“Know your rights, protect your job: Understanding the WARN Act in Ohio 2025”

Introduction

Introduction:

The Worker Adjustment and Retraining Notification (WARN) Act is a federal law that requires employers to provide advance notice to employees in the event of mass layoffs or plant closures. In Ohio, the WARN Act is enforced by the Ohio Department of Job and Family Services. Understanding the WARN Act in Ohio is crucial for both employers and employees to ensure compliance with the law and protect workers’ rights. In this guide, we will provide an overview of the WARN Act in Ohio and explain the key provisions that employers and employees need to be aware of in 2025.

What is the WARN Act?

The Worker Adjustment and Retraining Notification (WARN) Act is a federal law that requires certain employers to provide advance notice to employees in the event of a plant closing or mass layoff. The purpose of the WARN Act is to give employees and their families time to prepare for the loss of employment and to seek alternative job opportunities or retraining. In Ohio, the WARN Act is enforced by the Ohio Department of Job and Family Services (ODJFS).

Under the WARN Act, covered employers are required to provide at least 60 days’ notice to affected employees, as well as to the state dislocated worker unit and the chief elected official of the local government where the layoff or plant closing is taking place. This notice must include information about the reason for the layoff or closing, the expected date of the layoff or closing, and the number of employees who will be affected.

Employers covered by the WARN Act include those with 100 or more full-time employees, excluding employees who have worked less than six months in the last 12 months or who work an average of less than 20 hours per week. Covered employers also include those who have 100 or more employees, including part-time employees, who work a total of at least 4,000 hours per week.

In Ohio, the WARN Act applies to employers who have at least 50 full-time employees and who are laying off at least 50 employees at a single site of employment. The WARN Act also applies to employers who are closing a facility that will result in the layoff of at least 50 employees.

If an employer fails to provide the required notice under the WARN Act, they may be liable for back pay and benefits for each day of the violation, up to a maximum of 60 days. In addition, the employer may be subject to civil penalties of up to $500 for each day of the violation.

It is important for employers in Ohio to understand their obligations under the WARN Act and to ensure compliance in the event of a plant closing or mass layoff. Employers should familiarize themselves with the requirements of the WARN Act and develop a plan for providing notice to affected employees and government agencies in a timely manner.

Employers should also be aware that the WARN Act does not preempt state laws that provide greater protections for employees. In Ohio, for example, the Ohio Worker Adjustment and Retraining Notification (WARN) Act provides additional protections for employees in the event of a plant closing or mass layoff.

In conclusion, the WARN Act is an important federal law that provides protections for employees in the event of a plant closing or mass layoff. Employers in Ohio should be aware of their obligations under the WARN Act and take steps to ensure compliance in the event of a layoff or closing. By understanding and following the requirements of the WARN Act, employers can help to minimize the impact of a layoff or closing on their employees and their families.

Who is covered by the WARN Act?

The Worker Adjustment and Retraining Notification (WARN) Act is a federal law that requires certain employers to provide advance notice to employees in the event of a plant closing or mass layoff. The purpose of the WARN Act is to give employees and their families time to prepare for the loss of employment and to seek alternative job opportunities. While the WARN Act is a federal law, some states have their own versions of the law that provide additional protections for workers. In Ohio, the WARN Act is enforced by the Ohio Department of Job and Family Services (ODJFS).

One of the key questions that often arises when discussing the WARN Act is who is covered by the law. The WARN Act applies to employers with 100 or more full-time employees, excluding part-time employees, who have worked for the employer for less than six months or who work an average of less than 20 hours per week. It also applies to employers with 100 or more employees, including part-time employees, who work a total of at least 4,000 hours per week.

In Ohio, the WARN Act covers a wide range of employers, including private sector employers, as well as state and local government entities. It also covers employers in a variety of industries, including manufacturing, retail, and service industries. However, there are some exceptions to the WARN Act that may apply in certain situations. For example, the WARN Act does not apply to employers who are closing a temporary facility, or who are laying off employees due to unforeseen business circumstances.

It is important for employers to understand their obligations under the WARN Act and to ensure that they are in compliance with the law. Failure to provide the required notice under the WARN Act can result in significant penalties for employers, including back pay and benefits for affected employees. Employers who are found to be in violation of the WARN Act may also be subject to civil penalties.

In addition to understanding who is covered by the WARN Act, employers should also be aware of the specific requirements for providing notice to employees in the event of a plant closing or mass layoff. Under the WARN Act, employers are required to provide at least 60 days’ notice to affected employees, as well as to the local government and any relevant collective bargaining representatives. The notice must include specific information about the planned plant closing or mass layoff, including the date of the closing or layoff, the number of employees affected, and the reasons for the action.

Employers should also be aware that there are certain circumstances in which they may be exempt from the 60-day notice requirement under the WARN Act. For example, if a plant closing or mass layoff is the result of unforeseen business circumstances, such as a natural disaster or a sudden downturn in the economy, employers may be able to provide less than 60 days’ notice. However, employers must still provide notice as soon as practicable under these circumstances.

In conclusion, understanding who is covered by the WARN Act is essential for employers in Ohio to ensure compliance with the law. By knowing the requirements of the WARN Act and providing timely notice to affected employees, employers can help to mitigate the impact of plant closings and mass layoffs on their workforce. Employers who have questions about their obligations under the WARN Act should consult with legal counsel or the Ohio Department of Job and Family Services for guidance.

What are the requirements for employers under the WARN Act?

The Worker Adjustment and Retraining Notification (WARN) Act is a federal law that requires certain employers to provide advance notice to employees in the event of a plant closure or mass layoff. The purpose of the WARN Act is to give employees and their families time to prepare for the loss of employment and to seek alternative job opportunities. In Ohio, the WARN Act is enforced by the Ohio Department of Job and Family Services (ODJFS).

Under the WARN Act, employers with 100 or more full-time employees are required to provide 60 days’ advance notice of a plant closure or mass layoff. A plant closure is defined as the permanent or temporary shutdown of a single site of employment, resulting in the loss of employment for 50 or more employees within a 30-day period. A mass layoff is defined as a reduction in force that results in the loss of employment for 500 or more employees, or at least 50 employees if they make up at least 33% of the employer’s workforce.

Employers who fail to provide the required notice under the WARN Act may be liable for back pay and benefits for each day of the violation, up to a maximum of 60 days. In addition, employers may be subject to civil penalties of up to $500 for each day of the violation. It is important for employers to understand their obligations under the WARN Act and to comply with the law to avoid potential legal consequences.

In Ohio, employers are also required to provide notice to the ODJFS, the chief elected official of the local government where the plant closure or mass layoff is taking place, and the affected employees or their representatives. The notice must include the reason for the plant closure or mass layoff, the expected date of the event, and the number of employees who will be affected. Employers must also provide information about any available assistance, such as job training programs or unemployment benefits.

Employers who are covered by the WARN Act should be aware of the specific requirements for providing notice to employees. The notice must be in writing and must be delivered to each affected employee individually, either in person or by certified mail. Employers should also keep a record of the notice and be prepared to provide proof of compliance in the event of an investigation or legal action.

In conclusion, the WARN Act is an important law that protects employees from sudden job loss due to plant closures or mass layoffs. Employers in Ohio should be familiar with the requirements of the WARN Act and take steps to ensure compliance with the law. By providing advance notice to employees and following the proper procedures, employers can help mitigate the impact of a plant closure or mass layoff on their workforce. Failure to comply with the WARN Act can result in legal consequences, so it is essential for employers to understand their obligations and act accordingly.

What triggers the WARN Act in Ohio?

Understanding the WARN Act in Ohio 2025
The Worker Adjustment and Retraining Notification (WARN) Act is a federal law that requires certain employers to provide advance notice to employees in the event of a plant closing or mass layoff. While the WARN Act is a federal law, some states have their own versions of the law that provide additional protections for workers. In Ohio, the WARN Act is enforced by the Ohio Department of Job and Family Services (ODJFS) and applies to employers with 100 or more employees.

One of the key questions that employers in Ohio often have is what triggers the WARN Act. In general, the WARN Act is triggered when an employer plans to close a plant or conduct a mass layoff that will result in the loss of employment for a certain number of employees. Specifically, the WARN Act is triggered when an employer plans to lay off 50 or more employees at a single site of employment, or when an employer plans to lay off 500 or more employees across multiple sites of employment.

It is important for employers to understand what constitutes a “plant closing” or “mass layoff” under the WARN Act. A plant closing occurs when an employer shuts down a facility or operating unit that results in the loss of employment for 50 or more employees. A mass layoff occurs when an employer lays off 500 or more employees at a single site of employment, or when an employer lays off between 50 and 499 employees at a single site of employment if those layoffs constitute at least 33% of the employer’s workforce.

Employers should also be aware that the WARN Act requires them to provide advance notice to affected employees, as well as to certain government agencies, such as the ODJFS and the local workforce development board. The amount of notice required under the WARN Act depends on the number of employees being laid off. Employers must provide at least 60 days’ notice to employees and government agencies in the event of a plant closing or mass layoff.

In addition to providing advance notice, employers must also provide certain information to affected employees, such as the reason for the layoff, the expected date of the layoff, and any benefits that will be available to affected employees. Employers who fail to comply with the WARN Act may be subject to penalties, including back pay and benefits for affected employees.

Overall, understanding the triggers of the WARN Act in Ohio is essential for employers to ensure compliance with the law and to protect the rights of their employees. By being aware of when the WARN Act is triggered and what is required of them in the event of a plant closing or mass layoff, employers can avoid potential legal issues and maintain positive relationships with their workforce.

How does the WARN Act affect employees?

The Worker Adjustment and Retraining Notification (WARN) Act is a federal law that requires employers to provide advance notice to employees in the event of a plant closing or mass layoff. The purpose of the WARN Act is to give employees time to prepare for the loss of their jobs and to seek new employment opportunities. In Ohio, the WARN Act is enforced by the Ohio Department of Job and Family Services (ODJFS).

Under the WARN Act, employers with 100 or more employees are required to provide 60 days’ notice before a plant closing or mass layoff. A plant closing is defined as the permanent or temporary shutdown of a single site of employment, resulting in the loss of 50 or more employees within a 30-day period. A mass layoff is defined as a reduction in force that results in the loss of 500 or more employees, or at least 33% of the workforce, within a 30-day period.

If an employer fails to provide the required notice under the WARN Act, they may be liable for back pay and benefits for each day of the violation, up to 60 days. Employees who are affected by a plant closing or mass layoff may also be entitled to receive severance pay, continuation of health benefits, and job placement assistance.

It is important for employees to understand their rights under the WARN Act and to know what steps they can take if they believe their employer is in violation of the law. Employees who believe they have been affected by a plant closing or mass layoff without proper notice should contact the ODJFS to file a complaint.

In addition to providing notice to employees, employers are also required to notify the ODJFS, the local workforce development board, and the chief elected official of the local government where the plant closing or mass layoff is taking place. This allows these agencies to provide assistance to affected employees and to help them transition to new employment opportunities.

Employers who are planning a plant closing or mass layoff should carefully review the requirements of the WARN Act and ensure that they are in compliance with the law. Failure to provide the required notice can result in significant financial penalties and damage to the employer’s reputation.

Overall, the WARN Act is an important piece of legislation that helps to protect the rights of employees who are affected by plant closings and mass layoffs. By understanding their rights under the law and knowing how to take action if necessary, employees can ensure that they are treated fairly and receive the assistance they need during a difficult time.

What are the penalties for non-compliance with the WARN Act?

The Worker Adjustment and Retraining Notification (WARN) Act is a federal law that requires employers to provide advance notice to employees in the event of a plant closing or mass layoff. The purpose of the WARN Act is to give employees and their families time to prepare for the loss of employment and to seek alternative job opportunities. In Ohio, the WARN Act is enforced by the Ohio Department of Job and Family Services (ODJFS).

Employers in Ohio are required to comply with the WARN Act if they have 100 or more full-time employees, excluding part-time employees. The Act applies to employers who are planning a plant closing or mass layoff that will result in the loss of employment for 50 or more employees within a 30-day period. Employers must provide written notice to affected employees, their union representatives (if applicable), the ODJFS, and the local workforce development board at least 60 days before the plant closing or mass layoff occurs.

Failure to comply with the WARN Act can result in significant penalties for employers. Employers who violate the Act may be required to pay back wages and benefits to affected employees for each day of the violation, up to a maximum of 60 days. In addition, employers may be subject to civil penalties of up to $500 for each day of the violation. These penalties can add up quickly and have a serious impact on an employer’s bottom line.

In some cases, employers may be able to avoid or reduce penalties for non-compliance with the WARN Act. For example, if an employer can demonstrate that the plant closing or mass layoff was the result of unforeseeable business circumstances, such as a natural disaster or sudden economic downturn, they may be able to claim an exemption from the Act. However, employers must be able to provide evidence to support their claim of unforeseeable business circumstances.

It is important for employers in Ohio to understand their obligations under the WARN Act and to take proactive steps to ensure compliance. Employers should carefully review the Act and its requirements, and develop a plan for providing notice to affected employees in the event of a plant closing or mass layoff. Employers should also be aware of the potential penalties for non-compliance and take steps to mitigate their risk.

In conclusion, the WARN Act is an important federal law that provides protections for employees facing plant closings or mass layoffs. Employers in Ohio must comply with the Act’s requirements and provide advance notice to affected employees in order to avoid penalties for non-compliance. By understanding the WARN Act and taking proactive steps to ensure compliance, employers can protect their employees and their businesses from the consequences of a plant closing or mass layoff.

How can employers ensure compliance with the WARN Act?

The Worker Adjustment and Retraining Notification (WARN) Act is a federal law that requires certain employers to provide advance notice to employees in the event of a plant closure or mass layoff. The purpose of the WARN Act is to give employees and their families time to prepare for the loss of employment and to seek alternative job opportunities. In Ohio, the WARN Act is enforced by the Ohio Department of Job and Family Services (ODJFS).

Employers in Ohio must comply with the WARN Act if they have 100 or more full-time employees, excluding part-time employees, and are planning a plant closure or mass layoff. A plant closure is defined as 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, that results in an employment loss for 50 or more employees during any 30-day period. A mass layoff is defined as a reduction in force that results in an employment loss for 500 or more employees, or for 50-499 employees if they constitute at least 33% of the employer’s workforce.

To ensure compliance with the WARN Act, employers in Ohio should first determine whether their planned actions trigger the Act’s requirements. If so, they must provide written notice to affected employees, their representatives, the ODJFS, and the local workforce development board at least 60 days before the plant closure or mass layoff. The notice must include specific information about the planned action, such as the date of the employment loss, the number of affected employees, and the reasons for the action.

Employers should also be aware of the exceptions to the WARN Act’s notice requirements. These exceptions include unforeseeable business circumstances, natural disasters, and faltering companies. In these cases, employers may provide less than 60 days’ notice or no notice at all if they can demonstrate that the circumstances meet the criteria for an exception.

In addition to providing notice, employers in Ohio should be prepared to offer assistance to affected employees. This assistance may include severance pay, continuation of health benefits, job placement services, and retraining programs. Employers should also be mindful of their obligations under the Consolidated Omnibus Budget Reconciliation Act (COBRA) and the Employee Retirement Income Security Act (ERISA) when providing benefits to affected employees.

To ensure compliance with the WARN Act, employers in Ohio should consult with legal counsel or human resources professionals who are knowledgeable about the Act’s requirements. They should also keep accurate records of their compliance efforts, including copies of the written notice provided to employees and government agencies. By taking these steps, employers can avoid costly penalties and litigation resulting from non-compliance with the WARN Act.

In conclusion, the WARN Act is an important federal law that protects employees from sudden job loss due to plant closures or mass layoffs. Employers in Ohio must understand and comply with the Act’s requirements to avoid legal consequences and to support their employees during times of transition. By following the guidelines outlined in this article, employers can ensure compliance with the WARN Act and uphold their responsibilities to their workforce.

What are the exceptions to the WARN Act in Ohio?

The Worker Adjustment and Retraining Notification (WARN) Act is a federal law that requires employers to provide advance notice to employees in the event of a plant closing or mass layoff. The purpose of the WARN Act is to give employees and their families time to prepare for the loss of employment and to seek alternative job opportunities. While the WARN Act is a federal law, some states have their own versions of the law that provide additional protections for workers. In Ohio, the WARN Act is enforced by the Ohio Department of Job and Family Services (ODJFS).

Under the WARN Act in Ohio, employers are required to provide 60 days’ notice to employees in the event of a plant closing or mass layoff. A plant closing is defined as 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, that results in an employment loss for 50 or more employees during any 30-day period. A mass layoff is defined as a reduction in force that results in an employment loss for 500 or more employees, or for 50-499 employees if they constitute at least 33% of the employer’s workforce.

There are some exceptions to the WARN Act in Ohio that allow employers to provide less than 60 days’ notice in certain circumstances. One exception is the faltering company exception, which allows employers to provide less than 60 days’ notice if the company is actively seeking capital or business, and providing notice would prevent the company from obtaining the capital or business necessary to avoid a plant closing or mass layoff. Another exception is the unforeseeable business circumstances exception, which allows employers to provide less than 60 days’ notice if the plant closing or mass layoff is caused by business circumstances that were not reasonably foreseeable at the time the notice would have been required.

In addition to the exceptions outlined in the WARN Act, there are also some exemptions that apply to certain types of employers. For example, employers with fewer than 100 full-time employees are not subject to the WARN Act in Ohio. Similarly, employers that are closing a temporary facility, or that are laying off employees due to a natural disaster, are also exempt from the requirements of the WARN Act.

It is important for employers in Ohio to be aware of the WARN Act and its requirements, as failure to comply with the law can result in significant penalties. Employers who violate the WARN Act may be required to pay back wages and benefits to affected employees, as well as a civil penalty of up to $500 for each day of violation. In addition, employees who are not provided with the required notice may be entitled to file a lawsuit against their employer for damages.

In conclusion, the WARN Act in Ohio provides important protections for employees in the event of a plant closing or mass layoff. Employers in Ohio should familiarize themselves with the requirements of the WARN Act and ensure that they are in compliance with the law to avoid potential penalties and legal action. By understanding the exceptions and exemptions that apply to the WARN Act in Ohio, employers can protect their employees and their businesses in the event of a workforce reduction.

How has the WARN Act evolved over time in Ohio?

The Worker Adjustment and Retraining Notification (WARN) Act is a federal law that requires employers to provide advance notice to employees in the event of a plant closing or mass layoff. The purpose of the WARN Act is to give employees and their families time to prepare for the loss of employment and to seek alternative employment or training opportunities. While the WARN Act is a federal law, many states have their own versions of the law that provide additional protections for workers. In Ohio, the WARN Act has evolved over time to better protect workers in the state.

The WARN Act was first enacted in Ohio in 1988 and has undergone several changes since then. One of the most significant changes to the law came in 2003 when the Ohio General Assembly passed Senate Bill 171, which amended the WARN Act to provide additional protections for workers. Under the amended law, employers are required to provide 60 days’ notice to employees in the event of a plant closing or mass layoff. This notice must be given to affected employees, their union representatives, and the Ohio Department of Job and Family Services.

In addition to providing advance notice, the amended WARN Act also requires employers to provide certain information to employees, including the reason for the plant closing or mass layoff, the number of employees affected, and the expected date of the layoff. This information is intended to help employees understand why they are losing their jobs and to assist them in finding new employment.

Another important change to the WARN Act in Ohio came in 2011 when the Ohio Supreme Court ruled in the case of International Steel Group v. State of Ohio that the law applies to temporary layoffs as well as permanent layoffs. This ruling was significant because it meant that employers could no longer avoid the requirements of the WARN Act by laying off employees temporarily rather than permanently.

Overall, the evolution of the WARN Act in Ohio has been positive for workers in the state. The law now provides more protections for employees facing plant closings or mass layoffs and requires employers to provide more information to affected workers. These changes have helped to ensure that workers in Ohio are better prepared for the loss of employment and have more opportunities to find new jobs or training programs.

In conclusion, the WARN Act in Ohio has evolved over time to better protect workers in the state. The law now requires employers to provide 60 days’ notice to employees in the event of a plant closing or mass layoff and to provide additional information to affected workers. These changes have helped to ensure that employees in Ohio have more time to prepare for the loss of employment and to seek alternative opportunities. Overall, the WARN Act in Ohio is an important tool for protecting workers and ensuring that they are treated fairly in the event of a layoff.

Q&A

1. What is the WARN Act in Ohio?
The WARN Act in Ohio is a state law that requires employers to provide advance notice of mass layoffs or plant closings.

2. How many employees trigger the WARN Act in Ohio?
The WARN Act in Ohio applies to employers with 100 or more full-time employees.

3. How much notice must employers give under the WARN Act in Ohio?
Employers covered by the WARN Act in Ohio must provide at least 60 days’ notice before a mass layoff or plant closing.

4. What qualifies as a mass layoff under the WARN Act in Ohio?
A mass layoff under the WARN Act in Ohio is defined as a reduction in force that results in the termination of at least 50 employees within a 30-day period.

5. Are there any exceptions to the notice requirement under the WARN Act in Ohio?
Yes, there are exceptions to the notice requirement under the WARN Act in Ohio for unforeseeable business circumstances or natural disasters.

6. What are the consequences for failing to comply with the WARN Act in Ohio?
Employers who fail to comply with the WARN Act in Ohio may be liable for back pay and benefits for each day of violation.

7. Can employees file a lawsuit for violations of the WARN Act in Ohio?
Yes, employees can file a lawsuit for violations of the WARN Act in Ohio to seek damages for lost wages and benefits.

8. Are there any additional requirements for employers under the WARN Act in Ohio?
Employers covered by the WARN Act in Ohio must also notify the Ohio Department of Job and Family Services and local workforce development boards.

9. How can employers ensure compliance with the WARN Act in Ohio?
Employers can ensure compliance with the WARN Act in Ohio by carefully reviewing the law, providing timely notice to employees, and consulting with legal counsel if needed.

Conclusion

In conclusion, understanding the WARN Act in Ohio in 2025 is crucial for both employers and employees to ensure compliance with the law and protect workers’ rights in the event of mass layoffs or plant closures. It is important for businesses to stay informed about any updates or changes to the legislation to avoid potential legal issues and maintain a positive relationship with their workforce.