What Is the WARN Act?
The Worker Adjustment and Retraining Notification (WARN) Act is a U.S. federal law enacted in 1988 that requires large employers to give workers advance warning before mass layoffs or facility closings. The law's core obligation is simple: if a qualifying layoff is coming, give people 60 days' notice so they have time to find new employment, access retraining programs, and plan financially.
WARN filings are public records. The Respect Index aggregates filings from 15+ states and links them to company profiles so candidates can see layoff history alongside hiring practices data.
Who does it cover?
The federal WARN Act applies when all three conditions are met:
- The employer has 100 or more full-time employees (part-time workers under 20 hours/week generally don't count toward the threshold).
- The layoff constitutes a mass layoff (50+ workers at a single site within 30 days) or a plant closing (shutting a facility that employs 50+ workers).
- Affected workers have been employed for 6 months or more in the prior year.
Many states have extended WARN protections beyond the federal minimum. California's WARN Act applies to companies with 75+ employees (not 100) and uses different layoff thresholds. New York and New Jersey also have broader mini-WARN laws. When a state law is stricter, employers must comply with the stricter version.
What the 60-day notice must include
A valid WARN notice must be sent to three parties simultaneously:
- The affected employees or their union representatives, including the expected layoff date and expected number of workers affected.
- The state dislocated-worker unit, which connects laid-off workers with retraining programs and unemployment services.
- The chief elected official of the local government where the facility is located.
These filings become public records maintained by each state's labor agency. They're the data source behind The Respect Index's WARN tracker.
What happens if an employer doesn't comply?
Employers who fail to provide the required notice may be liable for:
- Back pay and benefits for each affected worker for each day of violation, up to 60 days.
- A civil penalty of $500 per day to the relevant local government for each day of the violation.
There is no federal agency that automatically investigates WARN violations. Enforcement happens through private lawsuits filed by affected workers. The Respect Index notes in company profiles when a WARN filing shows less than 60 days' notice was given.
Frequently asked questions
What is the WARN Act?
The Worker Adjustment and Retraining Notification (WARN) Act is a U.S. federal law enacted in 1988 that requires employers with 100 or more full-time workers to provide at least 60 calendar days' advance notice before conducting a mass layoff or plant closing. The notice must go to affected workers, the state dislocated-worker unit, and the chief elected official of local government.
Who does the WARN Act cover?
The federal WARN Act applies to employers with 100 or more full-time employees who work 20+ hours per week. It covers mass layoffs (50 or more workers at a single site during a 30-day period) and plant closings (shutting a facility with 50+ workers). Part-time workers under 20 hours do not count toward the threshold, and businesses with fewer than 100 workers are generally exempt — though some states have broader mini-WARN laws.
What happens if an employer violates the WARN Act?
Employers who fail to provide the required 60-day notice may owe affected workers back pay and benefits for each day of violation, up to 60 days. They may also face a $500 per-day civil penalty to local governments for each day of violation. However, enforcement is primarily through private litigation — there is no federal agency that automatically investigates violations.
Are there exceptions to the WARN Act?
Yes. The WARN Act includes three exceptions that allow shorter notice: the "faltering company" exception (actively seeking capital when full notice would ruin financing chances), the "unforeseeable business circumstances" exception (sudden, dramatic change the employer could not predict), and the "natural disaster" exception. These exceptions require the employer to explain why full notice was not practical.
Do all U.S. states have WARN Act laws?
The federal WARN Act sets the minimum floor. More than a dozen states have their own "mini-WARN" laws with stricter requirements — California's WARN Act, for example, applies to employers with 75+ employees (not 100) and has different threshold counts for layoffs. New York, New Jersey, Illinois, and other states also have expanded versions. The Respect Index tracks WARN filings from 15+ states.
WARN Act data on The Respect Index is sourced from the U.S. Department of Labor and aggregated via the Big Local News warn-scraper project (Stanford Computational Journalism Lab, Apache 2.0 license), supplemented by direct downloads from state labor agencies. All data is a matter of public record.
Browse WARN Act filings by state or look up a specific company.