Legislative Session 2026 — Pending

2026 WARN Act Legislation

Q: Does my company need to comply with both federal and state WARN laws?

Yes. If your state has its own mini-WARN law, you must comply with whichever law provides greater worker protection.

Q: When would the proposed 2026 changes take effect?

The proposed changes are still working through the legislative process and have not been enacted as of April 2026. If passed, they would typically include a compliance transition period.

Q: How are remote workers counted under the proposed rules?

Remote workers would be counted toward the employee total for the worksite of their direct supervisor or their nominally assigned office.

Q: What happens if an employer violates the WARN Act?

Under current law, employers who violate WARN owe affected employees up to 60 days of back pay and benefits. The proposed 2026 changes would add 30 days of liquidated damages.

Q: Are part-time workers protected by the WARN Act?

Under current federal law, part-time workers are excluded from the employee headcount. The 2026 proposals would include part-time workers, extending protections to millions of additional workers.

Q: Which states have the strictest WARN laws?

New York is among the strictest: 90 days notice for employers with 50 or more full-time employees, triggered by as few as 25 affected employees. New Jersey and Maine require mandatory severance.

Q: How can I track WARN Act filings in real time?

WARN Firehose aggregates WARN Act notices from every state that publishes them into a single, searchable database updated daily.

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.

State-by-state requirements ↓ Notice-period screen

7 Proposed Changes

19 Mini-WARN States

-- Notices Tracked

-- Short-notice filings

Disclaimer: Proposed changes reflect bills introduced in the 2025–2026 session. None have been enacted as of April 2026. Consult legal counsel for compliance guidance.

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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)

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Proposed Federal Changes (2026)

H.R. 5761 — Fair Warning Act of 2025 (referred to House Committee on Education and Workforce). Current law vs. what's proposed — not 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 →

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State-by-State Requirements

Employers must comply with whichever law — federal or state — provides greater worker protection. This table is a screening reference; check the state agency before relying on a row (NY and IL verified 2026-09-16, see the note under the table).

Stricter-than-federal only

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 days	75+	60-day notice; covers employers with 75+ full-time employees; triggered by 25+ affected employees (one-third of the site) or 250+. 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	50+	90-day notice; covers employers with 50+ full-time employees; triggered by 25+ affected employees (plant closing, or one-third of the site) or 250+; covers relocations.
Delaware	60 days	100+	State mini-WARN Act with broader notice recipients than federal. Regulations finalized October 2024.
Ohio	60 days	100+	NEW (Sept 2025): Mini-WARN Act covers 50+ layoffs at a single site. Removes 33% workforce trigger.
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.
Washington	60 days	50+	NEW (July 2025): Mini-WARN Act effective July 27, 2025. Covers 50+ employees. Amended by ESB 6106.
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, FL, GA, ID, IN, KS, KY, LA, MN, MS, MO, MT, NE, NV, NM, NC, ND, OK, PA, RI, SC, SD, TX, UT, VA, WV, WY.

Sources reviewed 2026-09-16 for New York and Illinois: NY DOL — WARN and Illinois DOL — WARN. Other state rows have not been re-verified against their agencies since the table was written; this page is a screening aid, not legal advice.

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.

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Frequently Asked Questions

Common questions about WARN Act legislation and compliance

Does my company need to comply with both federal and state WARN laws?

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.

When would the proposed 2026 changes take effect?

They have not been enacted as of April 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.

How are remote workers counted under the proposed rules?

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.

What happens if an employer violates the WARN Act?

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.

Are part-time workers protected by the WARN Act?

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.

Which states have the strictest WARN laws?

New York is among the strictest: 90 days notice for employers with 50 or more full-time employees, triggered by as few as 25 affected employees, and it covers relocations. New Jersey and Maine require mandatory severance pay. See the state table above for full details.

How can I track WARN Act filings in real time?

WARN Firehose aggregates notices from every state that publishes them 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.

Notice-period screen → API docs