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What does the WARN Act require in a US mass layoff?

Employers with at least one hundred employees must give sixty days' written notice of a plant closing or mass layoff. Failure to give notice creates liability for pay and benefits for the missing period.

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What the source says

  • 29 U.S.C. 2102: sixty days' written notice before a plant closing or mass layoff.
  • 29 U.S.C. 2101: the threshold is one hundred employees, with definitions of site and affected numbers.
  • 29 U.S.C. 2104: liability for pay and benefits for each day of missing notice, up to sixty days.

Source rows

For the employer · How the employer puts the question

Count the thresholds per site and give notice before the decision takes effect, state mini-WARN laws may apply in parallel.

For the employee · How the employee puts the question

Notice must be written and individual or addressed to the representative, oral information is not enough.

Next step

Read WARN together with the EU collective redundancies rules, the comparison shows two techniques for the same protection.

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The rows reproduce what the source says. They are not legal advice, and applying them to a specific case is the reader's or their counsel's decision.

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