Legislative Session 2026 — Pending
2026 WARN Act Legislation
The federal WARN Act hasn't been substantially updated since 1988. Proposals in the 2025–2026 session seek to expand notice periods, lower thresholds, and close gaps for remote and part-time workers.
Disclaimer: Proposed changes reflect bills introduced in the 2025–2026 session. None have been enacted as of March 2026. Consult legal counsel for compliance guidance.
Legislative Timeline
Key milestones in worker notification law
1988
Federal WARN Act signed into law
2003
NY passes first 90-day mini-WARN
2020
NJ mandates severance for violations
2026
Federal reform proposals (pending)
Proposed Federal Changes (2026)
Current law vs. what's being proposed — none yet enacted
| Provision | Current Law | Proposed 2026 | Why it matters |
|---|---|---|---|
| Notice Period | 60 calendar days | 90 calendar days | +30 days for workers to find jobs and enroll in retraining programs. |
| Company Size | 100+ full-time employees | 50+ (including part-time) | Threshold set in 1988; millions of workers at mid-size firms currently unprotected. |
| Mass Layoff Trigger | 50+ at single site, or 33% if <500 | 10+ at a site, or 250+ across all sites | Closes the "distributed layoff" loophole where companies avoid WARN by spreading cuts across sites. |
| Remote Workers | Not explicitly addressed | Counted toward manager's worksite total | Critical for tech firms with distributed teams but minimal physical footprint. |
| Part-time Workers | Excluded from headcount | Included in employee count | Extends protections to ~15–20M additional workers in retail, hospitality, and healthcare. |
| Penalties | 60 days back pay + benefits | 60 days back pay + 30 days liquidated damages | Current penalties equal the notice period cost — no financial deterrent. Extra 30 days changes the calculus. |
| Severance | Not required | Mandated for violations | New damage category for employee lawsuits; NJ has offered this model since 2020. |
Policy researcher insight: Our H-1B/LCA data (5.1M petitions, FY2012–2026) reveals which employers are simultaneously sponsoring foreign workers and filing WARN notices — a key signal for compliance researchers and lobbyists tracking workforce displacement patterns. Explore the labor data hub →
State-by-State Requirements
Employers must comply with whichever law — federal or state — provides greater worker protection
| State / Law | Notice | Threshold | Key Notes |
|---|---|---|---|
| Federal WARN | 60 days | 100+ | Baseline for all states. Applies to plant closings and mass layoffs nationwide. |
| California | 60 days | 75+ | Cal-WARN covers relocations; lower threshold, no single-site minimum count required. |
| Connecticut | 90 days | 100+ | Longer notice; covers relocations of 100+; requires severance assistance. |
| Georgia | 60 days | N/A | Voluntary notification only — no binding state WARN law. |
| Hawaii | 45 days | 50+ | Lower threshold; covers temporary layoffs of 6+ months. |
| Illinois | 60–75 days | 75+ | 75-day notice for 250+ employees; 60 days for 75–249. Lower threshold than federal. |
| Iowa | 30 days | 25+ | Very low threshold (25+); shorter notice but covers far more employers. |
| Maine | 90 days | 100+ | 90-day notice + mandatory severance (1 wk/yr of service). Among strongest state laws. |
| Maryland | 90 days | 50+ | Already mirrors 2026 federal proposals: 90-day notice, 50+ threshold. |
| Massachusetts | 90 days | 50+ | Covers partial closings and relocations. Applies to employees with 6+ months tenure. |
| Michigan | 60 days | 25+ | Same notice as federal but among lowest thresholds in the country. |
| Minnesota | N/A | N/A | No state WARN law. Workers rely entirely on federal protections. |
| New Hampshire | 60 days | 25+ | Lower threshold mirrors Michigan. Same 60-day notice as federal. |
| New Jersey | 90 days | 100+ | Mandatory severance (1 wk/yr of service) for qualifying layoffs regardless of fault. |
| New York | 90 days | 25+ | Strictest in the country: 90-day notice, 25-employee threshold, includes part-time, covers all relocations. |
| Ohio | N/A | N/A | No state WARN law. Federal WARN only. |
| Oregon | 90 days | 100+ | 90-day notice; covers business transfers and relocations. |
| Tennessee | 60 days | 50–99 | Extends WARN to 50–99 employee companies not covered by federal law. |
| Vermont | 45 days | 50+ | Lower threshold; covers relocations more than 50 miles. |
| Wisconsin | 60 days | 25+ | Same notice as federal; 25+ threshold is significantly lower. |
| All other states | 60 days | 100+ | No state-specific WARN law. Federal WARN applies. Includes AL, AK, AZ, AR, CO, DE, FL, ID, IN, KS, KY, LA, MS, MO, MT, NE, NV, NM, NC, ND, OK, PA, RI, SC, SD, TX, UT, VA, WA, WV, WY. |
Pattern: Northeastern states (NY, NJ, CT, ME, MA) and West Coast (CA, OR) have the strongest mini-WARN laws. South and Mountain West largely rely on federal WARN only. The 2026 proposals would raise the federal baseline to match what NY and MD already require.
Labor market context: Compare WARN filings against weekly unemployment claims (109K records, 1984–2026) to see how legislative changes correlate with real job loss patterns. Useful for policy researchers and economists tracking the gap between reported and actual displacement.
Frequently Asked Questions
Common questions about WARN Act legislation and compliance
Yes. If your state has its own mini-WARN law, you must comply with whichever provides greater worker protection. A NY employer with 30 employees wouldn't be covered by federal WARN (100+ threshold) but would be covered by NY WARN (25+ threshold). Always check both.
They have not been enacted as of March 2026. If passed, they would typically include a 90–180 day compliance transition period. Begin planning now if your company has 50–99 employees — you may soon be covered.
Remote workers would be counted toward the employee total for the worksite of their direct supervisor or nominally assigned office. Distributed tech teams should audit worksite assignments now — a single hub could trigger WARN thresholds under the new rules.
Under current law, employers who violate WARN owe up to 60 days of back pay and benefits. The proposed 2026 changes add 30 days of liquidated damages plus mandatory severance. Employees can sue in federal court. Our violation tracker identifies filings that may indicate non-compliance.
Under current federal law, part-time workers (fewer than 20 hrs/week or fewer than 6 months of service) are excluded from the headcount. The 2026 proposals would include them, extending protections to an estimated 15–20M additional workers — particularly in retail, hospitality, and healthcare.
New York has the strictest: 90 days notice, 25-employee threshold, includes part-time workers, covers all relocations. New Jersey and Maine require mandatory severance pay. CT, MD, MA, and OR all require 90-day notice periods. See the state table above for full details.
WARN Firehose aggregates notices from all 50 states into a daily-updated, searchable database. Search the data, view charts and trends, or access filings via our API. Policy researchers can also cross-reference our H-1B/LCA and unemployment claims data for deeper labor market analysis.
Policy researchers & lobbyists: Our data bundle combines WARN notices, H-1B/LCA petitions, and weekly unemployment claims — everything needed to model legislative impact across industries and geographies.