The new Ohio law explicitly states that it “do[es] not establish a different standard than that established by federal statutes and regulations.”

On July 1, 2025, Ohio Governor Mike DeWine signed into law House Bill No. 96, a state budget bill that includes a mini-WARN law imposing new obligations on Ohio employers effective September 29, 2025. Under the new law, Ohio employers that are covered by the federal Worker Adjustment and Retraining Notification (WARN) Act and experience an event triggering a WARN notice must send WARN notices to additional recipients and include additional content in their WARN notices.

Comparison to Federal Law

The Ohio mini-WARN law, to be codified at Ohio Revised Code § 4113.31, incorporates by reference the requirements of the WARN Act, 29 U.S.C. § 2101 et seq., and its implementing regulations, 29 C.F.R. §§ 639.1 to 639.10. The WARN Act generally requires employers with 100 or more employees to provide at least 60 days’ notice when a mass layoff or plant closing is expected to result in employment losses of (a) 50 or more employees, if the employees comprise at least 33 percent of the full-time workforce, or (b) 500 or more employees.

The new Ohio law explicitly states that it “do[es] not establish a different standard than that established by federal statutes and regulations.” Ohio Rev. Code § 4113.31(B). Accordingly, the requirements of the Ohio mini-WARN law apply only when an employer in Ohio experiences an event triggering notice obligations under the WARN Act.

However, while the Ohio law makes clear that the term “employer” and the phrases “mass layoff” and “plant closing” have the same meanings as under the WARN Act, the law is silent on whether other key phrases defined in the WARN Act, such as “affected employees” and “employment loss,” have the same meanings under Ohio law.

Additional Recipients of WARN Notices

The Ohio mini-WARN law requires covered employers to distribute WARN notices to a broader set of recipients than is otherwise required under the WARN Act. In addition to sending notices to the recipients that the WARN Act requires, the Ohio mini-WARN law requires covered employers to notify both the chief elected official of the municipal corporation where the covered plant closing or mass layoff will occur and the chief elected official of the county where the covered plant closing or mass layoff will occur.

Additional Content Requirements for WARN Notices

Under the Ohio mini-WARN law, covered employers must include specific content in WARN notices beyond that required under the federal WARN Act. Below we identify what Ohio employers must include in WARN notices once the mini-WARN law takes effect, with the italicized text denoting the content required under the mini-WARN law:

Notice to Union, If Applicable

If affected employees are represented by a union, the WARN notice issued to the union representing the affected employees must include the following information:

1. The location of the employment site affected by the plant closing or mass layoff;
2. A detailed statement explaining the reason for the plant closing or mass layoff and whether it will be permanent or temporary;
3. The expected date when the plant closing or mass layoff will commence and the anticipated date on which the employees’ employment will cease;
4. The name, title and contact information of an employer representative who can answer questions about the plant closing or mass layoff; and
5. The total number of employees affected by the plant closing or mass layoff, including the employees’ job titles or positions, names and any department or division affected.

Notice to Unrepresented Employees

If affected employees are not represented by a union, the WARN notice issued to affected employees must include the following information:

1. A detailed statement explaining the reason for the plant closing or mass layoff and whether it will be permanent or temporary;
2. The expected date when the plaint closing or mass layoff will commence and the anticipated date on which the employees’ employment will cease;
3. An indication as to whether an affected employee has bumping rights or other reemployment rights under a collective bargaining agreement or a company policy, including any procedures for exercising those rights;
4. Information on how affected employees can access unemployment insurance benefits and other assistance programs;
5. The name, title and contact information of an employer representative who can answer questions about the plant closing or mass layoff; and
6. Information about any available services for an affected employee, including job placement assistance, retraining programs or counseling services.

Notice to Government Agency and Officials

The WARN notices issued to the director of Ohio’s Job and Family Services (the entity designated to carry out rapid response activities in Ohio) and applicable chief elected officials must include the following information:

1. The same information to be provided to a union or to unrepresented employees, as applicable;
2. A description of any action taken or planned to mitigate the impact of the plant closing or mass layoff, including any efforts to secure alternative employment or training for affected employees;
3. The name of each union representing affected employees and the name and address of the chief elected official of each union; and
4. A copy of the notice provided to affected employees or their representatives, as applicable.

Penalties for Violations

The Ohio mini-WARN law does not expand the potential penalties applicable to employers for violations of the WARN Act. Rather, the law incorporates the penalty provisions of the federal WARN Act, which include liability for damages (including backpay and employee benefits for up to 60 days), civil penalties and reasonable attorneys’ fees.

Explanatory Guidance Expected

The Ohio mini-WARN law provides that the director of Job and Family Services may publish guidance explaining the new law, including the procedures for employers to submit WARN notices.

What This Means for Employers

Compliance with the WARN Act is deceptively complex, with serious legal, financial and reputational consequences for employers found not in compliance. Employers subject to state mini-WARN laws face additional challenges to account for state-specific requirements that go beyond the federal WARN Act.

Effective September 29, 2025, Ohio will join the ranks of states with mini-WARN laws already in effect: California, Illinois, Maryland, New York, New Jersey, Wisconsin and Washington. State mini-WARN laws may differ from the federal WARN Act with respect to the events triggering notice, the amount of notice required, the circumstances when reduced notice is permitted, the recipients and content of required notices and the potential penalties for violations, to name a few examples.

With Ohio’s new mini-WARN law on the horizon, employers in Ohio should review their reduction-in-force plans well in advance of any anticipated mass layoff or facility closure. Ohio employers may want to use the time before the mini-WARN law takes effect to update their template WARN notices, communications to employees and separation agreements to account for the mini-WARN law. The requirement for Ohio employers to include in WARN notices the reason underlying a mass layoff or plant closing and the actions taken to mitigate the impact on employees emphasizes the need for careful and consistent documentation and communications.

Ohio employers ought to be mindful as well of existing obligations under state law. Pursuant to Ohio’s Unemployment Compensation Law, Ohio employers are required to notify the state director of Job and Family Services at least three days in advance of a layoff affecting 50 or more employees and provide certain information to affected employees upon termination of employment.

For More Information

If you have any questions about this Alert, please contact Eve I. Klein, Kathryn R. Brown, any of the attorneys in our Employment, Labor, Benefits and Immigration Practice Group or the attorney in the firm with whom you are regularly in contact.

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.