The WARN Act is the legal clock that should start your closure plan — not the last thing you think about. Get the notice wrong and the cost of closing jumps by months of wages.
Federal trigger (100+ FT employees)
| Event | Threshold (30 days) | Notice |
|---|---|---|
| Plant closing | 50+ employees at one site | 60 days |
| Mass layoff | 500+ employees | 60 days |
| Mass layoff (smaller site) | 33% of workforce and ≥ 50 | 60 days |
State mini-WARN (lower bars)
Sometimes the state rule bites before the federal one. Notable thresholds:
| State | Notice | Employees / affected |
|---|---|---|
| California | 60 days | 75+ / 50+ |
| New York | 90 days | 50+ / 25+ |
| New Jersey | 90 days | 100+ / 50+ (tenure severance) |
| Illinois | 60 days | 75+ / 250+ (closing 50+) |
Other mini-WARN states include DE, HI, IA, ME, MD, NH, OH, TN, VT, WI, and WA — each with its own thresholds.
Penalty: back wages and benefits up to 60 days, plus civil penalties ($500/day, capped at $33,000 federally). Paying workers within three weeks can trim the civil penalty. Confirm your state’s rule.
Sources: U.S. Department of Labor WARN Act Advisor, state labor-department mini-WARN summaries. Retrieved 2026-08-13. Thresholds change; verify for your state.