On September 29, 2025, Ohio joined 13 other states with its adoption of a “mini-WARN” Act (“Ohio WARN”), which will supplement federal WARN notice requirements for employers anticipating mass layoff events.
Enacted at Ohio Revised Code Section 4113.31, Ohio WARN largely tracks federal WARN standards, however, there are notable differences from federal WARN of which Ohio employers should be aware. In addition, the Ohio WARN statutory language contains a few key ambiguities that may complicate employer compliance with the law until these points are addressed in either a statutory amendment, regulations, or official guidance.
Ohio WARN incorporates by reference federal WARN’s definition of “employer,” which in general covers employers who employ at least 100 “full time” employees, excluding “part-time” employees, (each term as uniquely defined in the statute); or alternatively, 100 or more employees (including “part-time”) employees who, in the aggregate, work at least 4,000 hours per week.
However, in a different section of the statute, Ohio WARN then appears to articulate a definition of “employer” that does not align with the federal definition by stating that notice is only required if an employer “employs one hundred or more employees who in the aggregate work at least four thousand hours a week.” This seems to define a covered employer only as one whose 100 employees work the minimum aggregate weekly amount and does not appear to account for the federal WARN’s...
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