Labor & Employment Developments Blog

On September 29, 2025, Ohio’s version of the Worker Adjustment and Retraining Notification Act (“Ohio WARN Act”) officially went into effect. The enactment of this law makes Ohio the latest state to join the growing list of jurisdictions with so-called “mini-WARN” statutes. Although the Ohio WARN Act closely tracks the federal WARN Act, it is not the same and introduces key ambiguities that employers must navigate carefully to avoid costly penalties.  

Sixty-Day Notice Requirement and Exceptions

The Ohio WARN Act mirrors the federal WARN Act’s 60-day advance notice rule for covered employers planning a qualifying layoff or closure. Ohio’s law also adopts the federal WARN Act exceptions, which permit shortened notice periods in limited circumstances, including unforeseeable business circumstances, faltering businesses, natural disasters, and strikes or lockouts. Employers invoking these exceptions should maintain detailed documentation to support any shortened notice period and to mitigate potential liability under both state and federal law.

Coverage Threshold, Triggering Events, and Key Ambiguities

The Ohio WARN Act applies to employers that:

1. Employ at least 100 workers collectively working 4,000 or more hours per week; and
2. Conduct a plant closing or layoff of 50 or more employees at a single site of employment within a 30-day period.

While the statute expressly states that it “does not establish a different standard” than the federal WARN Act, its text introduces two key ambiguities:

• Threshold Ambiguity: Under the federal WARN Act, a “mass layoff” requires that the number of affected employees equals at least 33 percent of the total workforce at the site. The Ohio WARN Act omits this qualifier, suggesting that any layoff of 50 or more employees, regardless of percentage, may trigger notice requirements.
• Aggregation Ambiguity: The federal WARN Act requires employers to aggregate layoffs occurring within a 90-day period when assessing whether notice is required. The Ohio WARN Act is silent on this point, leaving open a question of whether smaller, phased layoffs might trigger notice requirements under state law.

These differences could result in broader coverage and overlapping obligations for Ohio employers, especially those implementing multi-phase workforce reductions.

Expanded Notice Requirements

Beyond timing and coverage, the Ohio WARN Act imposes enhanced notice requirements beyond those mandated by the federal WARN Act.

Employers must provide written notice to:

1. Affected employees or their union representative;
2. The Director of the Ohio Department of Job and Family Services (ODJFS);
3. The chief elected official of the municipal corporation where the event occurs; and
4. The chief elected official of the county where the event occurs.

Content of Notices

For non-represented employees, the notice must include:

• A detailed statement explaining the reason for the closure or layoff;
• Procedures for exercising bumping rights, if applicable;
• Information on accessing unemployment insurance and other public assistance programs; and
• Information on available employee support services, including job placement, retraining, or counseling.

For union representatives, the notice must include:

• A detailed statement explaining the reason for the closure or layoff;
• The number and job titles of affected employees; and
• The departments or divisions impacted.

Unlike the federal WARN Act, the Ohio WARN Act does not authorize a “short-form” notice, meaning employers will likely need to attach detailed employee-level schedules to notices provided to ODJFS and local officials.

Penalties and Enforcement

The Ohio WARN Act incorporates the same remedies and penalties as the federal WARN Act. Employers that fail to provide proper notice may be liable for:

• Back pay and benefits for each day of violation (up to 60 days); and
• Civil penalties of up to $500 per day for failure to notify required government entities.

Although the Ohio WARN Act does not create additional state-level penalties, noncompliance under either statute can quickly become costly.

Key Takeaways for Employers

With the Ohio WARN Act now in effect, employers planning or executing reductions in force, plant closures, or workforce restructurings should take immediate action to ensure compliance. While the Ohio WARN Act statute largely mirrors its federal counterpart, its omission of key federal qualifiers creates heightened compliance requirements for Ohio employers. Employers should proactively review their reduction-in-force strategies, notification procedures, and documentation practices to ensure full compliance under both federal and state law. The KMK Labor and Employment team will continue to monitor developments, including any forthcoming ODJFS guidance or enforcement activity under the new law, and is prepared to assist employers developing and implementing compliant strategies.