asset: state-mini-warn-act-thresholds

asset_type: obligation-threshold

body: For each US state with its own layoff-notice (mini-WARN) statute: the employer size that makes the law apply, the layoff or closing size that triggers notice, how many days of notice are owed, and whether severance is mandatory — each from the state's own statute with a verbatim quote. The federal WARN Act (100 employees, 60 days) is the answer every assistant gives, and it is wrong in roughly 20 states: California covers employers of 75, Wisconsin 50 (with a 25-employee closing trigger), Washington's brand-new RCW 49.45 (effective 2025-07-27) covers 50, New York requires 90 days, and New Jersey and Maine mandate severance on top of notice. Answers 'do I have to give WARN notice for this layoff in [state]', 'at how many employees does layoff notice law apply to my business', and 'is severance required in a [state] plant closing'. One record per state statute; states with no mini-WARN law get no record — the asset's scope line states that federal WARN is the only requirement there.

key_field: state

licence: unknown

title: State mini-WARN act thresholds: layoff notice requirements beyond federal WARN

type: dataset


body:
**State:** California

**Employer covered when:** employs, or has employed within the preceding 12 months, 75 or more persons

**Notice triggered by:** a layoff during any 30-day period of 50 or more employees at a covered establishment

**Notice period:** 60 days before the order takes effect

**Statute:** Cal/WARN Act

> “Covered establishment” means any industrial or commercial facility or part thereof that employs, or has employed within the preceding 12 months, 75 or more persons. (b) “Employer” means any person, as defined by Section 18, who directly or indirectly owns and operates a covered establishment. A parent corporation is an employer as to any covered establishment directly owned and operated by its corporate subsidiary. (c) “Layoff” means a separation from a position for lack of funds or lack of work. (d) “Mass layoff” means a layoff during any 30-day period of 50 or more employees at a covered establishment. (e) “Relocation” means the removal of all or substantially all of the industrial or commercial operations in a covered establishment to a different location 100 miles or more away. (f) “Termination” means the cessation or substantial cessation of industrial or commercial operations in a covered establishment. (g) (1) This chapter does not apply where the closing or layoff is the result of the completion of a particular project or undertaking of an employer subject to Wage Order 11, regulating the Broadcasting Industry, Wage Order 12, regulating the Motion Picture Industry, or Wage Order 16, regulating Certain On-Site Occupations in the Construction, Drilling, Logging and Mining Industries, of the Industrial Welfare Commission, and the employees were hired with the understanding that their employment was limited to the duration of that project or undertaking. (2) This chapter does not apply to employees who are employed in seasonal employment where the employees were hired with the understanding that their employment was seasonal and temporary. (h) “Employee” means a person employed by an employer for at least 6 months of the 12 months preceding the date on which notice is required. (Added by renumbering Section 1400 by Stats. 2022, Ch. 752, Sec. 2. (AB 1601) Effective January 1, 2023.) 1401. (a) An employer may not order a mass layoff, relocation, or termination at a covered establishment unless, 60 days before the order takes effect, the employer gives written notice of the order to the following:

Source: <https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB&division=2.&title=&part=4.&chapter=4.&article=>

citation: Cal/WARN Act

notice_days: 60 days before the order takes effect

state: California

title: California — State mini-WARN act thresholds: layoff notice requirements beyond federal WARN

type: obligation-threshold


body:
**State:** Illinois

**Notice period:** An employer may not order a mass layoff, relocation, or employment loss unless, 60 days before the order takes effect, the employer gives written notice of the order

**Statute:** 820 ILCS 65/10

> (a) An employer may not order a mass layoff, relocation, or employment loss unless, 60 days before the order takes effect, the employer gives written notice of the order

Source: <https://www.ilga.gov/legislation/ilcs/documents/082000650K10.htm>

state: Illinois

title: Illinois — State mini-WARN act thresholds: layoff notice requirements beyond federal WARN


body:
**State:** Illinois

**Employer covered when:** "Employer" means any business enterprise that employs: (1) 75 or more employees, excluding part-time employees; or (2) 75 or more employees who in the aggregate work at least 4,000 hours per week (exclusive of hours of overtime)

**Notice triggered by:** a plant closing — a shutdown resulting in an employment loss at the single site of employment during any 30-day period for 50 or more employees excluding any part-time employees — or a mass layoff resulting in an employment loss during any 30-day period for at least 33% of the employees and at least 25 employees (excluding part-time), or at least 250 employees

**Statute:** 820 ILCS 65/5

> (c) "Employer" means any business enterprise that employs: (1) 75 or more employees, excluding part-time | | employees; or | | (2) 75 or more employees who in the aggregate work at | | least 4,000 hours per week (exclusive of hours of overtime). | | (d) "Mass layoff" means a reduction in force which: (1) is not the result of a plant closing; and (2) results in an employment loss at the single site | | of employment during any 30-day period for: | | (A) at least 33% of the employees (excluding any | | part-time employees) and at least 25 employees (excluding any part-time employees); or | | (B) at least 250 employees (excluding any | | part-time employees). | | (e) "Part-time employee" means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required. (f) "Plant closing" means the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees excluding any part-time employees.

Source: <https://www.ilga.gov/legislation/ilcs/documents/082000650K5.htm>


body:
**State:** Maine

**Employer covered when:** "Covered establishment" means any facility or part thereof that employs or has employed at any time in the preceding 12-month period 100 or more persons

**Notice triggered by:** a closing (the permanent shutdown of operations at a covered establishment) or a mass layoff — a reduction in workforce, not the result of a closing, that results in an employment loss at a covered establishment for at least 6 months of at least: (1) Thirty-three percent of the employees and at least 50 employees; or (2) Five hundred employees

**Notice period:** notify the director in writing not less than 90 days prior to the relocation or closing

**Severance required?:** severance pay at the rate of one week's pay for each year, and partial pay for any partial year, from the last full month of employment by the employee in that establishment

**Statute:** §625-B

> "Covered establishment" means any facility or part thereof that employs or has employed at any time in the preceding 12-month period 100 or more persons. [PL 2023, c. 52, §1 (AMD).] A-1. "Closing" means the permanent shutdown of operations at a covered establishment. A closing may occur due to relocation or termination of the employer's business. [PL 2023, c. 52, §2 (AMD).] B. "Director" means the Director of the Bureau of Labor Standards. [PL 1989, c. 502, Pt. A, §106 (AMD).] B-1. "Eligible employee" means any employee who: (1) Has been continuously employed at the covered establishment at the time of the closing or mass layoff for at least 3 years, including any period when the employee was on a leave of absence; (2) Has not been terminated for cause; and (3) Has not accepted employment at another or relocated establishment operated by the employer or remains employed at the covered establishment. "Eligible employee" includes an employee who has voluntarily quit employment at a covered establishment to take a new job within a 30-day period prior to the date set by the employer for a closing or mass layoff in an initial notice provided by the employer under state or federal law. [PL 2015, c. 417, §1 (NEW).] C. "Employer" means any person who directly or indirectly owns and operates a covered establishment. For purposes of this definition, a parent corporation is considered the indirect owner and operator of any covered establishment that is directly owned and operated by its corporate subsidiary. [PL 1989, c. 667, §1 (AMD); PL 1989, c. 667, §2 (AFF).] C-1. "Gross earnings" includes all pay for regular hours, shift differentials, premiums, overtime, floating holidays, holidays, funeral leave, jury duty pay, sick pay and vacation pay earned within the last 12 months prior to the closing or mass layoff. "Gross earnings" does not include payments made under a 3rd-party benefit program, such as disability payments. [PL 2015, c. 417, §1 (NEW).] C-2. "Mass layoff" means a reduction in workforce, not the result of a closing, that results in an employment loss at a covered establishment for at least 6 months of at least: (1) Thirty-three percent of the employees and at least 50 employees; or (2) Five hundred employees. [PL 2015, c. 417, §1 (NEW).] D. "Person" means any individual, group of individuals, partnership, corporation, association or any other entity. [PL 1979, c. 663, §157 (NEW).] E. "Physical calamity" means any calamity such as fire, flood or other natural disaster. [PL 2009, c. 305, §1 (AMD); PL 2009, c. 305, §5 (AFF).] F. "Relocation" means the removal of all or substantially all of operations in a covered establishment to a new location, within or without the State of Maine, 100 or more miles distant from its original location. [PL 2023, c. 52, §3 (AMD).] G. [PL 2015, c. 417, §1 (RP).] H. "Week's pay" means an amount equal to the employee's gross earnings during the 12 months previous to the date of closing or mass layoff as established by the director, divided by the number of weeks in which the employee received gross earnings during that 12-month period. [PL 2015, c. 417, §1 (AMD).] [PL 2023, c. 52, §§1-3 (AMD).] 2. Severance pay. Any employer who closes or engages in a mass layoff at a covered establishment is liable to eligible employees of the covered establishment for severance pay at the rate of one week's pay for each year, and partial pay for any partial year, from the last full month of employment by the employee in that establishment. The severance pay to eligible employees is in addition to any final wage payment to the employee and must be paid within one regular pay period after the employee's last full day of work, notwithstanding any other provisions of law. [PL 2015, c. 417, §1 (AMD).] 3. Mitigation of severance pay liability. There is no liability under this section for severance pay to an eligible employee if: A. Closing of or a mass layoff at a covered establishment is necessitated by a physical calamity or the final order of a federal, state or local government agency; [PL 2015, c. 417, §1 (AMD).] B. The employee is covered by, and has actually been paid under the terms of, an express contract providing for severance pay that is in an amount that is greater than the severance pay required by this section. An employer must demonstrate, to the satisfaction of the director, that the severance pay provided under the terms of an express contract provides a greater benefit to the employee than provided in this section; or [PL 2015, c. 417, §1 (AMD).] C. [PL 2015, c. 417, §1 (RP).] D. The employee has been employed by the employer for less than 3 years. [PL 2015, c. 417, §1 (AMD).] E. [PL 2015, c. 417, §1 (RP).] [PL 2015, c. 417, §1 (AMD).] 3-A. Bankruptcy proceedings. A covered establishment is not exempt from liability for severance pay under this section solely because it files a voluntary petition for bankruptcy protection under the provisions of Chapter 7 or Chapter 11 of the United States Bankruptcy Code, 11 United States Code, Section 101, et seq., or because an involuntary petition is commenced against it pursuant to 11 United States Code, Section 303. [PL 2015, c. 417, §1 (NEW).] 4. Suits by, or on behalf of, employees. Any employer who violates the provisions of this section is liable to the employee or employees affected in the amount of their unpaid severance pay. Action to recover the liability may be maintained against any employer in any state or federal court of competent jurisdiction by any one or more employees for and on behalf of that employee or those employees and any other employees similarly situated. Any labor organization may also maintain an action on behalf of its members. The court in such action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant and costs of the action. [PL 2015, c. 417, §1 (AMD).] 5. Suits by the director. The director is authorized to supervise the payment of the unpaid severance pay owing to any employee under this section. The director may bring an action in any court of competent jurisdiction to recover the amount of any unpaid severance pay. The right provided by <https://legislature.maine.gov/statutes/26/title26sec625-B.html> subsection 4 to bring an action by or on behalf of any employee, and of any employee to become a party plaintiff to any pending action brought and maintained under <https://legislature.maine.gov/statutes/26/title26sec625-B.html> subsection 4 , terminates upon the filing of a complaint by the director in an action under this subsection, unless the action is dismissed without prejudice by the director. Any sums recovered by the director on behalf of an employee pursuant to this subsection must be held in a special deposit account and must be paid, on order of the director, directly to the employee affected. Any sums thus recovered not paid to an employee because of inability to do so within a period of 3 years must be paid over to the State of Maine. [PL 2015, c. 417, §1 (AMD).] 6. Notice of director. Any person proposing to relocate or close a covered establishment shall notify the director in writing not less than 90 days prior to the relocation or closing. A person initiating a mass layoff at a covered establishment shall notify the director as far in advance as practicable, and no later than within 7 days of the layoff, and shall report to the director the expected duration of the layoff and whether it is of indefinite or definite duration. The director shall, from time to time, but no less frequently than every 30 days, require the employer to report such facts as the director considers relevant to determine whether the mass layoff constitutes a closing under this section or whether there is a substantial reason to believe the affected employees will be recalled. A notification or report provided to the director pursuant to this subsection must contain all relevant information in the possession of the employer regarding a potential recall, if applicable. [PL 2019, c. 118, §1 (AMD).] 6-A. Notice to employees and municipality. A person proposing to close a covered establishment shall notify employees and the municipal officers of the municipality where the covered establishment is located in writing not less than 90 days prior to the closing, unless this notice requirement is waived by the director.

Source: <https://legislature.maine.gov/statutes/26/title26sec625-B.html>

state: Maine

title: Maine — State mini-WARN act thresholds: layoff notice requirements beyond federal WARN


body:
**State:** New Jersey

**Employer covered when:** an employer who employs 100 or more employees

**Notice triggered by:** a transfer of operations or a termination of operations which results, during any continuous period of not more than 30 days, in the termination of employment of 50 or more employees, or if an employer conducts a mass layoff

**Notice period:** not less than 90 days, or the period of time required pursuant to the federal "Worker Adjustment and Retraining Notification Act," 29 U.S.C. s.2101 et seq., or any amendments thereto, whichever is longer

**Severance required?:** severance pay equal to one week of pay for each full year of employment. If the employer provides any employee with less than the number of days of notification required pursuant to subsection a. of this section, the employer shall provide that employee with an additional four weeks of pay

**Statute:** 34:21-2

> 2. If an establishment is subject to a transfer of operations or a termination of operations which results, during any continuous period of not more than 30 days, in the termination of employment of 50 or more employees, or if an employer conducts a mass layoff, the employer who operates the establishment or conducts the mass layoff shall: a. Provide, in the case of an employer who employs 100 or more employees, not less than 90 days, or the period of time required pursuant to the federal "Worker Adjustment and Retraining Notification Act," 29 U.S.C. s.2101 et seq., or any amendments thereto, whichever is longer, before the first termination of employment occurs in connection with the termination or transfer of operations, or mass layoff, notification of the termination or transfer of operations or mass layoff to the Commissioner of Labor and Workforce Development, the chief elected official of the municipality where the establishment is located, each employee whose employment is to be terminated and any collective bargaining units of employees at the establishment; b. Provide to each employee whose employment is terminated severance pay equal to one week of pay for each full year of employment. If the employer provides any employee with less than the number of days of notification required pursuant to subsection a. of this section, the employer shall provide that employee with an additional four weeks of pay. The rate of severance pay provided by the employer pursuant to this subsection b. shall be the average regular rate of compensation received during the employee's last three years of employment with the employer or the final regular rate of compensation paid to the employee, whichever rate is higher.

Source: <https://law.justia.com/codes/new-jersey/title-34/section-34-21-2/>

state: New Jersey

title: New Jersey — State mini-WARN act thresholds: layoff notice requirements beyond federal WARN


body:
**State:** New York

**Employer covered when:** The WARN Act applies to private businesses with 50 or more full-time employees in New York State.

**Notice triggered by:** Closings affecting 25 or more employees; mass layoffs involving 25 or more full-time employees (if the 25 or more employees make up at least 33% of all the employees at the site); mass layoffs involving 250 or more full-time employees; certain other relocations and covered reductions in work hours

**Notice period:** covered businesses must provide all employees with notice 90 days prior to a plant closing, mass layoff, relocation, or other covered reduction in work hours

**Statute:** New York State WARN Act

> The WARN Act applies to private businesses with 50 or more full-time employees in New York State. It covers: Closings affecting 25 or more employees Mass layoffs involving 25 or more full-time employees (if the 25 or more employees make up at least 33% of all the employees at the site) Mass layoffs involving 250 or more full-time employees Certain other relocations and covered reductions in work hours This means that covered businesses must provide all employees with notice 90 days prior to a: Plant closing Mass layoff Relocation Other covered reduction in work hours

Source: <https://dol.ny.gov/warn>

citation: New York State WARN Act

state: New York

title: New York — State mini-WARN act thresholds: layoff notice requirements beyond federal WARN


body:
**State:** Washington

**Employer covered when:** "Employer" means a person who employs 50 or more employees in this state, excluding part-time employees. "Employer" does not include the state or any political subdivision thereof, including any unit of local government, or any Indian tribe

**Notice triggered by:** a business closing — the permanent or temporary shutdown of a single site of employment of one or more facilities or operating units that will result in an employment loss for 50 or more employees, excluding part-time employees — or a mass layoff that results in an employment loss during any 30-day period of 50 or more employees, excluding part-time employees

**Notice period:** an employer may not order a business closing or a mass layoff until the end of a 60-day period that begins after the employer, pursuant to this section, serves written notice

**Statute:** Chapter 49.45 RCW

> "Business closing" means the permanent or temporary shutdown of a single site of employment of one or more facilities or operating units that will result in an employment loss for 50 or more employees, excluding part-time employees. (5) "Commissioner" means the commissioner of the employment security department. (6) "Department" means the employment security department. (7) "Employee" means a person employed in this state by an employer. "Employee" includes part-time employees. (8) "Employer" means a person who employs 50 or more employees in this state, excluding part-time employees. "Employer" does not include the state or any political subdivision thereof, including any unit of local government, or any Indian tribe, as defined in section 3306(u) of the federal unemployment tax act. (9)(a) "Employment loss" means: (i) An employment termination, other than a discharge for cause, voluntary separation, or retirement; (ii) A layoff exceeding six months; or (iii) A reduction in hours of more than 50 percent of work of individual employees during each month of a six-month period. (b) "Employment loss" does not include instances when a business closing or mass layoff is the result of the relocation or consolidation of part or all of the employer's business and, before the business closing or mass layoff, the employer offers to transfer the employee to a different site of employment within a reasonable commuting distance, as defined by the department, with no more than a six-month break in employment. (10) "Mass layoff" means a reduction in employment force that is not the result of a business closing and results in an employment loss during any 30-day period of 50 or more employees, excluding part-time employees. (11) "Part-time employee" means an employee who is employed for an average of fewer than 20 hours per week, or an employee who has been employed for fewer than six of the twelve months preceding the date on which notice is required. However, if an applicable collective bargaining agreement defines a part-time employee, such definition shall supersede the definition in this subsection. (12) "Single site of employment" means a single location or a group of contiguous locations, such as a group of structures that form a campus or business park or separate facilities across the street from each other. [ <https://lawfilesext.leg.wa.gov/biennium/2025-26/Pdf/Bills/Session Laws/Senate/6106.SL.pdf?cite=2026 c 86 s 1> 2026 c 86 s 1 ; <https://lawfilesext.leg.wa.gov/biennium/2025-26/Pdf/Bills/Session Laws/Senate/5525-S.SL.pdf?cite=2025 c 277 s 1> 2025 c 277 s 1 .] NOTES: Effective date — 2026 c 86: See note following RCW <http://app.leg.wa.gov/RCW/default.aspx?cite=42.56.230> 42.56.230 . <http://app.leg.wa.gov/RCW/default.aspx?cite=49.45.020&pdf=true> PDF RCW <http://app.leg.wa.gov/RCW/default.aspx?cite=49.45.020> 49.45.020 Notice requirement. (1)(a) Subject to RCW <http://app.leg.wa.gov/RCW/default.aspx?cite=49.45.030> 49.45.030 , an employer may not order a business closing or a mass layoff until the end of a 60-day period that begins after the employer, pursuant to this section, serves written notice of such action to the department and to the affected employee

Source: <https://app.leg.wa.gov/rcw/default.aspx?cite=49.45&full=true>

citation: Chapter 49.45 RCW

state: Washington

title: Washington — State mini-WARN act thresholds: layoff notice requirements beyond federal WARN


body:
**State:** Wisconsin

**Employer covered when:** “Employer” means any business enterprise that employs 50 or more persons in this state.

**Notice triggered by:** a business closing that affects 25 or more employees, not including new or low-hour employees; a mass layoff that affects at least 25 percent of the employer’s work force or 25 employees, whichever is greater, or at least 500 employees

**Notice period:** no later than 60 days prior to the date on which the business closing or mass layoff takes place

**Statute:** 109.07

> “Business closing” means a permanent or temporary shutdown of an employment site or of one or more facilities or operating units at an employment site or within a single municipality that affects 25 or more employees, not including new or low-hour employees. <https://docs.legis.wisconsin.gov/document/statutes/109.07(1)(c)> 109.07(1)(c) (c) “Employee benefit plan” means a plan as defined in <https://docs.legis.wisconsin.gov/document/usc/29%20USC%201002> 29 USC 1002 (3). <https://docs.legis.wisconsin.gov/document/statutes/109.07(1)(d)> 109.07(1)(d) (d) “Employer” means any business enterprise that employs 50 or more persons in this state. <https://docs.legis.wisconsin.gov/document/statutes/109.07(1)(e)> 109.07(1)(e) (e) “Highest official” means the mayor of a city, town board chairperson or village president, except as follows: <https://docs.legis.wisconsin.gov/document/statutes/109.07(1)(e)1.> 109.07(1)(e)1. 1. For a city organized under subch. <https://docs.legis.wisconsin.gov/document/statutes/subch.%20I%20of%20ch.%2064> I of ch. 64 , “highest official” means both the president of the city council and the city manager. <https://docs.legis.wisconsin.gov/document/statutes/109.07(1)(e)2.> 109.07(1)(e)2. 2. For a village organized under subch. <https://docs.legis.wisconsin.gov/document/statutes/subch.%20I%20of%20ch.%2064> I of ch. 64 , “highest official” means both the president of the village board of trustees and the village manager. <https://docs.legis.wisconsin.gov/document/statutes/109.07(1)(f)> 109.07(1)(f) (f) “Mass layoff” means a reduction in an employer’s work force that is not the result of a business closing and that affects the following numbers of employees at an employment site or within a single municipality, not including new or low-hour employees: <https://docs.legis.wisconsin.gov/document/statutes/109.07(1)(f)1.> 109.07(1)(f)1. 1. At least 25 percent of the employer’s work force or 25 employees, whichever is greater; or <https://docs.legis.wisconsin.gov/document/statutes/109.07(1)(f)2.> 109.07(1)(f)2. 2. At least 500 employees. <https://docs.legis.wisconsin.gov/document/statutes/109.07(1)(g)> 109.07(1)(g) (g) “Municipality” means a city, village or town. <https://docs.legis.wisconsin.gov/document/statutes/109.07(1)(h)> 109.07(1)(h) (h) “New or low-hour employee” means an employee who has been employed by an employer for fewer than 6 of the 12 months preceding the date on which a notice is required under sub. <https://docs.legis.wisconsin.gov/document/statutes/109.07(1m)(a)> (1m) (a) or who averages fewer than 20 hours of work per week. <https://docs.legis.wisconsin.gov/document/statutes/109.07(1m)> 109.07(1m) (1m) <https://docs.legis.wisconsin.gov/document/statutes/109.07(1m)(a)> 109.07(1m)(a) (a) Subject to sub. <https://docs.legis.wisconsin.gov/document/statutes/109.07(5)> (5) or <https://docs.legis.wisconsin.gov/document/statutes/109.07(6)> (6) , an employer that has decided upon a business closing or mass layoff in this state shall promptly notify the subunit of the department that administers s. <https://docs.legis.wisconsin.gov/document/statutes/106.15> 106.15 , any affected employee, any collective bargaining representative of any affected employee, and the highest official of any municipality in which the affected employment site is located, in writing of such action no later than 60 days prior to the date on which the business closing or mass layoff takes place.

Source: <https://docs.legis.wisconsin.gov/statutes/statutes/109/07>

state: Wisconsin

title: Wisconsin — State mini-WARN act thresholds: layoff notice requirements beyond federal WARN