WARN Act 60-Day Notice: What Workers Are Actually Owed at Mass Layoffs

The Worker Adjustment and Retraining Notification Act (WARN) is a federal law passed in 1988 that requires certain employers to give workers advance notice of mass layoffs and plant closings. The Act doesn't mandate severance pay — but it does require either 60 days of advance notice or 60 days of pay in lieu.

Federal WARN coverage

Applies to: employers with 100+ employees (counting full-time only or full-time-equivalents). Triggers: a plant closing affecting 50+ workers OR a mass layoff of 50+ workers at a single site within 30 days when those 50 represent at least 33% of the workforce, OR a layoff of 500+ workers regardless of percentage.

Notice must be in writing and include the expected separation date, whether the action is permanent or temporary, and contact information for further questions.

State mini-WARN laws

Several states have stricter requirements. California's Cal-WARN applies to employers with 75+ employees and triggers at lower layoff thresholds. New Jersey requires 90 days notice plus mandatory severance of 1 week of pay per year of service for affected employees. New York's WARN Act covers employers with 50+ employees and requires 90 days notice. Illinois has a 75-employee threshold and broader triggering events.

For multi-state employers, both federal and state WARN may apply — and the more stringent rule controls for workers in that state.

What workers are owed if WARN is violated

Damages: back pay and benefits for the period of violated notice, up to 60 days (or 90 in mini-WARN states with longer requirements). For an employee earning $150K/year, that's roughly $25K of additional pay above any other severance offered.

Class actions are common when entire layoff cohorts file together. Attorneys' fees are typically recoverable in successful suits. Statute of limitations varies — federal WARN claims must generally be filed within 2 years.

Common WARN-violation patterns

(1) Surprise layoffs with same-day termination and only 30-45 days of severance offered. (2) Asset sales and corporate transactions where the buyer doesn't hire all employees and notice timing was mishandled. (3) Plant closings where management argues the "single site" is multiple smaller facilities to evade WARN's coverage thresholds.

Tech layoffs in 2022-2024 cycles produced multiple WARN class actions, with several large employers settling rather than litigating. Documentation of notice (or absence of it) at the time of separation matters; preserve your termination documents and keep records of the layoff communication.

Action checklist if you suspect a WARN violation

(1) Document the timing: when notice was given, when separation occurred, what was offered. (2) Check whether the employer's headcount and the layoff size meet WARN thresholds. (3) Consult your state department of labor for state-specific requirements. (4) Engage an employment attorney — most WARN cases are class actions and many attorneys take them on contingency.