Across the United States, a steady wave of high‑profile layoffs across multiple industries has brought renewed attention to the legal frameworks that govern how employers must communicate workforce reductions. Employers responding to changing economic conditions with workforce reductions should be aware of their legal obligations under federal law, and potentially under state law as well.
The Federal WARN Act
Generally, the federal Worker Adjustment and Retraining Notification Act (WARN) Act requires covered employers to provide at least 60 days’ advance written notice of (1) a plant closing (a shutdown of a single site of employment resulting in job loss for 50 or more employees during a 30-day period); or (2) a mass layoff (a reduction in force at a single site of employment during a 30-day period affecting 500 or more employees or 50-499 employees, if they constitute at least 33% of the employer’s total active workforce at a single site of employment). The WARN Act applies to employers with 100 or more employees (excluding part-time workers) or 100 or more employees (including part-time employees) who collectively work at least 4,000 hours per week, exclusive of overtime hours.
State Laws: “mini-WARN” Acts
A growing number of states have adopted their own “mini‑WARN” laws that expand notice requirements or cover workforce reductions that are not subject to the federal WARN Act. Employers, especially those operating across multiple states, should understand their legal obligations under all applicable state laws, as well as how they interact with federal WARN requirements.
The Ohio WARN Act
Ohio recently enacted a state WARN Act, effective as of September 29, 2025. The Ohio WARN Act largely mirrors the federal law by requiring companies with 100 or more employees to give at least 60 days’ advance notice before conducting a mass layoff or plant closure.
However, this Act is broader than federal law in that employers must provide 60 days’ notice to employees before conducting a layoff of fifty or more employees at a single site of employment during any 30-day period. Despite some ambiguities in the law, according to the Ohio Department of Job & Family Services (ODJFS), Ohio follows the federal requirement that a mass layoff must affect at least 50 employees and comprise 33% of the workforce at a single site.
In addition, the Ohio WARN Act requires employers to provide more detailed notices compared to federal law and to send the notice to the ODJFS, plus the chief elected officials of both the municipality and the county where the plant closure or layoff is occurring.
New Notice Requirements for Layoffs Caused by AI or Technological Innovation
Several states have enacted new layoff requirements or issued guidance specifically geared toward layoffs related to employer adoption of AI or other technological innovation.
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New York: Following 2025 amendments to New York’s WARN Act, the state Department of Labor updated its WARN Act notice form to include a mandatory checkbox asking whether the job losses are related to technological innovation or automation. If the box is checked, the form prompts employers to select which of the technologies were implemented (i.e. AI, robotic processes and/or automation, etc.).
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California: On May 21, 2026, Governor Gavin Newsom signed Executive Order N‑6‑26, directing various California agencies, departments and industry partners to study how AI may disrupt California’s labor market and impact various demographic groups. The executive order also directs California’s Labor and Workforce Development Agency to recommend revisions and updates to the California WARN Act to provide early warning data on emerging industry trends.·
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Connecticut: In February 2026, Connecticut enacted Substitute Senate Bill (SB) No. 5, which contains a new WARN Act disclosure requirement. Effective October 1, 2026, covered employers must provide written notice when AI is a factor in employment decisions, including the discharging of employees. In addition, starting on October 1, 2027, employers that use automated technology in employment decision making must provide impacted employees or applicants with advance written notice.
By contrast, the federal WARN Act does not require employers to disclose whether a workforce reduction is related to AI or other technological advancements.
Conclusion
It is critical for employers undertaking plant closures or mass layoffs to understand their existing legal obligations under both federal WARN Act and applicable state laws. Employers would also be wise to remain alert to the passage of any new “mini-WARN” laws in states where they operate.
As AI becomes more integrated into employment decision making, employers also must ensure that its use aligns with both existing and evolving WARN-related requirements. If you have questions about how these requirements may affect your workplace policies or compliance obligations, please contact any K|W|W attorney.
