohio WARN purportedly adopts federal WARN's definition of the term "mass layoff," the statute goes on to state that employers must provide WARN notice when the employer lays off "fifty or more employees at a single site of employment during any thirty-day period." Under federal WARN, notice is only required for a "mass layoff" when the employer lays off 50 or more full-time employees at a single site of employment within a 30-day period and the total number of those laid-off employees equals 33% or more of the total amount of employees at the site of employment. How this inconsistency will be reconciled remains to be seen.
Ohio's mini-WARN statute also does not address the federal WARN Act's requirement to aggregate multiple layoffs at the same job site within a 90-day period to review the thresholds to trigger notice. Here too we will wait and see if the 90-day aggregation requirement under federal law applies to the new state law as well.
Employers preparing for or considering a mass layoff or reduction in force should take immediate action to ensure they meet the requirements of Ohio WARN.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
