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State Mini-WARN Act Guide: All 50 States
Compare state mini-WARN laws across all 50 states, including notice periods, employee thresholds, and severance rules beyond federal WARN.
The Federal Floor: Where Every State Starts
The Worker Adjustment and Retraining Notification (WARN) Act sets the minimum standard nationwide. Under 29 U.S.C. § 2102, employers with 100 or more full-time workers must provide 60 calendar days of written notice before a plant closing or mass layoff. A "mass layoff" under federal WARN means a reduction affecting 50 or more employees at a single site, per 29 U.S.C. § 2101.
Federal WARN does not require severance pay. The penalty for violation is back pay and benefits for each day of the notice shortfall, up to 60 days, as outlined in 20 CFR Part 639. The U.S. Department of Labor administers compliance guidance.
A critical gap: federal WARN excludes government entities from coverage. The statute also does not apply to employers with fewer than 100 full-time workers, per 29 U.S.C. § 2101. Several states have addressed both of these gaps.
If you are counting your likely severance, start with the layoff calculator and then check whether your state adds protections beyond the federal baseline.
States With Their Own Mini-WARN Laws
A handful of states have enacted laws that go beyond federal WARN. The differences cluster around three variables: employee threshold, required notice period, and whether the state mandates severance pay.
California (Cal-WARN)
California's WARN Act covers employers with 75 or more employees, according to the California Employment Development Department. The threshold is 75 workers, not the federal 100, per the California DIR. Cal-WARN requires 60 days of written notice, matching the federal period. The statute applies to plant closings, mass layoffs, and relocations. California does not mandate severance pay under Cal-WARN, but the notice obligation is broader because of the lower employee count (Cal-WARN overview).
New York (NY-WARN)
New York's WARN Act is among the most protective in the country. NY-WARN covers employers with 50 or more employees, per the NY DOL WARN FAQ. The notice period is 90 days, 30 days longer than the federal requirement (NY DOL WARN page). NY-WARN applies when 25 or more workers are affected, a lower trigger than the federal 50-worker threshold. New York does not mandate severance pay under the statute, but the extended 90-day notice window gives workers more time to prepare.
New Jersey (Millville Dallas Airmotive Plant Job Loss Notification Act)
New Jersey's mini-WARN is unique in requiring both advance notice and mandatory severance pay. The law covers employers with 100 or more workers (NJ DOL WARN). Under N.J.S.A. 34:21-2 (as amended effective April 2023), employers must provide 90 days of advance notice and pay one week of severance per full year of service to every affected worker. The severance obligation applies to all covered mass layoffs, not only when notice is deficient. New Jersey is the only state that ties mandatory severance to its WARN equivalent as a baseline requirement.
Illinois (IL-WARN)
Illinois WARN covers employers with 75 or more full-time employees and requires 60 days of advance notice. The statute (820 ILCS 65) mirrors the federal notice period but lowers the employer-size threshold by 25 workers. Illinois does not mandate severance pay. The statute text is available at 820 ILCS 65.
Pennsylvania
Pennsylvania does not have a standalone mini-WARN statute, but the PA Department of Labor and Industry administers federal WARN compliance and offers guidance for employers. Pennsylvania follows the federal 60-day, 100-employee standard.
State-by-State Comparison Table
The table below covers states known to have enacted mini-WARN laws with at least one provision stricter than federal WARN, plus a sample of states that follow the federal floor. The "Threshold" column shows the minimum employer size; "Notice Period" shows required advance notice.
| State | Mini-WARN Statute | Threshold (Employees) | Notice Period (Days) | Mandatory Severance | Source |
|---|---|---|---|---|---|
| Federal (baseline) | 29 U.S.C. § 2102 | 100 | 60 | No | Cornell LII |
| California | Cal-WARN | 75 | 60 | No | CA EDD |
| New York | NY-WARN | 50 | 90 | No | NY DOL |
| New Jersey | NJ WARN (N.J.S.A. 34:21-1) | 100 | 90 | Yes | |
| Illinois | IL-WARN (820 ILCS 65) | 75 | 60 | No | |
| Wisconsin | WI Business Closing & Mass Layoff Law (Wis. Stat. § 109.07) | 50 | 60 | No | Wis. Stat. § 109.07 |
| Tennessee | TN Plant Closing Act | 50-99 (partial) | 60 | No | |
| Washington | WA Mini-WARN (RCW 50.110, eff. July 27, 2025) | 50 | 60 | No | RCW 50.110 |
| Pennsylvania | None (follows federal) | 100 | 60 | No | PA DLI |
| All other states | None (follows federal) | 100 | 60 | No | DOL overview |
States not listed individually default to federal WARN coverage, meaning the 100-employee, 60-day standard from 29 U.S.C. § 2102 applies. Roughly 40 states fall into this category.
Threshold Differences That Matter for Workers
The gap between 50, 75, and 100 employees is not abstract. A worker at a 60-person company in Texas has zero WARN protection. The same worker in New York is fully covered under NY-WARN's 50-employee threshold, per the NY DOL. In California, coverage kicks in at 75 employees (CA EDD).
The federal statute defines "employer" as a business enterprise employing 100 or more full-time workers, or 100 or more employees who work a combined 4,000 hours per week, per 29 U.S.C. § 2101(a). Part-time employees count toward the 4,000-hour aggregate but not toward the 100-employee headcount under federal law.
State mini-WARN laws often count differently. California's 75-employee threshold under Cal-WARN includes part-time workers who have been employed for at least 6 of the preceding 12 months, per the California DIR. The counting method changes who is protected.
If your employer has between 50 and 99 employees, check your state. Use the layoff calculator to see which rules apply.
Notice Period Differences: 60, 75, or 90 Days
Federal WARN requires 60 days per 29 U.S.C. § 2102. New York requires 90 days, as confirmed by the NY DOL WARN FAQ. New Jersey also requires 90 days of notice, per N.J.S.A. 34:21-2.
Longer notice periods have a direct financial impact. A worker who receives 90 days notice instead of 60 has an extra month to job search while still employed. When employers fail to provide full notice, the remedy under federal WARN is back pay for each day of the shortfall, up to 60 days, per 20 CFR Part 639. State penalties vary but typically follow a similar structure.
Pennsylvania follows the federal 60-day standard, as noted by the PA Department of Labor and Industry.
Public Employer Coverage
Federal WARN explicitly excludes federal, state, and local government employers. The DOL WARN regulation preamble confirms that the statute's definition of "employer" does not include government entities.
Some state mini-WARN laws close this gap, though coverage varies. Workers at state agencies, school districts, or municipal authorities should check whether their state's mini-WARN covers public employers. The federal exclusion means that a public-sector worker in a state without a mini-WARN has no statutory mass-layoff notice right at all.
What This Means for Severance Negotiations
Even in states that follow only federal WARN, the 60-day notice requirement creates a floor for negotiation. An employer that violates the notice period owes back pay under 29 U.S.C. § 2104. Workers can use a WARN violation as a starting point in severance discussions.
In states like New York, the 90-day notice window from NY-WARN gives workers even more room. A company offering 4 weeks of severance to workers who were entitled to 90 days of notice is offering less than the law already guaranteed.
For a personalized estimate of what your severance package should look like, try the severance calculator. Workers in states with mini-WARN protections often have stronger bargaining positions. Our guide on how to negotiate severance covers specific tactics.
Read more about the federal WARN Act 60-day notice rule and how severance pay is taxed to build a complete picture of your situation.
Frequently Asked Questions
What states have mini-WARN acts that go beyond the federal 60-day requirement?
New York and New Jersey both require 90 days of notice, exceeding the federal 60-day standard. New York covers employers with 50 or more employees, per the NY DOL WARN FAQ. California and Illinois lower the employer threshold to 75 workers while maintaining a 60-day notice period (CA EDD). Federal WARN applies in all 50 states as a baseline, per 29 U.S.C. § 2102.
Does the WARN Act require employers to pay severance?
Federal WARN does not require severance pay. The statute at 29 U.S.C. § 2102 requires only 60 days of advance written notice. The penalty for noncompliance is back pay for each day the employer fell short of the 60-day notice window, per 20 CFR Part 639. New Jersey is the only state whose mini-WARN act mandates severance pay (one week per year of service) alongside the 90-day notice requirement. Both obligations apply to all covered mass layoffs under N.J.S.A. 34:21-2.
How many employees must an employer have for WARN to apply?
Federal WARN applies to employers with 100 or more full-time employees, or 100 or more workers logging a combined 4,000 hours per week, per 29 U.S.C. § 2101. State thresholds are lower: California's Cal-WARN covers employers with 75 or more employees (CA EDD). New York's NY-WARN covers employers with 50 or more employees (NY DOL).
Are government employees covered by the WARN Act?
Federal WARN does not cover government employers. The DOL WARN regulation preamble confirms the exclusion of federal, state, and local government entities from the statute's employer definition. Some state mini-WARN laws extend coverage to public employers, but this varies by jurisdiction. Workers at government agencies should check their specific state's law rather than relying on federal WARN protections.
Can an employer pay wages instead of providing WARN Act notice?
Federal WARN does not explicitly authorize "pay in lieu of notice" as a compliance method. The statute at 29 U.S.C. § 2102 requires written notice 60 days before a qualifying layoff event. An employer that fails to give notice owes back pay for each day of the shortfall under 20 CFR Part 639. Some state mini-WARN statutes address pay-in-lieu arrangements more directly, but the specifics vary.
Who receives WARN Act notice when a mass layoff occurs?
Under 29 U.S.C. § 2102, employers must notify three parties: affected employees (or their union representatives), the state dislocated-worker unit, and the chief elected official of the local government where the layoff will occur. The DOL's WARN guidance provides template language. Notice must be in writing and delivered at least 60 days before the layoff date under federal law, or 90 days in New York per the NY DOL.
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