Washington’s Mini WARN Act Now in Effect

What is Washington’s new WARN law?

Washington’s new mini WARN law, Securing Timely Notification and Benefits for Laid-Off Employees Act, the (Act), went into effect on July 27, 2025.  The Act requires Washington employers with 50 or more full-time employees to provide 60 days’ advance written notice for mass layoffs or business closures. 

Mass Layoff and Business Closure Defined

A mass layoff is defined as a “reduction in employment force that is not the result of a business closing and results in an employment loss during any 30-day period of 50 or more employees, excluding part-time employees.” Of note is the fact that the definition of a mass layoff is not limited to a single site of employment as it is under the federal Worker Adjustment and Retraining Notification (WARN). 

A business closing is defined as “the permanent or temporary shutdown of a single site of employment of one or more facilities or operating units that will result in an employment loss for 50 or more employees, excluding part-time employees.” 

Notice Requirements

Before any business closure or mass layoff, Washington employers must provide at least 60 days’ advance written notice. The notice must be provided to the Washington Employment Security Department (ESD) and any affected employees and must include the following: 

• Name and address of employment site closing or subject to mass layoff 

• Name and contact for company official to reach for further information 

• Job titles and names of affected employees 

• Whether it will be permanent or temporary 

• Expected date of first employment loss and anticipated schedule for remaining employment losses 

• Whether the layoff or closing will result in relocation or contracting out employer’s operations or employee’s positions 

Employees on Paid Leave 

Under the Act, employers are prohibited from including in a mass layoff any employees who are currently on paid leave under Washington’s Paid Family and Medical Leave. This differs from the federal WARN Act. 

Penalties 

Employers who do not provide the required notice may be liable under the Act to each affected employee for up to 60 days back pay and benefits. Civil penalties up to $500 per day may also be imposed on employers who fail to notify ESD, unless the employer makes full payments to affected employees within three weeks of the layoff or closure. 

Next Steps for Employers 

If you have not done so already, employers in Washington should review any reduction-in-force procedures to ensure they comply with these new state obligations in Washington.