WARN-ing: Ohio’s New Mini-WARN Act Taking Effect

Employers are likely aware of the federal Worker Adjustment and Retraining Notification Act (WARN Act), which mandates employers with 100 or more full-time employees provide a minimum of 60 days written notice before a mass layoff or plant closure in the following circumstances:

• A layoff of more than 500 employees during a 90-day period at a single site or location;
• A layoff of 50 or more employees, if that number represents at least 33% of the site’s total full-time workforce; or
• The closure of a single plant or facility affects 50 or more employees.

While many states have enacted their own, state-specific laws codifying similar WARN Act requirements, Ohio has refrained from doing so, until now.

Ohio’s Mini-WARN Act

Effective September 29, 2025, Ohio’s mini-WARN Act (Ohio Revised Code § 4113.31) adds requirements for employers considering mass layoffs or plant closures. Similar to the federal WARN Act, Ohio’s mini-Warn Act will apply only to employers with 100 or more employees who work, in aggregate, at least 4,000 hours in a week, and requires 60 days’ notice in advance of a qualifying termination event. The new Act specifies that it does not intend to establish any different standards than those established through the federal WARN Act, though there are some key differences.

One major difference is that Ohio’s mini-WARN Act does not require that a single layoff of 50 or more employees comprise 33% of total full-time workers. Instead, any layoff of 50 or more employees at a single site within a 30-day period will require notice under Ohio’s new law.

Expanded Notice Requirements

Ohio’s mini-WARN Act also contains additional notice requirements not contemplated in its federal counterpart. For example, for employees represented by a union, employers must provide a notice to the union representative within the requisite 60-day advance notice period that includes:

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

For employees who do not have union representation, employers must provide a notice within the same 60-day advance notice period that includes:

• A detailed statement explaining the reason for the plant closure or mass layoff and whether it will be permanent or temporary;
• The expected date when the plant closure or mass layoff will commence and the anticipated date on which the employees' employment will cease;
• 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;
• Information on how affected employees can access unemployment insurance benefits and other assistance programs;
• The name, title, and contact information of an employer representative who can answer questions about the plant closure or mass layoff;
• Information about any available services for an affected employee, including job placement assistance, retraining programs, or counseling services.

Further, employers must also send a notice to the director of the Ohio Department of Job and Family Services and the chief elected official of the municipal corporation and the county where the plant closure or mass layoff is to occur. This notice must contain:

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

Penalties for Non-compliance

Like the federal WARN Act, failure to comply with Ohio’s mini-WARN Act can result in penalties against the employer, including back pay and benefits to affected workers for each day the employer is in violation. Accordingly, any employer facing the prospect of a major reduction in force or plant closure should prepare now to comply with Ohio’s new law.

For guidance on navigating Ohio’s mini-WARN Act, the labor and employment attorneys at Mansour Gavin are available for consultation.