When the WARN Act applies
The WARN Act applies in some situations when an employer closes a worksite, does a mass layoff, or even reduces hours. But not every closure, layoff or reduction in hours meets the criteria.
Closures
It applies if an employer closes a facility or operating unit. The closure needs to affect 50 or more full-time employees at a single worksite. Permanent or temporary closures apply.
Mass layoffs
It applies when an employer performs a mass layoff. It applies even when the layoffs are temporary if it is for longer than 6 months.
A mass layoff is when, during a 30-day period at a single site of employment, you lay off either:
- 500 or more full-time employees.
- 50 or more full-time workers when the layoff affects 33% of your active workforce.
Reduced hours
It applies when an employer reduces the hours of 50 or more workers by 50% or more for each month in a 6-month period.
How to report a layoff
Companies must provide written notice to us and the chief elected official of the community where the layoff or closure will occur.
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Write a letter on company letterhead that includes:
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Contact information:
- Company name.
- Physical and mailing addresses of the layoff or closure.
- Company representative name and phone number for rapid response services (local preferred).
Layoff information:
- Whether there is either a layoff or a closure.
- Whether it will be temporary or permanent.
- Expected layoff date and a schedule of any further employment reductions.
- If the layoff is due to a relocation.
- If the layoff is due to contracting our employer operations or employee positions.
Information about the affected employees:
- Total number of employees this notice affects.
- Job titles, names and addresses of the affected employees in each job category.
- Whether a union represents the affected employees.
- If so, name of each union/employee representative and the name and address of the chief elected officer of each union.
- A statement of bumping rights, if any exist.
- Signature of company official including name and title.
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Email the letter to our Grants Management Office
Email us a copy of the letter at ESDGPWorkforceInitiatives@ESD.WA.GOV. Please include "WARN" in the subject line.
If you need to mail the letter instead, address it to:Employment Security Department
Grants Management Office
Attention: WARN Team
P.O. Box 9046
Olympia, WA 98507-9046We will contact the listed company representative to acknowledge we received the notification and provide this information to the local rapid response team.
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Send the letter to the chief elected official of the community where the layoff or closure will occur
The chief elected official of a community can vary depending on location. It could be a mayor, council or county leader or someone else. The business determines who that contact is.
Penalties
A business that does not comply with the law will need to pay up to $500 for each day of the violation. This happens if an employer fails to both:
- Notify workers 60 days before a closure, mass layoff or reduction of hours.
- Pay employees back pay and the cost of benefits they were entitled to for each day of the violation.
Additional mass layoff information
- Visit the U.S. Department of Labor compliance assistance page for more information.
- Use a U.S. Department of Labor WARN advisor wizard to determine if notification is required.
- Visit the U.S. Department of Labor Rapid Response page for more information on layoff assistance.
- Check the WARN layoff and closure database to see a list of Washington employers who announced layoffs or closures.
- Read Engrossed Substitute Senate Bill 5525, regarding advanced notice for mass layoffs and business closings. You can also review the final bill report.