How much notice must we give before a US layoff or plant closing?
Federal law requires sixty calendar days of written notice, but several states require more and start at a lower headcount. The binding deadline is the longest of the ones that apply to the site in question.
The answer differs between the federal level and the states, see the rows below.
The answer by level
Federal level
Sixty calendar days of written notice before a plant closing or mass layoff, for employers with 100 or more employees.
29 U.S.C. §§ 2101 to 2109, 20 CFR Part 639California
California applies its own notice duty from 75 employees at a covered establishment, with no requirement that a share of the workforce is affected.
Cal. Lab. Code §§ 1400 to 1408New York
New York requires ninety days of notice and applies from 50 employees in the state.
N.Y. Lab. Law § 860-b
Source lines
- The federal act requires sixty days of written notice before a plant closing or mass layoff by an employer with 100 or more employees.
- California applies its own notice duty from 75 employees at a covered establishment.
- New York requires ninety days and applies from 50 employees in the state.
What it means for the company
Plan the calendar backwards from the longest state deadline, because a transaction signed inside the notice period does not shorten it.
| Level | Requirement | Source |
|---|---|---|
| Federal level | Sixty calendar days of written notice before a plant closing or mass layoff, for employers with 100 or more employees. | 29 U.S.C. §§ 2101 to 2109, 20 CFR Part 639 |
| California | California applies its own notice duty from 75 employees at a covered establishment, with no requirement that a share of the workforce is affected. | Cal. Lab. Code §§ 1400 to 1408 |
| New York | New York requires ninety days of notice and applies from 50 employees in the state. | N.Y. Lab. Law § 860-b |
What it means for the individual
Notice is meant to reach you in writing before the last day, and where it is missed back pay is the usual remedy.
Source lines
- Worker Adjustment and Retraining Notification Act29 U.S.C. §§ 2101 to 2109, 20 CFR Part 639 · read 2026-08-25 · proof 1ecb040974a22cae
- California Legislative InformationCal. Lab. Code §§ 1400 to 1408 · read 2026-08-25 · proof 1ecb040974a22caeOfficial source
- New York State SenateN.Y. Lab. Law § 860-b · read 2026-08-25 · proof 1ecb040974a22caeOfficial source
Next step
List every affected site with its state, take the longest deadline per site and set the notice dates before the decision is announced.
This page reports what the sources say, with the identifier and address of the publisher. It is not legal advice and does not decide an individual matter.
Next step
Three ways to put the register to work in your own practice.
Start with your task
Litigation
Find support in a judgment
Search guiding decisions, see what became final and follow changes in the law.
In-house, deals
Map the rules in a transaction
Move from theme to act and on to the article that carries the duty.
Compliance
Assess the risk in a process
Risk scoring per legal area, with the sources behind every score.