On July 1, 2025, Ohio became the 15th state to enact a “Mini-WARN” Act when Governor Mike DeWine signed Ohio House Bill 96, the biennial budget bill, into law. The new statute, codified at Ohio Revised Code § 4113.31, takes effect on Sept. 29, 2025, and introduces expanded notice obligations for employers facing plant closures or mass layoffs.
Federal requirements
The federal Worker Adjustment and Retraining Notification Act (WARN) was enacted to give workers and communities time to prepare for the economic impact of significant job losses. Under the federal WARN Act, employers with 100 or more full-time employees must provide at least 60 calendar days’ written notice before a plant closing or mass layoff if one of the following conditions are met:
- A plant closure affects 50 or more employees at a single site of employment in a 30-day period; or
- A mass layoff results in job losses of 50 or more employees, provided that number represents at least 33% of the workforce, or the job loss affects 500 or more employees during any 90-day period
If WARN is triggered, employers must notify affected employees, their union representatives (if applicable), local government officials and state dislocated worker units. Failure to comply can result in penalties of up to 60 days of backpay and benefits per affected employee.
New requirements under R.C. 4113.31
Like the federal WARN Act, Ohio’s new law applies to employers with 100 or more employees. When there is a qualifying employment loss, Ohio requires employees to be notified 60 days in advance. However, employers in Ohio need to be aware of several key differences.
Unlike the federal WARN Act, Ohio’s Mini-WARN statute does not require that the laid-off employees comprise at least 33% of the workforce. This means that any layoff of 50 or more employees at a single site within a 30-day period triggers the notice requirement, regardless of the total workforce size.
Ohio’s Mini-WARN also modifies the content and necessary recipients of WARN Notices. When a plant closing or mass layoff occurs, employers in Ohio must send WARN Notices to any union representative, affected employees and select government officials. Ohio’s law expands the list of required recipients. In addition to notifying affected employees and union representatives, employers must also send notices to the Director of Ohio Department of Job and Family Services, the chief elected official of the municipality and the chief elected official of the county where the layoff or closure occurs.
The Ohio Mini-WARN Act outlines specific content requirements for the notices sent to union representatives, affected employees and government officials. These requirements are tailored to each recipient group and include more information than those required under federal WARN, as follows:
Notice to union representatives
- The location of the affected facility
- The reason for the plant closing or mass layoff and whether the employment loss is permanent or temporary
- The start date of the plant closing or mass layoff
- The total number of affected employees by job title and department or division
Notice to affected employees
- The reason for the plant closing or mass layoff and whether the employment loss is permanent or temporary
- The expected date of the plant closing or mass layoff and when it is expected to impact the employee
- Whether the employee has bumping or reemployment rights
- Description of unemployment benefits
- Contact information for the employer representative responsible for answering questions
- A description of available support services
Notice to government officials
- All the information provided to union representatives and affected employees
- A description of any actions the employer took to mitigate the impact of the employment loss
- The name and address of any union representatives
- A copy of the notice provided to affected employees
The attorneys at Porter Wright Morris & Arthur LLP regularly advise employers on plant closures, mass layoffs and other related issues. If you have any questions or need assistance, please reach out.