On July 1, Ohio Gov. Mike DeWine signed House Bill No. 96, most of which related to the state’s operating budget for fiscal year 2026-2027. However, the bill also added a new code section that includes a state mini-WARN Act requiring employers to provide 60 days’ advance notice to employees, unions, and certain government officials whenever a “mass layoff” or “plant closing” occurs. The provision goes into effect on Sept. 29, 2025.
Section 4113.31 incorporates the requirements of the federal WARN Act (Fed WARN) and states that “the requirements specified in this section do not establish a different standard than that established by federal statutes and regulations.” The statute also incorporates the meanings of “employer,” “mass layoff,” and “plant closing” from Fed WARN.
In one section, the statute interprets Fed WARN as requiring notice if: 1) the employer employs 100 or more employees who in the aggregate work at least 4,000 hours a week; and 2) the employer lays off 50 or more employees at a single site of employment during any 30-day period.
However, a “mass layoff” under Fed WARN also requires that the full-time employees being separated make up at least 33% of the total number of full-time employees at the single site of employment.
Fed WARN also may require aggregation of layoffs at a single site of employment over a 90-day period. Despite these omissions in the interpretive portion of the law, the sections of the statute...
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