Ohio Enacts Mini-WARN Act Requiring Notice Components in Addition to Federal WARN

On July 1, 2025, Ohio Governor Mike DeWine signed House Bill No. 96, most of which related to the state’s operating budget for fiscal year 2026-2027. However, the bill also added a new code section that includes a state mini-WARN Act requiring employers to provide 60 days’ advance notice to employees, unions, and certain government officials whenever a “mass layoff” or “plant closing” occurs. The provision goes into effect on September 29, 2025.

The Triggers for the Ohio WARN Track Fed WARN

Section 4113.31 incorporates the requirements of Fed WARN and states that “the requirements specified in this section do not establish a different standard than that established by federal statutes and regulations.” Ohio Rev. Code § 4113.31(B). The statute also incorporates the meanings of “employer,” “mass layoff,” and “plant closing” from Fed WARN.

In one section, the statute interprets Fed WARN as requiring notice if: (1) the employer employs 100 or more employees who in the aggregate work at least 4,000 hours a week; and (2) the employer lays off 50 or more employees at a single site of employment during any 30-day period. Ohio Rev. Code § 4113.31(B). However, a “mass layoff” under Fed WARN also requires that the full-time employees being separated make up at least 33% of the total number of full-time employees at the single site of employment. Fed WARN also may require aggregation of layoffs at a single site of employment over a 90-day period. Despite these omissions in the interpretive portion of the law, the sections of the statute actually addressing the notice requirements indicate that notice is triggered under Ohio WARN when there is a “plant closing” or “mass layoff,” as defined by Fed WARN.

Similar to Fed WARN, Ohio WARN requires 60 days advance notice to the affected employees, union representatives of affected employees, and the state Director of Job and Family Services (Ohio’s dislocated worker unit).

Ohio WARN Has Notice Elements in Addition to Those Required by Fed WARN

Unlike Fed WARN, Ohio WARN requires notice to the chief elected official of both the municipal corporation and the county where the plant closing or mass layoff is to occur. Fed WARN only requires notice to the unit of local government to which an employer directly paid the highest taxes in the prior year. Other elected officials need not receive notice under Fed WARN.

Under Ohio WARN, additional notice elements are required in the notices to unions, non-represented employees, and government officials as reflected in bold below. If affected employees are represented by a union, the notice must contain the following information under Ohio WARN:

1. The location of the facility affected by the plant closing or mass layoff;
2. A detailed statement explaining the reason for the plant closing or mass layoff and whether it will be permanent or temporary;
3. The expected date when the plant closing or mass layoff will commence and the anticipated date on which the employees’ employment will cease; and
4. The total number of employees affected by the plant closing or mass layoff, including the employees’ job titles or positions and any department or division impacted.
    

If affected employees are not represented by a union, individual employee notices must contain the following under Ohio WARN:

1. A detailed statement explaining the reason for the plant closing or mass layoff and whether it will be permanent or temporary;
2. The expected date when the plant closing or mass layoff will commence and the anticipated date on which the employees’ employment will cease;
3. An indication as to whether an affected employee has bumping rights or other reemployment rights under a collective bargaining agreement or a company policy, including any procedures for exercising those rights;
4. Information on how affected employees can access unemployment insurance benefits and other assistance programs;
5. The name, title, and contact information of an employer representative who can answer questions about the plant closing or mass layoff; and
6. Information about any available services for an affected employee, including job placement assistance, retraining programs, or counseling services.
    

The notices to the Director of Job and Family Services and chief elected officials must contain all of the information included in the notices to the union and individual employees along with the following:

1. A description of any action taken or planned to mitigate the impact of the plant closing or mass layoff, including any efforts to secure alternative employment or training for affected employees;
2. The name of each employee organization representing affected employees, and the name and address of the chief elected officer of each organization; and
3. A copy of the notice provided to affected employees or their representatives, as applicable.
    

Unlike Fed WARN, Ohio WARN does not appear to include a “short-form” option for the publicly available notice to the state and local officials. Fed WARN’s short-form notice option allows the employer to maintain certain required information, including the job listing of affected employees, on site and readily available rather than sending that information to the government entities. Further, it is unclear whether copies of all of the individual notices to affected employees must be provided to the state and local government officials or only one sample notice. The notices may vary from employee to employee, particularly if separations are to occur on different dates. However, it would be impractical for the statute to require employers to provide copies of dozens or even hundreds of individual notices to three separate government officials, and the statute asks for a copy of the singular “notice” to affected employees, suggesting that a sample notice would suffice. The statute indicates that the Director of Job and Family Services may issue guidance and procedures for the submission of notices by employers, and this guidance, if issued, may provide clarity on this particular requirement.

Penalties for Non-Compliance

Ohio WARN incorporates the potential penalties and damages that affected employees may seek under Fed WARN. It does not include a civil penalty recoverable by the state or any provision permitting the state or a unit of local government to sue for violations.

Next Steps

Like Fed WARN, Ohio WARN involves complicated questions about whether a notice obligation exists, who must be counted, when notice must be given, and the elements of the notice. Potential action items for employers include:

• Plan reductions in force sufficiently in advance to comply with any Ohio WARN notice obligations. Ohio WARN requires notice elements that are more detailed than Fed WARN in many respects, and reserving additional time to prepare the notices may be important.
• Review and update any policies or other documents regarding reductions in force, layoffs, or protocols for closures to account for Ohio WARN requirements, including the additional notice elements.
• Provide training to personnel involved in reductions in force, layoffs, and closures to make them aware of the Ohio WARN requirements. Management, HR, and legal representatives should be trained to recognize situations involving potential Ohio WARN notice obligations so that sufficient notice may be provided.
• Consult experienced counsel before implementing layoffs or closures in Ohio. Fed WARN includes exclusions for employees who are not “countable” towards WARN notice thresholds as well as exceptions for unforeseeable business circumstances, faltering companies, and natural disasters, which Ohio WARN incorporates. There are also complicated questions about how to account properly for remote workers and WARN aggregation periods that can result in unexpected notice obligations. Such conversations should occur before individuals are laid off to manage notice obligations and to avoid retroactive notice triggers and other situations that may result in a WARN violation.