Washington Passes Mini-WARN Act

Employers in Washington that are planning to close a business location or undertake a mass layoff will soon be required to comply with 60 days’ advance notification and information requirements under the state’s new mini-WARN Act.

The requirements of the “Securing Timely Notification and Benefits for Laid-Off Employees Act” (WA WARN) differ in several respects from the federal Worker Adjustment and Retraining Notification Act (WARN Act), including:

• WA WARN requirements apply to employers with 50 or more employees, including part-time employees. However, the threshold for an employer to be covered under the federal WARN Act is 100 full- and part-time employees who work an average of 20 or more hours per week for at least six months in the preceding 12 months or who together work at least 4,000 hours per week.
  
• While federal requirements are triggered by a mass layoff or plant closing, the new Washington law is also triggered by a business closing, the sale of a business and short-term layoffs that exceed three months (versus six months) in certain circumstances.
  
• The new state law prohibits employers from including employees who are on state paid family or medical leave in a mass layoff, unless the employer qualifies for an exception from WA WARN (such as for a faltering company, unforeseeable business circumstances, or a natural disaster).

Employees who were entitled to notice under WA WARN but did not receive timely notice may sue for 60 days of back pay and the value and cost of any lost benefits. There is also a $500-per-day civil penalty owed to the state for each day of violation up to 60 days. 

The new WA WARN requirements take effect on July 27, 2025.