Ohio Enacted a mini-WARN Act; However, It’s Anything But Small

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Patricia Tsipras

September 19, 2025

The federal Worker Adjustment and Retraining Notification Act  (WARN Act) requires covered employers (generally, employers with 100 or more employees) to provide notice to employees in the event of certain plant closings or mass layoffs, giving employees time to prepare for unemployment and seek new jobs or retraining opportunities.  Some states have mini-WARN laws, designed to bring the same obligations to employers of smaller sizes.  See, for example, our article about Washington State’s mini-WARN Act here.

A recently-enacted law in Ohio does not extend the federal WARN Act to smaller employers, but requires Ohio employers already covered by the federal WARN Act[1] to notify additional individuals and to include additional information in their notices.  See Ohio House Bill 96.  The new law is effective on September 29, 2025.

Notice to Additional Individuals
In addition to sending notices to the individuals/entities that the federal WARN Act requires, Ohio’s law requires covered employers to notify the chief elected official of the municipal corporation where the plant closing or mass layoff will occur, as well as the chief elected official of the county where the covered plant closing or mass layoff will occur.

Additional Information to Include in Notices
If a union represents impacted workers, the WARN notice must include the following information, in addition to the information that the federal WARN Act requires:

1. a detailed statement explaining the reasons for the plant closing or mass layoff
2. the impacted departments or divisions within the company

If a union does not represent the impacted workers, the WARN notice must include the following information, in addition to the information that the federal WARN Act requires:

1. a detailed statement explaining the reason for the plant closing or mass layoff
2. whether an impacted worker has reemployment rights under a collective bargaining agreement or a company policy, including any procedures for exercising those rights
3. information regarding how impacted workers can access unemployment insurance benefits and other assistance programs
4. information regarding any available services for an impacted worker, including job placement assistance, retraining programs, or counseling services

The notice issued to the county and municipal chief elected officials, as well as to the director of Ohio’s Job and Family Services (which handles rapid response activities) must include the following information, in addition to the information that the federal WARN Act requires:

1. a description of any action taken or planned to mitigate the impact of the plant closing or mass layoff, including any efforts to secure alternative employment or training for impacted workers
2. a copy of the notice provided to impacted workers or their representatives, as applicable

Penalties
Ohio’s mini-WARN law incorporates the penalties of the federal WARN Act; it does not expand on them.  Thus, employers who violate Ohio’s mini-WARN law can be liable for back pay and benefits for up to 60 days, civil penalties, and reasonable attorney’s fees.

Ohio Employer Takeaways
Layoffs and closures involve tough decisions and thorny issues.  In addition to the complexities of the federal WARN Act, you now have to ensure compliance with state WARN laws, like Ohio’s.  You always should seek counsel when considering a layoff or closure.  However, there are some things that you can do on your own to prepare.

Give yourself plenty of time to plan a layoff or closure and to execute on that plan.  To the extent that you maintain protocols relating to layoffs or closures, update them to include the requirements of state law.  Train any personnel involved with layoffs or closures regarding the requirements of the Ohio WARN law.

The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, Ohio, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.

[1] See the Employer’s Guide to Advance Notice of Closings and Layoffs on the U.S. Department of Labor’s website, here, for the coverage, notice, and other details of the federal WARN Act.