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The year 2025 marked significant growth in the adoption of "mini-WARN" acts — state statutes that expand upon the federal Worker Adjustment and Retraining Notification Act (WARN act). This year alone, two new states — Ohio and Washington — introduced their own mini-WARN acts. Meanwhile, states like California and New York increased the obligations on employers, requiring more comprehensive disclosures during layoffs. Notably, New York's new law mandates that employers disclose whether AI tools were used in layoff decisions.
As the year comes to a close, an unprecedented number of states now have mini-WARN laws in effect. These include California, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, New Hampshire, New Jersey, New York, Ohio, Tennessee, Vermont, Wisconsin and Washington.
Generally, under the federal WARN Act, employers with 100 or more employees (excluding part-time workers), or those with 100 or more employees who collectively work at least 4,000 hours per week, must provide advance notice of certain plant closings and mass layoffs. The act defines a plant closing as the permanent or temporary shutdown of a single site of employment that causes an employment loss for 50 or more employees during any 30-day period. It defines a mass layoff as a reduction in force (not resulting from a plant closing) that causes an employment loss at a single site for either (a) at least 50 employees constituting at least 33% of the active workforce, or (b) at least 500 employees (regardless of percentage) during any 30-day period. The Act currently requires employers to provide a 60-day notice.
Many states have turned to mini-WARN acts to fill perceived gaps in the federal WARN Act. In response to this national trend, Congress has introduced H.R. 5761. This proposed legislation would lower the threshold for triggering WARN requirements from 100 to 50 employees, include part-time workers in that calculation, and extend the required notice period from 60 to 90 days. Additionally, the act broadens the definition of "employment loss."
Currently, "employment loss" includes employees whose hours are reduced by more than 50% in each month over a six-month period; under H.R. 5761, this period would increase to nine months. The bill also establishes a clear four-year statute of limitations, which provides more predictability for employers, as companies previously relied on finding the most analogous state statute of limitations.
H.R. 5761 is still under consideration, but the momentum in the states suggests federal reform may be inevitable. With the continuing rise of mini-WARN legislation, employers should stay alert to both state and federal developments to maintain compliance.
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