Delaware

For Delaware, employer covered when is Any business enterprise that employs 100 or more employees, excluding part-time employees, or 100 or more employees that work in the aggregate at least 2,000 hours per week; notice triggered by is a plant closing — the permanent or temporary shutdown of a single site of employment, or 1 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 (other than part-time employees) — a mass layoff that results in an employment loss at a single site of employment during any 30-day period for 50 or more employees if they make up 33% of the employer’s total workforce at the site, or 500 or more employees — or a relocation, the removal of all or substantially all of the industrial or commercial operations of an employer to a different location 50 miles or more away; notice period is An employer may not order a mass layoff, plant closing, or relocation if the mass layoff, plant closing, or relocation will cause an employment loss unless, at least 60 days before the order takes effect, the employer gives written notice of the order; statute is CHAPTER 19. Delaware Workplace Adjustment and Retraining Notification Act, verified against its source on 2026-08-18.

Values marked our reading are our classification of what the source says — the source does not print them in those words. The quote below is the evidence for each one; judge it yourself.

What the source says

(4) “Employer” means: a. Any business enterprise that employs 100 or more employees, excluding part-time employees, or 100 or more employees that work in the aggregate at least 2,000 hours per week. b. “Employer” does not include the federal or state government or any of their political subdivisions, including any unit of local government or any school district or charter school. (5) a. “Employment loss” means any of the following: 1. An employment termination, other than a discharge for cause, voluntary departure, or retirement. 2. A mass layoff exceeding 6 months in duration. 3. A reduction in hours of work of more than 50% during each month of any consecutive 6-month period. b. The term “employment loss” shall not result under circumstances where a mass layoff or plant closing is the result of the relocation or consolidation of part or all of the employer’s business and, before the mass layoff or plant closing, the employer offers to transfer the employee to a different site of employment within a reasonable commuting distance with no more than a 6-month break in employment, or the employer offers to transfer the employee to any other site of employment, regardless of distance, with no more than a 6-month break in employment, and the employee accepts within 30 days of the offer or of the mass layoff or plant closing, whichever is later. (6) “Mass layoff” means a reduction in workforce which includes all of the following: a. Is not the result of a plant closing. b. Results in an employment loss at a single site of employment during any 30-day period for: 1. Fifty or more employees if they make up 33% of the employer’s total workforce at the site, excluding part-time employees or 2. Five hundred or more employees. (7) “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. (8) “Plant closing” means the permanent or temporary shutdown of a single site of employment, or 1 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 (other than part-time employees). (9) “Relocation” means the removal of all or substantially all of the industrial or commercial operations of an employer to a different location 50 miles or more away. (10) “Representative” means an exclusive representative within the meaning of § 9(a) or § 8(f) of the National Labor Relations Act (29 U.S.C. §§ 159(a), 158(f)) or § 2 of the Railway Labor Act (45 U.S.C. § 152). (11) “Secretary” shall mean the Secretary of the Delaware Department of Labor or a designated subordinate of the Secretary. (12) “WARN Act” shall mean the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. § 2101 et seq.). <https://legis.delaware.gov/SessionLaws?volume=81&chapter=312> 81 Del. Laws, c. 312, § 1 ; § 1904. Notice. (a) An employer may not order a mass layoff, plant closing, or relocation if the mass layoff, plant closing, or relocation will cause an employment loss unless, at least 60 days before the order takes effect, the employer gives written notice of the order to all of the following: (1) Affected employees and the representatives of affected employees. (2) The Delaware Department of Labor Division of Employment and Training, WARN Act Administrator.

— delcode.delaware.gov, retrieved 2026-08-18

Source

• delcode.delaware.govhttps://delcode.delaware.gov/title19/c019/index.html

Last verified against source: 2026-08-18. Due for re-check by 2027-08-18. This page as Markdown · OKF bundle · full dataset as JSON.