BlogLine

Ohio mini-WARN Act expands requirements employers must follow in mass layoffs

3/2/26

By: Kim Ullner

As more layoffs are announced in the news, it’s a good time for Ohio employers to be sure they are complying with federal and state notice requirements. While many human resource officers are familiar with the federal WARN requirements, they may not realize a new law went into effect in Ohio on September 29, 2025. This mini-WARN law supplements the obligations employers have under federal WARN.

The Worker Adjustment and Retraining Notification Act (WARN) was passed in 1988 and generally applies to employers with at least 100 employees. WARN requires covered employers to provide at least 60 days’ notice of plant closures and mass layoffs. Employers who do not provide the requisite notice can be liable for back pay, benefits, and penalties. As a result, failing to follow the requirements set by both federal WARN and Ohio’s mini-WARN can be costly.

When it applies and who is covered

Just as with federal WARN, Ohio’s mini-WARN applies when a covered employer foresees a plant closing or mass layoff (affecting 50 or more employees within thirty days). An employer is covered if it has at least 100 employees (excluding certain part‑time employees as defined by the Act), or if it has 100 or more employees in total whose combined weekly hours exceed 4,000, not counting overtime. Notice is required if the employer meets the 4,000-hour threshold and lays off 50 or more employees at a single site within 30 days. Ohio’s statute omits the federal 33% workforce impact test, creating ambiguity despite language suggesting Ohio’s mini-WARN has a standard that is no different from federal law. It remains to be seen how this ambiguity plays out.

Expanded recipients – who must be notified

Notices must go to all of the following: (1) Affected employees or their union representatives; (2) the Ohio Department of Job and Family Services Director; (3) the chief elected official of both the municipality and the county where the event occurs. Federal WARN does not require separate notice to both municipal and county officials, so this mandate is new for Ohio employers.

 Expanded content – what must be included

Ohio law tailors the content requirements by recipient and expands mandatory details. Union employee notices must include the facility location, whether the action is permanent or temporary, timing, and numbers with job titles and departments.  Non-union employee notices must include reasons, timing, bumping or reemployment rights and procedures, UI and assistance information, a contact, and available services. State and local official notices must include all employee and union information, mitigation efforts, labor organization details, and a copy of the employee notice. Unlike federal WARN, the Ohio statute does not permit a short-form notice to governmental recipients.

Notice Timing and Exceptions

Just as federal WARN, Ohio generally requires 60 days’ advance written notice and adopts federal exceptions. There are recognized exceptions which include unforeseeable business circumstances, faltering business, natural disasters, and strikes or lockouts. However, shortened or delayed notice must be as soon as practicable and explain the reason for notice that is less than 60 days.

Penalties, Remedies, and Enforcement

Failure to follow federal and Ohio mini-WARN requirements can cost employers back pay and benefits for affected employees up to 60 days. Civil penalties up to $500/day for each day of violation, fines, and potential recovery of attorneys’ fees and costs are also available. Ohio’s law does not add a separate state civil penalty or independent state enforcement authority.

Action Items for Employers

To stay compliant, Ohio employers should (1) train HR and legal teams on both federal and Ohio WARN requirements; (2) update reduction in force procedures to address expanded recipients and detailed content obligations; (3) build timelines to ensure delivery of at least 60 days’ notice; (4) consult counsel early; and (5) treat decisions for layoffs/plant closures with heightened scrutiny and document decisions to reduce risk.

For more information, contact Kim Ullner at kimberlee.ullner@fmglaw.com or your local FMG attorney. Freeman Mathis and Gary’s labor and employment attorneys are available to provide assistance to Ohio employers who are considering mass layoffs or plant closures. We can help employers structure their reductions in force to be compliant with both federal and state law requirements.

Information conveyed herein should not be construed as legal advice or represent any specific or binding policy or procedure of any organization. Information provided is for educational purposes only. These materials are written in a general format and not intended to be advice applicable to any specific circumstance. Legal opinions may vary when based on subtle factual distinctions. All rights reserved. No part of this presentation may be reproduced, published or posted without the written permission of Freeman Mathis & Gary, LLP.