Ohio Enacts Mini-WARN Act: What Employers Need to Know

On September 29, 2025, Ohio joined 13 other states with its adoption of a “mini-WARN” Act (“Ohio WARN”), which will supplement federal WARN notice requirements for employers anticipating mass layoff events.

Enacted at Ohio Revised Code Section 4113.31, Ohio WARN largely tracks federal WARN standards, however, there are notable differences from federal WARN of which Ohio employers should be aware. In addition, the Ohio WARN statutory language contains a few key ambiguities that may complicate employer compliance with the law until these points are addressed in either a statutory amendment, regulations, or official guidance.

Coverage

Ohio WARN incorporates by reference federal WARN’s definition of “employer,” which in general covers employers who employ at least 100 “full time” employees, excluding “part-time” employees, (each term as uniquely defined in the statute); or alternatively, 100 or more employees (including “part-time”) employees who, in the aggregate, work at least 4,000 hours per week.

However, in a different section of the statute, Ohio WARN then appears to articulate a definition of “employer” that does not align with the federal definition by stating that notice is only required if an employer “employs one hundred or more employees who in the aggregate work at least four thousand hours a week.” This seems to define a covered employer only as one whose 100 employees work the minimum aggregate weekly amount and does not appear to account for the federal WARN’s distinction between “full-time” and “part-time” employees.

Moreover, federal WARN’s calculation of 4,000-aggregate hours excludes any overtime hours worked. In contrast, Ohio WARN does not clearly address whether overtime hours worked are included in this determination, although the introductory statement of this section of the statute provides that the determination is to be made “[i]n accordance with 29 U.S.C 2101(a)(1)(B),” which could be read to suggest that the federal exclusion of overtime hours is applicable. We hope that the state will clarify these ambiguities.

Notice Definitions

Both federal and Ohio WARN require covered employers to provide 60-days’ advance notice in the case of a “mass layoff” or “plant closing,” but the federal and state laws differ slightly in the content requirements of a WARN notice and who must receive such a notice.

As with the definition of “employer,” Ohio WARN explicitly incorporates the federal WARN definitions of “mass layoff” and “plant closing.” Under federal WARN, a “plant closing” occurs when a single workplace is closed permanently or temporarily, and the shutdown results in an employment loss of at least 50 employees during any 30-day period. Under federal WARN, a “mass layoff” occurs when the employer terminates, at a single workplace over any 30-day period, (i) at least 33% of active, full-time employees, and (ii) at least 50 full-time employees. The “33%” requirement does not apply if at least 500 full time employees are affected. In addition, federal WARN has an alternate 90-day aggregation period for employment losses that occur in two or more grouping where neither grouping reaches the trigger threshold on its own and where the groupings are not the result of “the result of separate and distinct actions and causes.”

However, here too, Ohio WARN confusingly seems to require notice in circumstances that do not align with the federal “mass layoff” or “plant closing” definitions by stating that notice is only required if “[t]he employer lays off fifty or more employees at a single site of employment during any thirty-day period.” This statutory provision does not refer to or appear to incorporate the federal WARN “mass layoff” requirement that one-third (33%) of the “full-time” employees employed at the worksite experience a loss of employment. Nor does Ohio WARN appear to incorporate federal WARN’s alternate 90-day aggregation provision, which applies to both “mass layoffs” and “plant closings.” It is not clear if this provision of Ohio WARN (Section 4113.31(C)) is intended to limit or otherwise revise the statute’s explicit incorporation of federal WARN’s definition of “mass layoffs” and “plant closings.” Further statutory amendments, regulations, or official guidance may clarify this ambiguity.

Additional Notice Requirements

Under federal WARN, employers must notify union representatives (if applicable), individual affected employees who are not represented by a union, the state dislocated worker unit, and the “unit of local government” where the affected work site is located.

Ohio WARN tracks these requirements, but it also broadens the notice requirements. Significantly, notices to union representatives and non-represented employees must include a “detailed statement” that explains the reason for the mass layoff or plant closing.

In addition, Ohio WARN notices to non-unionized, individual employees must include:

• Information on how to access unemployment insurance benefits and other assistance programs; and
• Information on any available services for affected employees (e.g., job placement services, retraining programs, counseling, etc.).

Notices to the Director of Job and Family Services and elected local officials must provide, in addition to federal requirements:

• A description of any taken or planned mitigation measures (e.g., efforts to secure alternative employment, training for affected employees); and
• A copy of the notice provided to affected employees and/or their representatives.

In addition to the chief elected official of the municipality where the plant closing or mass layoff is to occur, Ohio WARN, like federal WARN, requires notice be sent to the chief elected official of the county where the plant closing or mass layoff is to occur.

Ohio WARN does incorporate by reference federal WARN’s “exceptions” where the 60-day notice period may be shortened or waived, such as “unforeseeable business circumstances,” “faltering company,” and natural disaster provisions.

Penalties

Ohio WARN Act incorporates the same penalties for non-compliance as federal WARN. Aggrieved employees may seek back pay and employee benefits for each day that the employer was in violation. However, Ohio WARN does not appear to incorporate the civil penalty provisions available to be paid to the state, or address whether state governmental entities may sue employers for non-compliance.

*Taylor Justice, a Summer Associate in Epstein Becker Green’s Columbus office (not admitted to practice), contributed to the preparation of this article.