State WARN Acts (Mini-WARN Laws): Complete 50-State Comparison 2026
While the federal WARN Act sets a baseline, many states have their own "mini-WARN" laws with stricter requirements. This guide compares state WARN laws so you know your rights based on where you work.
Important Disclaimer: This guide provides general information about state WARN laws. Laws change, and enforcement varies. For specific situations, consult with an employment attorney in your state.
Quick Reference: States with Mini-WARN Laws
| State | Notice Required | Employer Size | Affected Employees | Unique Features |
|---|---|---|---|---|
| California | 60 days | 75+ employees | 50+ statewide | Fewer exceptions, no faltering company defense |
| New York | 90 days | 50+ employees | 25+ full-time | Strictest in nation, $500/day penalty |
| New Jersey | 90 days | 100+ employees | 50+ at site | Individual notice required |
| Illinois | 60 days | 75+ employees | 25+ full-time | Covers more small layoffs |
| Maryland | 60 days | 50+ employees | 25+ | Industry-specific requirements |
| Maine | 60 days | 100+ employees | 100+ | Severance payment required |
| Wisconsin | 60 days | 50+ employees | 25+ | Business closing focus |
| Hawaii | 60 days | 50+ employees | 50+ | Dislocated worker benefits |
| Tennessee | 60 days | 50-99 employees | 50+ | Gap-filler for federal WARN |
| Iowa | 30 days | 25+ employees | 25+ | Minimum standards for mergers |
| Michigan | No specific | Any | Any | Advanced notice encouraged |
Detailed State Breakdowns
California (Cal-WARN)
Key Features:
- 75+ employees (lower than federal 100)
- 50+ employees affected statewide (not just single site)
- No faltering company exception
- No unforeseeable business circumstances exception
- Part-time workers fully protected
- Severance does not automatically offset damages
California's law is notable for what it does NOT allow. Many employer defenses available under federal law don't apply in California.
New York (NY WARN)
Key Features:
- 90 days notice (strictest in nation)
- 50+ employees in NY (vs 100 federal)
- 25+ affected employees (vs 50 federal)
- 50-mile relocation threshold (vs 100 federal)
- $500/day civil penalty
- Attorney fees recoverable
New York has the longest notice period in the country and catches smaller layoffs that federal WARN would miss.
New Jersey
Key Features:
- 90 days notice (matches NY as strictest)
- 100+ employees at establishment
- 50+ employees affected at single site
- Individual employee notice required
- Severance pay equal to one week per year of service (for violations)
New Jersey matches New York's 90-day requirement and adds a severance penalty for violations.
Illinois
Key Features:
- 60 days notice (matches federal)
- 75+ full-time employees (lower than federal)
- 25+ full-time affected (lower than federal)
- Must notify Department of Commerce
- Covers partial closings affecting 25+
Illinois catches smaller layoffs than federal WARN with its lower thresholds.
Maryland
Key Features:
- 60 days notice
- 50+ employees in state
- 25+ affected employees
- Special rules for specific industries
- Must provide reemployment assistance information
Maryland has industry-specific notification requirements beyond general WARN.
Maine
Key Features:
- 60 days notice
- 100+ employees at site
- 100+ affected employees
- Mandatory severance payment: One week per year of service
- Civil penalty of $500/day
- Also covers relocations over 100 miles
Maine's unique severance requirement makes it stand out - employers must pay whether or not they gave proper notice.
Wisconsin
Key Features:
- 60 days notice
- 50+ employees in state
- 25+ employees affected
- Focus on business closings specifically
- Department of Workforce Development notification
Wisconsin's law specifically targets business closings rather than layoffs at ongoing operations.
Hawaii
Key Features:
- 60 days notice
- 50+ employees at single site
- 50+ employees affected
- Connects to dislocated worker assistance programs
- Focus on rapid response assistance
Hawaii emphasizes connecting laid-off workers with assistance programs.
Tennessee
Key Features:
- 60 days notice
- 50-99 employees (specifically catches gap federal WARN misses)
- 50+ employees affected
- Gap-filler law
Tennessee's law specifically covers employers too small for federal WARN (50-99 employees).
Iowa
Key Features:
- 30 days notice (shorter than most)
- 25+ employees
- Focus on mergers, acquisitions, and takeovers
- Minimum notice requirements
Iowa's law is narrower, focusing on business transactions rather than all layoffs.
States Without Mini-WARN Laws
The following states only have federal WARN protections (no state enhancement):
Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wyoming, Washington D.C.
In these states, federal WARN applies if:
- Employer has 100+ employees
- 50+ employees affected at single site (or 500+, or 33% of workforce)
- 60 days notice required
Comparison Table: State vs Federal WARN
| Feature | Federal WARN | Most Protective State (NY) | Least Protective Mini-WARN (TN) |
|---|---|---|---|
| Notice Period | 60 days | 90 days | 60 days |
| Employer Size | 100+ | 50+ | 50-99 |
| Affected Employees | 50+ (with % tests) | 25+ | 50+ |
| Exceptions | Broad | Limited | Similar to federal |
| Civil Penalties | Local govt only | $500/day + attorney fees | Limited |
Which Laws Apply to You?
Rule 1: Location Matters
State WARN laws apply based on where you work, not where the company is headquartered.
If you work remotely from California for a Texas company, California WARN applies to you.
Rule 2: Both Laws Can Apply
You may be protected by both federal AND state WARN. Employers must comply with the stricter of the two.
Rule 3: Look for the Lowest Thresholds
If you're not sure whether WARN was violated:
- Check your state's thresholds first (may be lower)
- If state law doesn't cover you, check federal law
- Consider both employer size AND affected employee counts
How State Laws Interact with Federal WARN
Scenario 1: State law is stricter
If California requires 60 days notice with 75+ employees, and federal requires 60 days with 100+ employees:
- CA employer with 80 employees must comply with Cal-WARN
- Federal WARN doesn't apply (under 100 employees)
- California law protects you
Scenario 2: Federal law covers, state doesn't
If your state has no mini-WARN and your employer has 100+ employees:
- Federal WARN applies
- 60-day notice required
- 50+ affected employees trigger
Scenario 3: Both apply
If your employer has 100+ employees in New York:
- NY WARN applies (90 days notice)
- Federal WARN applies (60 days notice)
- Employer must give 90 days (stricter requirement)
Recent Trends in State WARN Laws
Expansion of Coverage
Several states are considering new or enhanced WARN laws, especially after tech layoffs in 2023-2024 showed gaps in protection.
Remote Work Complications
States are clarifying how remote workers are counted:
- Generally, where the employee is located matters
- This has expanded coverage for remote-friendly companies
Enforcement Increasing
More private lawsuits and class actions are being filed for WARN violations, particularly in states with attorney fee provisions.
What to Do in Any State
If You Were Laid Off Without Proper Notice:
- Identify your state - Where did you work (not company HQ)?
- Check state thresholds - Does your state have mini-WARN?
- Count employees - How many at your site? How many in state?
- Calculate affected employees - How many were laid off?
- Document everything - Dates, notice received, communications
- Consult an employment attorney - Many offer free consultations
- File for unemployment - WARN claims are separate
Common Questions
What if I worked in multiple states?
Generally, the law applies where you primarily performed work. For remote workers who traveled, this can be complex - consult an attorney.
Does it matter where the employer is headquartered?
No. State WARN laws apply based on employee location, not company headquarters.
What if my state isn't listed?
You're covered by federal WARN only. The employer needs 100+ employees nationwide, and 50+ must be affected at your site.
Can I sue under both federal and state WARN?
You typically can't double-recover, but you can pursue the most favorable law. An attorney can advise on strategy.
Resources by State
- Federal WARN Act Overview
- California WARN Guide
- New York WARN Guide
- Find a State Employment Attorney (NELA)
Key Takeaways
- Check your state first - Many states have stricter laws than federal WARN
- New York and New Jersey require 90 days - The strictest notice periods
- California has the fewest exceptions - Harder for employers to avoid compliance
- Lower thresholds catch smaller layoffs - Some states cover 25+ affected employees
- Location where you work matters - Not company headquarters
- Both laws can apply - Employer must follow the stricter one
- States without mini-WARN still have federal protection - If 100+ employees
- Remote workers covered where they work - Important for distributed companies
- Class actions are common - Many employees affected = easier to pursue
- Consult a local attorney - State laws have nuances not covered here
Remember: This guide is informational only. State employment laws are complex and change frequently. Consult with an employment attorney in your state for advice specific to your situation.