Ohio State WARN Act
On September 29, 2025, Ohio employers became responsible for yet another employment law, Ohio Revised Code § 4113.31, also known as the Ohio WARN Act. This state-specific law provides similar protections as the federal Worker Adjustment and Retraining Notification Act (WARN Act), which requires 60 days’ advance notice for certain layoffs and plant closings.
The WARN Act and its state counterparts (often called Mini-WARNs) were enacted to ensure employees have at least 60 days to begin searching for their next job opportunity. This also enables local communities to prepare for potential economic impacts.
Ohio employers should make sure they have processes in place that comply with the provisions of the Ohio WARN Act to avoid financial penalties resulting from nonadherence.
What is the Ohio WARN Act?
On July 1, 2025, Ohio Governor Mike Dewine signed House Bill No. 96, which noted the new requirements of the Ohio WARN Act. The law went into effect on September 29, 2025, and will be overseen by the Ohio Department of Job and Family Services (ODJFS).
The Ohio WARN Act is like the federal WARN Act in that it requires employers to provide at least 60 days’ notice of mass layoffs or plant closings to employees, unions/authorized employee representatives, and select government officials. Here are the most notable differences between the federal WARN Act and the Ohio WARN Act:
The Ohio WARN Act notices must include a detailed statement explaining the reason for the closure or mass layoff and information about support available for impacted employees; and
In addition to giving notice to the Director of the ODJFS, which is required by federal WARN, Ohio employers must also provide notice to the chief elected officer of the county in which the mass layoff of plant closing occurs.
When does the Ohio WARN Act apply?
The Ohio WARN Act states that its provisions “do not establish a different standard than that established by federal statutes and regulations.” Further, it explains that notice is required under the Ohio WARN Act when an employer:
Employs 100 or more employees who collectively work at least 4,000 hours a week; and
Conducts a plant closing or lays off 50 or more employees at a single site of employment during any 30-day period.
The Ohio WARN Act also states that it follows the federal WARN Act’s definitions of “employer,” “mass layoff,” and “plant closing,” as defined in this article. However, there is some discrepancy regarding the term “mass layoff.”
The Ohio WARN Act doesn’t plainly state whether the 33-percent threshold applies. Under the federal WARN Act, a “mass layoff” occurs when an employer lays off 50 or more full-time employees at a single site of employment AND the total number of laid-off employees equals at least 33 percent or more of the total headcount at that site. This is not explicitly stated in the text of the Ohio WARN Act, leaving some uncertainty that we expect to be clarified when the state issues further guidance.
The federal WARN Act also states that layoffs at a single site of employment should be aggregated over a 90-day period, whereas this is not directly mentioned in the Ohio WARN Act. We expect the ODJFS to clarify these items when it issues further guidance regarding the state-specific WARN Act.
When do Ohio WARN Act notifications need to be sent?
Like the federal WARN Act, Ohio WARN requires employers to provide at least 60 days’ written notice before a qualifying event.
Who must employers notify to comply with the Ohio WARN Act?
When an event triggers the Ohio WARN Act, employers must provide a minimum of 60 days’ notice to:
Impacted employees;
Unions or authorized employee representatives (if applicable);
The Director of the Ohio Department of Job and Family Services (ODJFS) (i.e. the chief elected official of the municipal corporation in which the event will occur); and
The chief elected official of the county in which the plant closing or mass layoff will occur.
What should the Ohio WARN notice include?
The content of the Ohio WARN notice depends on the recipient. Below are the notice content expectations, as outlined in House Bill No. 96, for employees, authorized representatives/unions, and government officials.
It’s also important to note that House Bill No. 96 includes the following disclaimer language: “The director of job and family services may issue guidance and procedures for the submission and review of notices by employers.” Employers should be on the lookout for additional guidance when the Ohio WARN Act goes into effect.
Notice to individual employees
For employees not represented by a union or another authorized representative, House Bill No. 96 mandates the following notice requirements:
A detailed statement explaining the reason for the plant closing or mass layoff and whether it will be permanent or temporary;
The expected date when the plant closing or mass layoff will commence and the anticipated date on which the employees' employment will cease;
An indication as to whether an affected employee has bumping rights or other reemployment rights under a collective bargaining agreement or a company policy, including any procedures for exercising those rights;
Information on how affected employees can access unemployment insurance benefits and other assistance programs;
The name, title, and contact information of an employer representative who can answer questions about the plant closing or mass layoff; and
Information about any available services for an affected employee, including job placement assistance, retraining programs, or counseling services.
Notice to unions / authorized representatives
House Bill No. 96 provides the following notice requirements to affected employees’ authorized representatives:
The location of the facility affected by the plant closing or mass layoff;
A detailed statement explaining the reason for the plant closing or mass layoff and whether it will be permanent or temporary;
The expected date when the plant closing or mass layoff will commence and the anticipated date on which the employees' employment will cease; and
The total number of employees affected by the plant closing or mass layoff, including the employees' job titles or positions and any department or division impacted.
Notice to Ohio officials
Also, in accordance with 29 U.S.C 2102(a)(2), employers shall provide written notice of a plant closing or mass layoff to the Director of the Ohio Department of Job and Family Services (ODJFS) and to the chief elected official of the county where the plant closing or mass layoff is to occur. The written notice shall include the information outlined in the sections above, as well as:
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 affected employees;
The name of each employee organization representing affected employees, and the name and address of the chief elected officer of each organization;
A copy of the notice provided to affected employees or their representatives, as applicable.
Note that we interpret this to mean that the sample form notice must be provided, rather than copies of each individual notice provided to affected employees or their authorized representative.
Does the Ohio WARN Act include a short-form option?
The federal WARN Act includes a short-form option, which enables employers to maintain certain relevant information at the worksite rather than providing it to the government at the time of the notice. The Ohio WARN Act does not currently include any language regarding a shortform approach, so employers should plan to submit the list of affected job titles and their departments unless further clarification is provided.
Note that the text of House Bill No. 96 also includes the following: “The director of job and family services may issue guidance and procedures for the submission and review of notices by employers.” We hope some of these areas of ambiguity become clearer after guidance has been issued.
Are there exceptions to the Ohio WARN Act?
Yes. The Ohio WARN Act has the same exceptions as the federal WARN Act. This means that unforeseeable business circumstances, faltering business, and natural disasters may shorten the 60-day notice period.
In addition, companies aren’t required to provide notice when a plant closing or mass layoff results from a strike or lockout, per 29 U.S.C. 2103 and 20 C.F.R. 639.5(d).
What if an employer does not comply with the Ohio WARN Act?
The penalties for noncompliance with the Ohio WARN Act are the same as those for the federal WARN Act. This means employers are responsible for employee pay and benefits for each day of the violation, plus up to a $500 penalty per day.
Impacted employees, employee representatives, and/or government officials may also choose to file civil actions, which can become costly.
How does Onwards HR help employers comply with state-specific offboarding laws?
Onwards HR helps employers proactively navigate state-specific offboarding laws, including requirements related to the WARN Act, separation notices, severance packages, and more. These are among the many features of Onwards HR’s offboarding compliance platform for people-focused employers.
Offboarding has many moving parts, and Onwards HR helps employers manage it all in a single, centralized platform. If your company wants to develop an offboarding process that is both compliant and compassionate, Onwards HR can help. Schedule a meeting today!
