Skip to Content
Introduction
On July 1, 2025, Ohio Governor Mike DeWine signed House Bill 96, which, beyond setting the state’s fiscal budget, introduced a new mini-WARN statute, codified as Ohio Revised Code § 4113.31. This law takes effect on September 29, 2025, and imposes additional notice requirements for plant closings and mass layoffs in Ohio.
- Obligations and Coverage
Who Must Comply?
- Employers with 100 or more employees collectively working at least 4,000 hours per week, excluding overtime, are subject to this law.
Trigger Events
- Notice is required when an employer conducts a plant closing or mass layoff involving 50 or more employees at a single worksite during any 30-day period.
- Though the law references the federal WARN Act’s definitions for “plant closing” and “mass layoff,” Ohio’s statute omits the federal requirement that layoffs must affect at least 33% of full-time employees and doesn’t clarify whether layoffs should be aggregated across a 90-day period.
- This creates ambiguity, and employers should proceed cautiously.
- Notice Requirements: Who Gets Notified and When
60-Day Written Notice Required
Employers must provide at least 60 days’ advance written notice before a covered closing or layoff, mirroring the federal WARN Act.
Exceptions
- Ohio law incorporates WARN’s exceptions—including unforeseeable business circumstances, faltering companies, natural disasters, strikes, and lockouts.
- Who Must Receive Notice & What Must Be Included
Ohio’s mini-WARN law imposes expanded notice obligations compared to federal WARN:
A. Union-Represented Employees
Notice to the union must include:
- Facility location.
- Detailed reasons for the closing or layoff and whether it’s permanent or temporary.
- Expected start date and anticipated end date of employment.
- Number of affected employees, including their job titles/positions and any impacted department or division.
B. Non-Union (Individual) Employees
Notice must include:
- Detailed reason and whether the action is permanent or temporary.
- Start and end dates of layoff or closure.
- Bumping or reemployment rights (if applicable) and how to exercise them.
- Information on unemployment benefits, assistance programs, and support services such as retraining, job placement, or counseling.
- Name, title, and contact details of a company representative for inquiries.
C. State and Local Government Officials
Notice must be sent to:
- The Director of Ohio Job and Family Services,
- The chief elected officials of both the municipality and county where the layoff/closing will occur.
It must include:
- All elements listed above for employees/unions.
- Mitigation efforts (e.g., alternative employment, training programs).
- Names and addresses of any employee organization (unions).
- A copy of the employee or union notice.
- Penalties for Non-Compliance
Ohio’s mini-WARN law adopts the federal WARN Act’s remedies, which include:
- Back pay and benefits for each day of notice not provided (up to 60 days),
- Possible $500 per day penalties,
- Reasonable attorneys’ fees in enforcement actions.
There is no additional penalty imposed by the state beyond federal WARN’s existing enforcement scheme.
- Key Considerations for Employers
Clarify Ambiguities
- Until guidance is released by the Director of Job and Family Services, uncertainty remains regarding:
- Whether the 33% threshold applies,
- Whether layoffs spaced over 90 days should be aggregated,
- What constitutes sufficient detail for notices, and
- Whether a single “sample” notice suffices for officials.
Train Key Personnel
- Educate HR, legal counsel, and managers involved in workforce reductions on obligations under § 4113.31.
Plan Ahead
- Develop strategic RIF planning timelines that account for the 60-day lead time and the enhanced notice requirements.
Seek Legal Guidance
- Consult employment counsel before any layoff or plant closing to ensure compliance and reduce risk of liability.
Scott M. Zurakowski, Esq.
330-497-0700
szurakowski@kwgd.com