The WARN Act (Worker Adjustment and Retraining Notification Act) is a US federal law that makes employers with 100 or more employees give workers 60 calendar days' written notice before a plant closing or mass layoff. If a covered employer skips the notice, each affected worker can claim back pay and benefits for up to 60 days.
This guide covers the federal WARN Act only, using the US Department of Labor's own guidance: its WARN page, its Employment Law Guide and its Worker's Guide. Some states have stricter laws, covered briefly below. This is general information, not legal advice.
If you've already lost your job, our guide to what to do when you get laid off covers benefits, health cover and money in the first month.
The WARN Act at a glance
| Question | Answer from the Department of Labor |
|---|---|
| Which employers? | Generally 100 or more employees, not counting those with under 6 months in the last 12 months or working under 20 hours a week. Or 100+ employees, including part-timers, who together work at least 4,000 hours a week |
| Which events? | Plant closings and mass layoffs |
| How much notice? | 60 calendar days, in writing |
| Who gets notice? | Affected workers (or their union), the state dislocated worker unit, and the chief elected official of the local government |
| Exceptions? | Faltering company, unforeseeable business circumstances, natural disaster; temporary facilities and completed projects aren't covered |
| Penalty? | Back pay and benefits for each affected worker for the period of violation, up to 60 days; up to $500 a day civil penalty for not notifying local government |
| Who enforces? | Workers, their representatives and local governments, in the US District Courts. The Department of Labor has no enforcement role |
What is the WARN Act?
It's a 1988 law, in force since 4 February 1989, that gives workers advance warning of large job losses so they have time to look for work or retrain. The Department of Labor's Worker's Guide says Congress passed it "to provide workers with sufficient time to seek other employment or retraining opportunities".
The law is at 29 U.S.C. § 2101 and the regulations at 20 CFR Part 639. The Department's guides are overviews; they aren't official interpretations.
Got a WARN notice? Use the 60 days to prepare
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Which employers does the WARN Act cover?
Generally, private for-profit businesses, private non-profits and quasi-public bodies with 100 or more employees, counted as the Employment Law Guide sets out:
- 100 or more employees, not counting people who've worked under 6 months in the last 12 months or who work under 20 hours a week; or
- 100 or more employees, including part-timers, who together work at least 4,000 hours a week (excluding overtime).
Regular federal, state and local government entities that provide public services are not covered. Managers, supervisors, and hourly and salaried workers are all entitled to notice.
What counts as a mass layoff or plant closing under WARN?
Notice is triggered by either event at a "single site of employment".
Plant closing: the employer shuts down a site, or a facility or operating unit within it, and at least 50 full-time workers lose their jobs.
Mass layoff: a reduction that isn't a closing, where within a 30-day period at one site:
- 50 to 499 full-time workers lose their jobs and they make up at least 33% of the site's full-time workforce; or
- 500 or more full-time workers lose their jobs (the 33% test doesn't apply).
Separate smaller layoffs within a 90-day period can sometimes be added together to reach these numbers.
What counts as losing your job ("employment loss")? According to the Worker's Guide, any of:
- You're terminated, unless you quit, retire or are "discharged for cause"
- You're laid off for more than 6 months
- Your hours are cut by more than half in each month of a 6-month period
A temporary layoff of 6 months or less isn't an employment loss, so it doesn't trigger WARN. If your employer offers you a transfer within a reasonable commuting distance, that generally isn't an employment loss either, whether or not you take it.
Who is not protected by the WARN Act?
The Worker's Guide lists:
- Strikers, and workers locked out in a labour dispute
- Workers hired for a temporary project or facility who understood it was temporary when hired
- Business partners, consultants, and contract workers employed and paid by another firm, or self-employed
- Regular federal, state and local government employees
Part-time workers don't count towards the thresholds, but they are still entitled to notice if a covered event happens. So are workers on leave (medical, maternity, workers' compensation) who expect to return.
What must a WARN notice say?
Your individual written notice must include, per the Worker's Guide:
- Whether the layoff or closing is permanent, or temporary for 6 months or less
- The expected date of the layoff or closing and your separation date (an employer can give a 14-day window, with notice 60 days before the first day of it)
- Whether bumping rights exist
- The name and contact details of someone at the company who can answer questions
If notice is shorter than 60 days because of an exception, it must also explain why.
If a union represents you, the employer gives notice to the union instead, and the union decides how to tell you.
What doesn't count as notice: a verbal announcement at a staff meeting, preprinted notices routinely included with pay, or a press release.
If the date moves: if a layoff is postponed by less than 60 days, the employer should give additional notice as soon as possible. If it's postponed by 60 days or more, you must get a new WARN notice.
What are the exceptions to the 60-day notice?
There are three exceptions that allow shorter notice. Notice must still be given as soon as practicable, with the reason for the shortfall.
| Exception | What it means |
|---|---|
| Faltering company | Before a plant closing, the company was actively seeking money or business that would have avoided or postponed it, and reasonably believed notice would hurt that effort |
| Unforeseeable business circumstances | Something sudden, dramatic and outside the employer's control, such as an unexpected cancellation of a major order |
| Natural disaster | The closing or layoff is a direct result of a flood, earthquake, storm, drought or similar |
Separately, WARN doesn't apply to closing a temporary facility, or to ending the jobs of people hired only for a specific project once it's finished.
What happens if a company is sold or goes bankrupt?
Sale: the seller must give notice for a closing or layoff that happens up to and including the sale date; the buyer is responsible after that. The technical switch from seller to buyer doesn't itself trigger WARN.
Bankruptcy: WARN can still apply, for example if the employer knew about the closing before filing or keeps running the business in bankruptcy. It generally doesn't apply where a trustee is simply liquidating the business. Claims then go to the Bankruptcy Court.
Can an employer pay you instead of giving WARN notice?
The law doesn't provide for pay in place of notice, so it's technically a violation. But because the penalty is back pay and benefits for up to 60 days, an employer that pays you for the 60 days has generally already met the penalty, according to the Worker's Guide.
Some severance can offset what an employer owes under WARN, if it's voluntary and unconditional. Payments the employer already had to make under a contract or policy don't reduce it.
What can you do if you didn't get WARN notice?
You may be able to claim back pay and benefits for each day of the violation, up to 60 days, reduced by any notice you did get and any voluntary payments.
- Write down the facts: your site, the date you were told, how you were told, your last day, and roughly how many people lost their jobs at your site and when.
- Keep every document: emails, letters, any severance agreement and your payslips.
- Read any release before signing it. You can't be required to waive your right to WARN notice. But if you sign a release voluntarily in exchange for something of value, such as extra severance, you may give up WARN and other claims. Our guide on how to negotiate severance explains what to check.
- Talk to an employment lawyer or your union. WARN is enforced only through the federal courts. Workers can sue individually or as a class, and courts may award reasonable attorney's fees as part of a final judgment. The Worker's Guide also warns that if a suit fails, you may be liable for legal expenses. Your local bar association can point you to legal help.
- Use your state's Rapid Response service. Employers must notify the state dislocated worker unit, which can offer re-employment help. The Department of Labor says its local One-Stop Career Centers can help you find work or training whether or not you got a WARN notice.
General questions about WARN can go to the Department of Labor at warn.inquiries@dol.gov, though it can't give binding advice on individual cases.
Do states have their own WARN laws?
Yes, some do, and the federal law doesn't override state laws or union contracts that give more notice. California is a well-known example. Its law, run by the Employment Development Department, covers establishments with 75 or more full and part-time employees and requires 60 days' notice for:
- A layoff of 50 or more employees within 30 days, regardless of the percentage of the workforce
- A plant closure affecting any number of employees
- A relocation of 100 miles or more
Check your own state's labour department for its rules.
What are the equivalents of WARN outside the US?
Other countries handle mass job losses differently. Two examples from official sources:
- UK: an employer making 20 or more employees redundant within 90 days at one establishment must consult collectively for at least 30 days (20 to 99 redundancies) or 45 days (100 or more) before the first dismissal, and notify the Redundancy Payments Service on form HR1. See statutory redundancy pay for individual rights.
- Ontario, Canada: terminating 50 or more employees at an establishment within four weeks is a mass termination needing 8 weeks' notice for 50 to 199 employees, 12 weeks for 200 to 499, and 16 weeks for 500 or more, with a Form 1 filed with the Director of Employment Standards.
How should you use your 60 days?
Treat the notice period as a head start. You're still being paid, so this is the cheapest time to prepare.
- Paperwork: confirm your last day, final pay, holiday or PTO payout and when health cover ends. Read up on COBRA and Marketplace options.
- Benefits: check how to file with your state unemployment programme, so you can apply as soon as you're eligible.
- Search: update your CV or résumé while your results are fresh and start conversations now. See our job search strategy.
- Story: decide how you'll describe the layoff; see laid off vs fired for why the label matters.
FAQs
How many employees does a company need for the WARN Act to apply?
Generally 100 or more, not counting recent hires (under 6 of the last 12 months) and those working under 20 hours a week. Some states, such as California, set lower thresholds.
Does the WARN Act apply to remote workers?
The Department of Labor's guide says workers who travel or work away from regular sites are assigned to a single site: their home base, the place their work is assigned from, or the place they report to. Whether a layoff of remote staff hits the thresholds depends on that site.
Is WARN notice required for layoffs under 50 people?
Under the federal law, generally no, unless smaller layoffs within 90 days add up to the thresholds. State laws may differ.
Do part-time workers get WARN notice?
Yes. Part-time workers don't count towards the 100-employee or layoff thresholds, but if a covered layoff or closing happens, they are entitled to notice.
Does the Department of Labor enforce the WARN Act?
No. WARN is enforced through the US District Courts by workers, their representatives and local governments.
What next
Whether you got 60 days' notice or none, the next step is the same: secure your income, then prepare for your next role. When you're ready, Cohesyve lets you practise on simulations of real work and see your gaps in a scored report. Free to start, no card.
Sources
Official pages, checked 2 November 2026:
- US Department of Labor: WARN, Employment Law Guide: Notices for Plant Closings and Mass Layoffs, Worker's Guide to Advance Notice of Closings and Layoffs
- California EDD: Layoff Services, WARN
- GOV.UK: Redundancy consultations
- Government of Ontario: Your guide to the Employment Standards Act: Termination of employment