Ohio has enacted legislation (House Bill 96), which requires employers to provide notice of certain plant closings and mass layoffs. House Bill 96 takes effect Sept. 29, 2025.
The details
Background
The federal Worker Adjustment and Retraining Notification Act (WARN) requires, among other things, covered employers to provide at least 60 calendar days’ advance notice of a plant closing or mass layoff. House Bill 96, the Ohio mini-WARN Act, largely mirrors the federal WARN Act.
The Ohio WARN Act
Covered employers under the Ohio mini-WARN Act are defined as those:
· Employing at least 100 employees (who collectively work a minimum of 4,000 hours each week); and
· Conducting a plant closing or layoff of 50 or more employees at a single site of employment within a 30-day period.
Employer Notice Requirement
The law requires covered employers to provide at least 60 days' advance written notice before a qualifying layoff or closure. Note: The law contains certain exceptions, including strikes and lockouts and shortened notice periods due to:
· Unforeseeable business circumstances
· Faltering businesses
· Natural disasters
See the text of the law for further details.
The notice must be provided to each affected employee (or their authorized union representative), the director of job and family services, and the chief elected officials of the municipal corporation and the county where the plant closing or mass layoff (the “event”) is to occur.
The law includes the following notice requirements:
Employees Without Union Representation
· A detailed statement of the event and whether it is permanent or temporary;
· The expected start date of the event and the anticipated date when workers' employment will end;
· Indication of collective bargaining agreement rights and how those rights may be exercised. See the text of the law for further details;
· How employees can access unemployment insurance benefits and other assistance programs;
· The name, title and contact information of an employer representative who can answer questions about the event; and
· Available services (including job placement assistance, retraining programs or counseling).
Union Representatives of Affected Employees
· The location of the affected facility;
· A detailed statement of the event and whether it is permanent or temporary;
· The expected start date of the event and the anticipated date when workers' employment will end; and
· The total number of employees affected by the event (including job titles or positions and impacted departments or divisions).
Director of Job and Family Services and Chief Elected Officials
· All of the above requirements;
· A description of the actions taken (or planned) to mitigate the impact of the plant closing or mass layoff, including efforts to secure alternative employment or training for the affected employees;
· The name of each employee organization representing affected employees, and the name and address of the chief elected officer of each organization; and
· A copy of the notice that was provided to affected employees or their representatives.
Note: The director of job and family services may issue guidance and procedures for the submission and review of notices by employers.
Penalties
The Ohio WARN Act follows the Federal WARN Act's penalty structure, which provides for repayment of employee wages and benefits for each day of a violation and penalties of up to $500 for each day of a violation.
Next steps
Covered employers should review and update layoff and plant closings policies and procedures covered under the Ohio WARN Act.
Covered employers are also encouraged to consult with legal counsel to confirm their compliance with both the federal WARN Act and the Ohio WARN Act.