What is the WARN Act and does it apply to me?

The Worker Adjustment and Retraining Notification (WARN) Act of 1988 (29 U.S.C. §2101) requires covered employers to provide 60 calendar days' advance written notice before a plant closing or mass layoff affecting 50 or more employees. A covered employer is one with 100 or more full-time employees (excluding employees who have worked fewer than 6 months or fewer than 20 hours per week).

A 'plant closing' is the shutdown of a single site of employment resulting in job loss for 50 or more employees. A 'mass layoff' is a layoff of 500+ employees at a single site, or 50–499 employees if they constitute at least 33% of the employer's active workforce at that site. The notice must be given to affected employees, their union representatives (if any), the state dislocated worker unit, and the local government.

WARN Act penalties for non-compliance are significant: up to 60 days' back pay and benefits for each affected employee, plus civil penalties of up to $500 per day. Many states have enacted 'mini-WARN' laws that apply to smaller employers or provide longer notice periods — New York (90 days, 25+ employees), California (60 days, 75+ employees), and New Jersey (90 days, 100+ employees) have notable mini-WARN protections.