State WARN laws beyond California: what HR leaders need to know
Part of our guides to leading a layoff with humanity, dignity and care. See the six principles behind every guide.
Most HR leaders know the federal WARN Act: generally 100 or more employees, 60 days' notice, and specific triggers for plant closings and mass layoffs. Fewer know how many states have added rules of their own, or how different those rules can be.
This guide covers the state laws most likely to affect a mid-sized employer outside California. For California, see our California WARN Act guide.
This guide is general information about state law as of October 2026, not legal advice. Have employment counsel confirm the rules in every state involved.
- Smaller employers. Some states cover employers with 50 or 75 employees, not 100.
- Smaller layoffs. Some are triggered by as few as 15 or 25 employees.
- Longer notice. New York and New Jersey require 90 days, not 60.
- Severance. New Jersey requires severance in covered layoffs, and Maine in covered closings and relocations, on top of notice.
- More in the notice. Several states require more detail, such as the reason, contact information or how to apply for unemployment.
| State | Who is covered | Notice | What stands out |
|---|---|---|---|
| Delaware | 100 or more employees | 60 days | The notice must list each affected worker's contact details and describe severance, payouts and retirement options. Civil penalties apply. |
| Illinois | 75 or more employees | 60 days | Can be triggered by as few as 25 full-time employees. |
| Maine | Establishments with 100 or more employees | 90 days for a closing or relocation | When a covered establishment closes or relocates, severance of one week's pay per year of service for employees with at least three years. |
| Maryland | 50 or more employees | 60 days | Covers reductions of 25% or 15 employees, whichever is greater, within three months. Penalties up to $10,000 a day. |
| New Jersey | 100 or more employees, counted nationwide | 90 days | 50 or more terminations in 30 days, counting all New Jersey locations together. Mandatory severance of one week's pay per year of service, plus four more weeks if notice is short. |
| New York | 50 or more full-time employees in New York | 90 days | A closing affecting 25 or more employees can trigger it. The state's filing system also asks whether technology or automation contributed to the layoff. |
| Ohio | Same as federal WARN | 60 days | In effect since September 29, 2025. Notices must include more detail, such as the reason, how to apply for unemployment and an employer contact, and go to both city and county officials. |
| Washington | 50 or more full-time employees in Washington | 60 days | In effect since July 27, 2025. A mass layoff of 50 isn't limited to one site, and special protections apply to employees on state paid family or medical leave. |
Also check
Hawaii, Iowa, New Hampshire, Tennessee, Vermont and Wisconsin also have their own layoff notice laws. A federal bill introduced in 2025, the Fair Warning Act (H.R. 5761), would lower the federal threshold to 50 employees and extend notice to 90 days. As of this guide's last update, it had been introduced but not passed.
- Check each state on its own terms. A layoff that doesn't trigger federal WARN can still trigger a state law, and the reverse.
- Count remote employees carefully. They may count toward the site they report to, and state rules can differ. See our guide to remote and video layoffs.
- Watch the time windows. Some states combine separate layoffs over 30 or 90 days, or longer, when counting toward a trigger.
- Plan to the longest notice period. If New York or New Jersey is involved, the timeline starts at 90 days.
- Use state-specific notices. Each state has its own required content and recipients.
- Budget for required severance. In New Jersey, it is owed whether or not someone signs a release.
- Tell employees before the filing goes public. Many states publish WARN notices online, sometimes before employees have heard from their employer. Time the conversations so no one learns from a state website or the news.
Notice laws exist so people have time to prepare. That time only helps if it is used.
- Tell people in a conversation, not just a letter. The written notice should arrive with a person, not instead of one.
- Start support on the day they are told. Not on their last day, 60 or 90 days later.
- Make time for the search. If people keep working through the notice period, give them time for interviews and coaching.
- Be clear about what happens next. Last day, pay, benefits and severance, in writing, from the first day. Say whether people will keep working through the notice period or be paid without working.
Before a layoff in more than one state
- List every state where affected employees work, including remote employees.
- Check federal WARN and each state's law separately.
- Set the timeline to the longest notice period that applies.
- Prepare state-specific notices and recipient lists.
- Time conversations so employees hear before any notice is published.
- Budget for any required severance.
- Plan conversations so no one learns from a letter alone.
- Start support on the day people are told.
- Have employment counsel review every notice.
The law sets the minimum. How people are treated during those 60 or 90 days is up to you.
Notice gives people time. Support helps them use it.
A compliant notice protects the organization. It doesn't tell anyone what to do next. The days after people are told are when support matters most.
That is the work we do. Layoff Planning & Execution builds the timeline, the notices and the plan for each state with you, alongside your counsel. Transition & Career Coaching gives each person leaving their own coach, from the first hour until they land.