Last Updated on September 12, 2025 by MyHRConcierge

Ohio recently introduced a significant update to its labor notice requirements as part of its operating budget, House Bill No. 96. While this legislation primarily addresses state fiscal matters for FY 2026–2027, it also embeds a mini-WARN law that will introduce additional obligations for employers facing plant closings or mass layoffs. This update builds upon the federal WARN framework, but includes unique Ohio-specific modifications that employers should understand well before the law takes effect on September 29, 2025.

Scope and Triggering Events for Ohio Mini-WARN

The mini-WARN statute codified under Ohio Revised Code § 4113.31 applies to employers who employ 100 or more employees working a combined at least 4,000 hours per week- mirroring the federal WARN Act’s standards. A notice obligation is triggered when an employer initiates a plant closing or mass layoff involving 50 or more employees at a single site within a 30-day period. However, unlike federal law, Ohio’s statute omits the 33% threshold requirement and does not explicitly adopt the 90-day aggregation rule. This suggests a potentially broader application when layoffs hit the 50-employee mark, irrespective of relative workforce size.

Notice Recipients and Required Content

Ohio’s mini-WARN law goes beyond federal requirements by mandating notice be delivered not just to affected employees or their union representatives, but also to the Director of the Ohio Department of Job and Family Services, and the chief elected officials of both the municipality and the county where the event will occur.

The content of the notice must be detailed and tailored based on recipient type:

• To Union Representatives: Employers must include a detailed explanation of the reason behind the closure or layoff (indicating whether it is temporary or permanent), the expected start and end dates, and the number of affected employees, including their job titles, and department or division impacted.
• To Non-Union Employees: Notices must cover similar content, plus specifics on bumping or reemployment rights, how to access unemployment benefits and support programs, the contact details of an employer representative, and available support services such as retraining, job placement assistance, or counseling.
• To Government Officials: Notices must include all the above, along with a description of actions taken to mitigate the impact (for example, retraining or alternative employment efforts), the names and addresses of union representatives, and a copy of the employee notice.

The Ohio WARN law does not expressly adopt the federal WARN’s “short-form” notice option, meaning employers likely have to create and attach schedules to the notices containing the job title and department of each affected employee.

Notice Period, Exceptions, and Remedies

Similar to federal WARN, Ohio’s mini-WARN statute requires 60 days’ written notice before initiating a qualifying layoff or closure. It also adopts federal exceptions that permit shortened or delayed notices in scenarios such as unforeseeable business circumstances, faltering businesses, natural disasters or work stoppages like strikes or lockouts.

For enforcement, Ohio simply incorporates the remedies available under federal WARN, including back pay and benefits for each day of violation, civil penalties up to $500 per day, and potential attorneys’ fees. Additionally, the Ohio Department of Job and Family Services may issue procedural guidance to clarify lingering ambiguities.

Proactive Steps for Employers

Employers operating in Ohio should begin updating their layoff and closure notification templates now to ensure compliance with both federal WARN and Ohio’s enhanced mini-WARN requirements. Addressing the expanded notice recipients, detailed content provisions and strict documentation standards early will help mitigate legal, financial, and reputational risks once the law takes effect on September 29, 2025.

Looking Ahead: Planning for Ohio Mini-WARN Compliance

Ohio’s introduction of a mini-WARN statute through its 2026–2027 budget law represents a notable shift in how employers must prepare for workforce disruptions. Although the law largely mirrors the federal WARN framework, its expanded content requirements and broader notice distribution mandate underscore the state’s heightened emphasis on transparency and support for affected communities.