The minimum notice period for a covered mass layoff under the WARN Act is 60 days.
The Worker Adjustment and Retraining Notification Act, enacted in 1988 and effective in 1989, generally requires covered employers to give advance written notice before a plant closing or qualifying mass layoff. The notice goes to affected workers or their representatives, the state dislocated-worker unit, and the appropriate local government.
A mass layoff generally involves at least 50 employees at a single employment site during a 30-day period, although the statute contains detailed coverage rules and exceptions. Employers typically covered by WARN have at least 100 full-time employees, subject to statutory counting rules.
The 60-day period is not absolute in every circumstance. Exceptions can apply for unforeseeable business circumstances, a faltering company seeking financing, or certain natural disasters. A common mistake is confusing WARN’s 60-day notice requirement with state “mini-WARN” laws, which may cover more employers or require longer notice.