As most employers know, under the federal WARN Act a covered employer who plans to close a facility or implement a mass layoff must provide 60 days’ advance notice to the affected employees, the designated state agency, and any union representing the affected employees.
Effective July 27, 2025, Washington joins many other states that have their own “mini-WARN Act.” Consequently, employers considering layoffs in Washington state need to review both the federal WARN Act and Washington’s new mini-WARN Act to see if the layoff is covered, and if so, to ensure compliance with all requirements under either (or both) statutes.
Key Differences with Mini-WARN Act:
The Washington mini-WARN Act is similar in many ways to the federal WARN Act, but there are some important key differences:
- Covered Employers: The federal WARN Act applies to private sector companies with either 100 full-time employees or 100 employees (full-time and part-time) if those employees collectively work at least 4,000 hours per week (not including overtime hours). The Washington WARN Act applies to a private sector employer with 50 or more full-time Washington employees.
- Under both statues, “full-time employees” are those who work at least 20 hours a week and worked for the employer at least six months out of the 12 months preceding the date notice must be given (note, if the applicable collective bargaining agreement has a different definition that applies).
- Mass Layoffs: Both statutes apply to “mass layoffs” but the definitions of “mass layoff” are significantly different. Under the federal WARN Act, a mass layoff occurs when (a) 500+ full-time employees lose their jobs, or (b) if 50-499 full-time employees lose their jobs and they represent at least 33% of the employer’s total active full-time workforce. Under the Washington mini-WARN Act, a “mass layoff” occurs when 50 or more full-time employees lose their jobs, regardless of what percentage of the workforce they represent.
- Plant/Business Closure: Under both federal and state acts, a plant/business closure occurs when 50+ full-time employees at a single site or operating unit are laid off.
- Short-term Layoffs: Both statutes have exceptions from coverage under the statute for short-term layoffs (less than six months) even if such layoffs would otherwise be covered. In the case of a short-term layoff of less than three months, however, if the employer later extends that layoff period beyond three months, Washington requires the employer to provide notice to the employees of the extension when it becomes reasonably foreseeable that the extension is required. If the circumstances leading to the extension of a layoff of up to three months were reasonably foreseeable at the time the layoff began, the initial layoff may trigger possible liability for failing to give the 60-days’ advance notice.
- Notices: Both statutes require certain information to be in the 60-days’ advance notice, but there are some differences. Covered employers should make sure their notices comply with both.
- Employees on Paid Family Medical Leave (PFML) leave: A specific Washington provision is that if a mass layoff is involved, employees currently on Washington PFML cannot be included in the layoff.
These are some of the main differences between the federal WARN Act and the new Washington mini-WARN Act. Both statutes are detailed in application, however, and there are other subtle differences.
Under both the federal and state statutes, lawsuits can be brought by the affected employees, their representative union, or the government to seek damages for failure to comply with the requirements, with an award of attorney fees also authorized. Likewise, both statutes authorize civil penalties against a non-compliant employer in addition to any damages paid to the affected employees.
Key Takeaways of Washington’s Mini-WARN Act Law:
- Employers considering job eliminations, layoffs (permanent or temporary), or facility closures in Washington state should consult with counsel to determine if either or both the federal WARN Act or the Washington mini-WARN Act apply.
- Likewise, employers covered by either statute should consult with counsel to ensure that implementation complies with all the requirements.
- Employers implementing short-term layoffs need to carefully consider the length of those layoffs, given the potential penalties if a layoff less than three months is extended.
The legal issues impacting this topic are and will continue to be ever-changing (Employment Law in Motion!), and since publication of this blog post, new or additional information not referenced in this blog post may be available.
This article is provided for informational purposes only—it does not constitute legal advice and does not create an attorney-client relationship between the firm and the reader. Readers should consult legal counsel before taking action relating to the subject matter of this article.