What's Happening?
Ohio has enacted a 'mini-WARN' Act, effective September 29, 2025, supplementing federal WARN notice requirements for employers anticipating mass layoffs. The Ohio WARN Act largely mirrors federal standards
but introduces notable differences that Ohio employers must navigate. The Act defines a covered employer as one with 100 or more employees working at least 4,000 hours weekly, differing from federal definitions that exclude part-time employees. Additionally, Ohio WARN does not clearly address whether overtime hours are included in the 4,000-hour calculation, creating potential compliance ambiguities. Both federal and Ohio WARN require a 60-day advance notice for mass layoffs or plant closings, but Ohio's requirements for notice content and recipients are broader, including detailed statements and information on unemployment benefits and assistance programs.
Why It's Important?
The enactment of Ohio's mini-WARN Act is significant for employers in the state, as it introduces additional compliance requirements beyond federal standards. Employers must now navigate the complexities of differing definitions and notice requirements, potentially increasing administrative burdens. The broader notice requirements aim to provide more comprehensive support to affected employees, which could influence employer-employee relations and community impacts during layoffs. Failure to comply with these requirements could result in penalties, including back pay and benefits for affected employees, emphasizing the importance of understanding and adhering to the new regulations.
What's Next?
Employers in Ohio may need to seek clarification on ambiguous aspects of the mini-WARN Act, such as the inclusion of overtime hours in the 4,000-hour calculation. Further statutory amendments, regulations, or official guidance may be necessary to resolve these ambiguities. Employers should prepare to adjust their layoff notification processes to meet the expanded requirements, including providing detailed statements and information on available services to affected employees. Monitoring for updates and guidance from state authorities will be crucial for compliance.
Beyond the Headlines
The introduction of Ohio's mini-WARN Act reflects a broader trend of states adopting additional protections for workers facing mass layoffs. This development may prompt other states to consider similar legislation, potentially leading to a patchwork of state-specific requirements that employers must navigate. The emphasis on detailed notice content and employee support services highlights a shift towards more employee-centric policies, which could influence future legislative efforts at both state and federal levels.
