Definition
A federal law requiring employers with 100 or more employees to provide at least 60 calendar days' advance written notice before plant closings or mass layoffs affecting 50 or more employees at a single site.
UK Context
Best Practices
- Monitor cumulative layoffs within 30-day and 90-day windows to identify when WARN thresholds are triggered
- Provide written WARN notices to all required parties — affected employees, union representatives, state agencies, and local government officials
- Consult legal counsel before any reduction in force to assess WARN applicability and explore exceptions
- Comply with both federal and state WARN requirements, applying the more protective standard
Frequently Asked Questions
When is WARN notice required?
WARN notice is required when an employer with 100+ employees plans a plant closing affecting 50+ employees or a mass layoff affecting 50+ employees (if one-third of the workforce) or 500+ employees at a single site. Notice must be given at least 60 days before the action.
What happens if an employer fails to provide WARN notice?
The employer may be liable for up to 60 days of back pay and benefits to each affected employee, plus civil penalties of up to $500 per day to the local government. Employees can file suit in federal court to recover these damages.
Are there exceptions to the 60-day WARN notice requirement?
Yes. The faltering company exception applies when a company is actively seeking capital and believes notice would prevent obtaining it. The unforeseeable business circumstances exception covers sudden, dramatic, and unexpected events. The natural disaster exception covers events like earthquakes and floods. In all cases, employers must still provide as much notice as practicable.