
Mini WARN Act by State: 16 Layoff Notice Laws Compared With Federal WARN (2026)
- Primary data
- State statutes and rules coded by SMBB; U.S. Census Bureau Statistics of U.S. Businesses 2022
- Data period
- Law in force on 2026-10-31; firm counts March 2022
- Latest release used
- 2026-10-31
- Next release
- Registry rechecked quarterly; SUSB 2023 not yet posted on 2026-10-31
- Geography
- United States: 23 states opened in official text, 16 coded as mandatory laws
- Sources
- 44 (41 Tier 1)
A mini WARN act is a state layoff-notice law. Reading official texts, we found 16 states with one in force on 2026-10-31. Ten set the employer threshold below the federal 100 employees, Iowa lowest at 25; four require 90 days' notice; and 12 address who gives notice when a business is sold.
State plant-closing and mass-layoff notice laws (mini WARN acts)
Checked quarterly, and after each state legislative session. Last checked 2026-10-31. Entries are neutral records of public data; each links to its source record.
| State | Rule as coded from the official text | Date | Evidence | Source |
|---|---|---|---|---|
| California | Mandatory notice law. Threshold: 75 (establishment). Notice: 60 days. Sale rule: none. Citation: Cal. Lab. Code 1400 to 1408. Confidence: clear text. | 2026-10-31 | agency record (archived copy) | Record |
| Delaware | Mandatory notice law. Threshold: 100 (employer). Notice: 60 days. Sale rule: split. Citation: 19 Del. C. 1901 to 1911. Confidence: clear text. | 2026-10-31 | agency record | Record |
| Hawaii | Mandatory notice law. Threshold: 50 (establishment). Notice: 60 days. Sale rule: sale is a trigger. Citation: Haw. Rev. Stat. 394B-1 to 394B-13. Confidence: clear text. | 2026-10-31 | agency record (archived copy) | Record |
| Illinois | Mandatory notice law. Threshold: 75 (employer). Notice: 60 days. Sale rule: split. Citation: 820 ILCS 65. Confidence: clear text. | 2026-10-31 | agency record (archived copy) | Record |
| Iowa | Mandatory notice law. Threshold: 25 (employer). Notice: 30 days. Sale rule: split. Citation: Iowa Code 84C.1 to 84C.5. Confidence: clear text. | 2026-10-31 | agency record | Record |
| Maine | Mandatory notice law. Threshold: 100 (establishment). Notice: 90 days. Sale rule: none. Citation: 26 M.R.S. 625-B. Confidence: clear text. | 2026-10-31 | agency record | Record |
| Maryland | Mandatory notice law. Threshold: 50 (employer). Notice: 60 days. Sale rule: both notify. Citation: Md. Code, Lab. & Empl. 11-301 to 11-306. Confidence: clear text. | 2026-10-31 | agency record | Record |
| Nebraska | Mandatory notice law. Threshold: 100 (employer). Notice: 90 days. Sale rule: split. Citation: LB 921 (2026), sections 1 to 6. Confidence: clear text. | 2026-10-31 | agency record (archived copy) | Record |
| New Hampshire | Mandatory notice law. Threshold: 100 (employer). Notice: 60 days. Sale rule: split. Citation: N.H. RSA 275-F. Confidence: clear text. | 2026-10-31 | agency record (archived copy) | Record |
| New Jersey | Mandatory notice law. Threshold: 100 (employer). Notice: 90 days. Sale rule: none. Citation: N.J.S.A. 34:21-1 et seq., as amended by P.L.2019, c.423. Confidence: interpretation needed. | 2026-10-31 | agency record (archived copy) | Record |
| New York | Mandatory notice law. Threshold: 50 (employer). Notice: 90 days. Sale rule: split. Citation: N.Y. Labor Law 860 to 860-i; 12 NYCRR Part 921. Confidence: clear text. | 2026-10-31 | agency record | Record |
| Ohio | Mandatory notice law. Threshold: 100 (employer). Notice: 60 days. Sale rule: by reference. Citation: Ohio Rev. Code 4113.31. Confidence: interpretation needed. | 2026-10-31 | agency record (archived copy) | Record |
| Tennessee | Mandatory notice law. Threshold: 50 (employer). Notice: no fixed lead time. Sale rule: none. Citation: Tenn. Code Ann. 50-1-601 to 50-1-604. Confidence: interpretation needed. | 2026-10-31 | agency record (archived copy) | Record |
| Vermont | Mandatory notice law. Threshold: 50 (employer). Notice: 30 days. Sale rule: both notify. Citation: 21 V.S.A. 411 to 418. Confidence: clear text. | 2026-10-31 | agency record | Record |
| Washington | Mandatory notice law. Threshold: 50 (employer). Notice: 60 days. Sale rule: split. Citation: RCW 49.45. Confidence: clear text. | 2026-10-31 | agency record | Record |
| Wisconsin | Mandatory notice law. Threshold: 50 (employer). Notice: 60 days. Sale rule: exemption if buyer hires. Citation: Wis. Stat. 109.07. Confidence: clear text. | 2026-10-31 | agency record (archived copy) | Record |
| Connecticut | Not counted (repealed). Secs. 31-51n and 31-51o (continued health insurance after a relocation or closing) were repealed effective 2024-06-06 (P.A. 24-147). Citation: Conn. Gen. Stat. 31-51n, 31-51o (repealed). | 2026-10-31 | agency record | Record |
| Massachusetts | Not counted (voluntary or conditional). Advance notification is defined as a voluntary declaration; companies financed by quasi-public agencies agree to voluntary standards; facility means 50 or more employees. Citation: Mass. Gen. Laws c. 151A, 71A to 71H; c. 149, 182. | 2026-10-31 | agency record | Record |
| Minnesota | Not counted (voluntary). The commissioner shall encourage early notice; employers that give notice must report names and occupations of terminated employees. Citation: Minn. Stat. 116L.976. | 2026-10-31 | agency record | Record |
| Oregon | Not counted (federal notice recipient only). Uses the federal WARN definitions and names the Higher Education Coordinating Commission as the agency to notify; no separate state threshold or duty. Citation: ORS 285A.510 to 285A.522. | 2026-10-31 | agency record | Record |
| South Carolina | Not counted (repealed). Former 41-1-40 (posting notice of shutdown when employees must give notice of quitting) was repealed by 2010 Act No. 137, effective 2010-03-31. Citation: S.C. Code 41-1-40 (repealed). | 2026-10-31 | agency record | Record |
| Michigan | Not counted (not found). MCL 450.731, cited by a secondary list as Michigan's plant-closing law, is the short title of the Employee-Owned Corporation Act; no Michigan notice statute was located. Citation: MCL 450.731 (checked). | 2026-10-31 | agency record | Record |
| Kansas | Not counted (not a notice law). K.S.A. 44-616 bars essential industries from ceasing operations to avoid the act without the secretary's authority; it sets no layoff notice duty. Citation: K.S.A. 44-616. | 2026-10-31 | agency record | Record |
The mini WARN act registry: 16 state laws read from the statute books
Sixteen states impose their own enacted, mandatory notice duty before a plant closing or mass layoff. Each row below was coded from the official statute or rule and links to it.
Mini WARN act: A state law that requires advance notice of a plant closing, mass layoff or relocation, modeled on the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 to 2109). The federal law covers employers with 100 or more employees excluding part-time, and requires 60 days' notice.
The registry counts a state only if an enacted law in force on 2026-10-31 puts a notice duty on private employers. That rule keeps proposed bills, voluntary programs and repealed sections out. It keeps in two thin laws: Ohio Rev. Code 4113.31, which writes the federal WARN Act into state law with added notice content, and Tennessee's Plant Closings and Reduction in Operations law, which covers employers of 50 to 99 full-time staff and asks only that the state be told when employees are.
| Jurisdiction | Law and citation | Employer threshold | Event trigger | Notice to employees (days) | Sale-of-business rule | Latest change | Confidence |
|---|---|---|---|---|---|---|---|
| Federal (all states) | Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 to 2109; 20 CFR Part 639) | 100 (employer) | Plant closing: 50 or more job losses at one site in 30 days. Mass layoff: 50 or more if 33 percent of the site, or 500 or more | 60 | Seller before closing, buyer after (federal model) | Statute 1988 (Pub. L. 100-379); eCFR current to 2026-10-29 | clear text |
| California | California Worker Adjustment and Retraining Act (Cal/WARN Act) (Cal. Lab. Code 1400 to 1408) | 75 (establishment) | Mass layoff of 50 or more employees in 30 days (no percentage test); termination; relocation 100 miles or more | 60 | No sale provision | Stats. 2025, Ch. 229 (SB 617), effective 2026-01-01: notice must describe CalFresh and workforce board services | clear text |
| Delaware | Delaware Worker Adjustment and Retraining Notification Act (19 Del. C. 1901 to 1911) | 100 (employer) | Plant closing: 50 or more at one site in 30 days. Mass layoff: 50 or more if 33 percent, or 500 or more. Relocation 50 miles or more | 60 | Seller before closing, buyer after (federal model) | Enacted by 81 Del. Laws c. 312 (approved 2018-07-11); amended by 82 Del. Laws c. 141 | clear text |
| Hawaii | Dislocated Workers (HRS chapter 394B) (Haw. Rev. Stat. 394B-1 to 394B-13) | 50 (establishment) | Closing, partial closing, relocation out of state, or divestiture (sale, transfer, merger) of a covered establishment; no minimum headcount | 60 | The sale itself requires notice | L 2011, c 137 (amended 394B-9) | clear text |
| Illinois | Illinois Worker Adjustment and Retraining Notification Act (820 ILCS 65) | 75 (employer) | Plant closing: 50 or more at one site in 30 days. Mass layoff: 25 or more if 33 percent, or 250 or more | 60 | Seller before closing, buyer after (federal model) | P.A. 102-662, effective 2021-09-15 (2-year notice for power plants and coal mines) | clear text |
| Iowa | Iowa Worker Adjustment and Retraining Notification Act (Iowa Code 84C.1 to 84C.5) | 25 (employer) | Business closing or mass layoff of 25 or more employees (excluding part-time) at one site in 30 days | 30 | Seller before closing, buyer after (federal model) | 2010 Iowa Acts ch. 1085 and ch. 1188 (no later amendment shown in Iowa Code 2026) | clear text |
| Maine | Severance pay due to closing, substantial shutdown or relocation of a covered establishment (26 M.R.S. 625-B) | 100 (establishment) | Closing or relocation 100 miles or more; mass layoff of 33 percent and 50 employees, or 500 | 90 | No sale provision | PL 2023, c. 52 (definitions of covered establishment, closing and relocation) | clear text |
| Maryland | Economic Stabilization Act (reduction in operations) (Md. Code, Lab. & Empl. 11-301 to 11-306) | 50 (employer) | Reduction in operations: shutdown or relocation cutting the workplace by 25 percent or 15 employees, whichever is greater, over any 3 months | 60 | Seller and buyer both give notice | 2021 ch. 587 (HB 1154), effective 2021-10-01; mandatory since 2020 ch. 407 (SB 780), effective 2020-10-01 | clear text |
| Nebraska | Nebraska Worker Adjustment and Retraining Notification Act (LB 921 (2026), sections 1 to 6) | 100 (employer) | Business closing or mass layoff of 100 or more employees (excluding part-time) at one site in 30 days | 90 | Seller before closing, buyer after (federal model) | LB 921 approved 2026-04-14; WARN sections operative on the act's effective date (date not printed in the act) | clear text |
| New Hampshire | New Hampshire Worker Adjustment and Retraining Notification Act (N.H. RSA 275-F) | 100 (employer) | Plant closing: 50 or more at one site in 30 days. Mass layoff: 25 or more if 33 percent of full-time staff, or 250 or more | 60 | Seller before closing, buyer after (federal model) | 2011, 146:1, effective 2012-01-01 | clear text |
| New Jersey | Millville Dallas Airmotive Plant Job Loss Notification Act (N.J.S.A. 34:21-1 et seq., as amended by P.L.2019, c.423) | 100 (employer) | Termination or transfer of operations, or mass layoff, ending 50 or more jobs at or reporting to an establishment in 30 days | 90 | No sale provision | P.L.2019, c.423 approved 2020-01-21; changes in force 2023-04-10 per NJ Department of Labor | interpretation needed |
| New York | New York State Worker Adjustment and Retraining Notification Act (N.Y. Labor Law 860 to 860-i; 12 NYCRR Part 921) | 50 (employer) | Plant closing: 25 or more at one site in 30 days. Mass layoff: 25 or more if 33 percent, or 250 or more. Relocation 50 miles or more | 90 | Seller before closing, buyer after (federal model) | 12 NYCRR Part 921 amended, effective 2023-06-21 (I.D. No. LAB-13-23-00002-A) | clear text |
| Ohio | Compliance with federal WARN Act (Ohio Rev. Code 4113.31) | 100 (employer) | Same as federal; text adds that notice is due when 50 or more are laid off at a single site in 30 days | 60 | Federal rule adopted by reference | House Bill 96 (136th General Assembly), effective 2025-09-30 | interpretation needed |
| Tennessee | Plant Closings and Reduction in Operations (Tenn. Code Ann. 50-1-601 to 50-1-604) | 50 (employer) | Closure, modernization, relocation over 50 miles or policy change cutting 50 or more employees in any 3 months | none (at time employees are told) | No sale provision | Acts 2012, ch. 575 (50-1-602); core law effective 1989-05-29 | interpretation needed |
| Vermont | Notice of Potential Layoffs Act (21 V.S.A. 411 to 418) | 50 (employer) | Closing or mass layoff of 50 or more employees at one or more Vermont worksites over 90 days | 30 | Seller and buyer both give notice | Added 2013, No. 125 (Adj. Sess.), effective 2015-01-15 | clear text |
| Washington | Securing Timely Notification and Benefits for Laid-Off Employees Act (RCW 49.45) | 50 (employer) | Business closing: 50 or more at one site. Mass layoff: 50 or more in 30 days (no single-site limit) | 60 | Seller before closing, buyer after (federal model) | 2025 c 277 created the chapter; 2026 c 86 amended it, effective 2026-03-17 (notices exempt from public disclosure) | clear text |
| Wisconsin | Business closing and mass layoff notice (Wis. Stat. 109.07) | 50 (employer) | Business closing affecting 25 or more; mass layoff of 25 percent or 25 employees (whichever is greater), or 500, excluding new or low-hour employees | 60 | Exempt if buyer agrees to hire | 2025 Wis. Act 139 (per the statute history note) | clear text |
Checked 2026-10-31. Full coding with threshold wording, remedies, URLs and raw file names is in registry.csv. Establishment thresholds (California, Hawaii, Maine) count people at one facility, not the whole employer.
Source: [1][2][3][5][9][11][12][13][14][15][16][18][23][25][26][28][30][31] U.S. Government Publishing Office (United States Code, 2023 edition); eCFR, Office of the Federal Register; California Legislative Information; New York State Senate; New Jersey Legislature; Illinois General Assembly; Wisconsin State Legislature; Iowa Legislature; Maine Legislature, Office of the Revisor of Statutes; New Hampshire General Court; Vermont General Assembly; Maryland General Assembly; Hawaii State Legislature; Tennessee Department of Labor and Workforce Development; Delaware General Assembly; Washington State Legislature; Nebraska Legislature; Ohio Legislative Service Commission
Confidence is marked clear text where the operative words were read directly. New Jersey and Tennessee are marked interpretation needed because the compiled code was not reachable and the text came from a chapter law and an agency reproduction; Ohio is marked the same way because its sale rule applies only through a cross-reference to 20 CFR 639.1 to 639.10.
Ten states reach employers that the federal law leaves out
Ten of the 16 laws apply below the federal 100-employee line. Iowa goes lowest at 25; the most common line is 50.
Employees needed before the law applies; federal line is 100
Source: state statutes and 29 U.S.C. 2101, checked 2026-10-31; SMBB coding
- 25 employees: Iowa, excluding part-time (Iowa Code 84C.2).
- 50 employees: Hawaii (per establishment), Maryland, New York, Tennessee (50 to 99 full-time only), Vermont, Washington and Wisconsin.
- 75 employees: California (per establishment, counting anyone employed in the prior 12 months) and Illinois (excluding part-time, or 4,000 hours a week).
- 100 employees: Delaware, Maine (per establishment), Nebraska, New Hampshire (in-state), New Jersey and Ohio.
The numbers are not measured the same way. Maryland drops anyone working under 20 hours a week or employed under 6 of the last 12 months. Vermont counts part-time employees who work at least 1,040 hours a year. New York counts remote employees based at a site, under its current rules (last amended effective 2023-06-21). Delaware's hours test is 2,000 a week and New Hampshire's is 3,000, against 4,000 in federal law.
Event triggers vary too. Six states start counting below the federal 50 job losses: Maryland at 15 employees or 25 percent of the workplace, whichever is greater, and Illinois, Iowa, New Hampshire, New York and Wisconsin at 25. Nebraska goes the other way: its 2026 law needs 100 job losses before notice is due.
About 33,652 firms owe notice only because their state drew the line lower
Census business counts show how many employer firms sit between each state's threshold and 99 employees, where federal WARN does not reach.
Using Census Statistics of U.S. Businesses for 2022, the latest release, SMBB summed employer firms in each lower-threshold state whose enterprise size falls from the state threshold up to 99 employees. The total across ten states is 33,652 firms with 2,115,575 employees in those states. For every firm of 100 or more in the same states there are 0.44 firms in the state-only band.
Employer firms from the state threshold to 99 employees, 2022
Source: U.S. Census Bureau, SUSB 2022; SMBB calculation
New York has the most, 8,264 firms of 50 to 99 employees. Iowa stands out on a relative basis: its 25-employee line takes in 4,385 firms of 25 to 99, more than the 3,795 Iowa firms of 100 or more, and 6.9 percent of all Iowa employer firms.
Firms between the state threshold and 99 divided by firms with 100 or more, 2022
Source: U.S. Census Bureau, SUSB 2022; SMBB calculation
| State | State threshold | Size classes used | Firms covered only by state threshold | In-state employment of those firms | Firms with 100+ employees | All employer firms | State-only firms as % of all firms | State-only firms per 100+ firm |
|---|---|---|---|---|---|---|---|---|
| New York | 50 | 50 to 99 | 8,264 | 519,597 | 12,787 | 460,514 | 1.8 | 0.65 |
| California | 75 | 75 to 99 | 5,755 | 456,105 | 20,762 | 844,605 | 0.7 | 0.28 |
| Iowa | 25 | 25 to 99 | 4,385 | 184,613 | 3,795 | 63,956 | 6.9 | 1.16 |
| Washington | 50 | 50 to 99 | 3,223 | 194,931 | 6,681 | 165,410 | 1.9 | 0.48 |
| Wisconsin | 50 | 50 to 99 | 3,043 | 192,505 | 5,852 | 110,613 | 2.8 | 0.52 |
| Tennessee | 50 | 50 to 99 | 3,025 | 179,521 | 6,907 | 107,606 | 2.8 | 0.44 |
| Maryland | 50 | 50 to 99 | 2,915 | 178,923 | 6,073 | 113,492 | 2.6 | 0.48 |
| Illinois | 75 | 75 to 99 | 2,034 | 149,726 | 11,059 | 258,353 | 0.8 | 0.18 |
| Hawaii | 50 | 50 to 99 | 640 | 38,815 | 1,679 | 25,794 | 2.5 | 0.38 |
| Vermont | 50 | 50 to 99 | 368 | 20,839 | 1,209 | 17,855 | 2.1 | 0.3 |
| Total, 10 states | 33,652 | 2,115,575 | 76,804 | 2,168,198 | 1.6 | 0.44 |
Census SUSB 2022 enterprise employment size (national, includes part-time) applied to firms with an establishment in the state; an approximation of each law's own count. Federal threshold taken as 100.

When the business is sold: five ways state laws assign the notice duty
Twelve of the 16 laws address a sale. Most copy the federal split between seller and buyer; four go their own way and four say nothing.
In an asset sale the seller's employment ends and the buyer hires the staff. Federal law does not count that change of employer as a job loss by itself: the seller's employees, other than part-time, are treated as the buyer's employees immediately after the effective date of the sale. The provision sits under the heading 'Exclusions from definition of employment loss' in 29 U.S.C. 2101(b)(1). Notice is still owed for any closing or layoff, by the seller up to and including the sale date and by the buyer after it, and 20 CFR 639.4(c) lets a seller, if so empowered, give notice as the buyer's agent when it knows of definite buyer plans to cut jobs within 60 days.
| Jurisdiction | Rule type | What the text says | Citation |
|---|---|---|---|
| Federal (all states) | Seller before closing, buyer after (federal model) | Seller gives notice for events up to and including the sale date; buyer gives notice after it; seller's employees (other than part-time) become buyer's employees at closing (29 U.S.C. 2101(b)(1); 20 CFR 639.4(c)) | 29 U.S.C. 2101 to 2109; 20 CFR Part 639 |
| California | No sale provision | No sale-of-business provision in Labor Code 1400 to 1408 as read | Cal. Lab. Code 1400 to 1408 |
| Delaware | Seller before closing, buyer after (federal model) | Seller notifies up to and including the sale date, buyer after; seller's employees become buyer's employees at closing (19 Del. C. 1904(e)) | 19 Del. C. 1901 to 1911 |
| Hawaii | The sale itself requires notice | A sale, transfer or merger that dislocates workers (divestiture) itself requires 60 days' notice; a seller actively seeking a buyer may wait until it signs a binding agreement (HRS 394B-2, 394B-9(c)) | Haw. Rev. Stat. 394B-1 to 394B-13 |
| Illinois | Seller before closing, buyer after (federal model) | Seller notifies up to and including the sale date, buyer after; seller's non-part-time employees become buyer's employees at closing (820 ILCS 65/10(e)) | 820 ILCS 65 |
| Iowa | Seller before closing, buyer after (federal model) | Seller notifies for events up to and on the sale date; buyer for events after (Iowa Code 84C.3(1)(c)) | Iowa Code 84C.1 to 84C.5 |
| Maine | No sale provision | No sale-of-business provision in 625-B as read; the employer that closes is liable | 26 M.R.S. 625-B |
| Maryland | Seller and buyer both give notice | Notice must be given both by the seller on or before the sale date and by the purchaser after it; seller's employees become purchaser's employees (Lab. & Empl. 11-305(d)) | Md. Code, Lab. & Empl. 11-301 to 11-306 |
| Nebraska | Seller before closing, buyer after (federal model) | Seller notifies for events up to and on the sale date; buyer for events after (LB 921 section 3(1)(c)) | LB 921 (2026), sections 1 to 6 |
| New Hampshire | Seller before closing, buyer after (federal model) | Seller notifies up to and including the sale date, buyer after; seller's full-time employees become buyer's employees (RSA 275-F:3, IV) | N.H. RSA 275-F |
| New Jersey | No sale provision | No sale-of-business provision in the amended text as read; 'transfer of operations' means moving an establishment to another location | N.J.S.A. 34:21-1 et seq., as amended by P.L.2019, c.423 |
| New York | Seller before closing, buyer after (federal model) | Seller notifies up to and including the sale date, buyer after (Labor Law 860-b(5)); a buyer's promise of jobs does not relieve the seller, but if the buyer breaks a good-faith hiring condition the buyer owes notice (12 NYCRR 921-2.1(b)) | N.Y. Labor Law 860 to 860-i; 12 NYCRR Part 921 |
| Ohio | Federal rule adopted by reference | Requires compliance with 20 CFR 639.1 to 639.10, which includes the federal seller/buyer rule in 639.4(c) | Ohio Rev. Code 4113.31 |
| Tennessee | No sale provision | No sale-of-business provision | Tenn. Code Ann. 50-1-601 to 50-1-604 |
| Vermont | Seller and buyer both give notice | In a sale where mass layoffs will occur, the seller and the purchaser are still required to give notice (21 V.S.A. 413(d)) | 21 V.S.A. 411 to 418 |
| Washington | Seller before closing, buyer after (federal model) | Seller notifies for events up to and on the sale date; buyer for events after (RCW 49.45.020(1)(c)) | RCW 49.45 |
| Wisconsin | Exempt if buyer agrees to hire | Not liable if the closing or layoff results from a sale and the purchaser agrees in writing in the purchase agreement to hire substantially all affected employees with no more than a 6-month break (Wis. Stat. 109.07(6)(a)) | Wis. Stat. 109.07 |
Coded from the statute or rule text only; court decisions are not coded except the Wisconsin annotation noted in the registry.
Source: [1][2][5][7][12][13][15][16][18][22][23][26][28][30][31] U.S. Government Publishing Office (United States Code, 2023 edition); eCFR, Office of the Federal Register; New York State Senate; New York State Department of Labor; Wisconsin State Legislature; Iowa Legislature; New Hampshire General Court; Vermont General Assembly; Maryland General Assembly; Hawaii State Legislature; Hawaii State Legislature; Delaware General Assembly; Washington State Legislature; Nebraska Legislature; Ohio Legislative Service Commission
- Federal split (seller before, buyer after): Delaware, Illinois, Iowa, Nebraska, New Hampshire, New York and Washington; Ohio adopts it by reference to 20 CFR 639.
- Both parties give notice: Maryland (seller on or before the sale date, purchaser after it) and Vermont (seller and purchaser 'are still required' to comply where mass layoffs will occur).
- The sale is the trigger: Hawaii defines a divestiture (sale, transfer or merger that dislocates workers) as a notice event, but a seller actively seeking a buyer may wait until it has a binding agreement.
- Exemption if the buyer hires: Wisconsin excuses notice when the purchaser agrees in writing, in the purchase agreement, to hire substantially all affected employees with no more than a 6-month break.
- Silent: California, Maine, New Jersey and Tennessee have no sale provision in the text read.
New York's rules add detail no other state text has: a buyer's promise of employment does not relieve the seller of notice, but if keeping the workforce is a good-faith condition of the purchase and the buyer does not honor it, the buyer owes notice and the seller is relieved (12 NYCRR 921-2.1(b)). Wisconsin's statute annotation records a 2001 state supreme court holding that a transfer of business assets is not a business closing unless the site shuts down.
Notice timing is one of several labor and tax items that sit on a sale timeline; see the six stages of a sale. Unemployment tax transfers on a sale are covered separately in the SUTA successor rules report, and sales tax successor rules in the bulk sales law registry.
Ninety days in four states, 30 days in two, no lead time in Tennessee
Most state laws keep the federal 60 days. Four lengthen it, two shorten the employee notice, and three add severance on top.
Tennessee is left out: it sets no lead time
Source: state statutes and 29 U.S.C. 2102, checked 2026-10-31; SMBB coding
Maine, Nebraska, New Jersey and New York require 90 days. Maine's 90 days apply to closings and relocations of a covered establishment; a mass layoff there must be reported to the director within 7 days. Vermont asks for 45 days to the state and 30 days to employees, and Iowa for 30 days. A state's shorter period does not shorten federal notice for an employer the federal law covers.
| Jurisdiction | Employer threshold | Notice to employees (days) | Severance required | Remedy or penalty |
|---|---|---|---|---|
| Federal (all states) | 100 | 60 | no | Back pay and benefits for up to 60 days; civil penalty up to $500 a day for missing local government notice |
| California | 75 | 60 | no | Back pay and benefits for up to 60 days; civil penalty up to $500 a day for missing agency notice |
| Delaware | 100 | 60 | no | Back pay and benefits for up to 60 days; civil penalty $1,000 a day or $100 a day per dislocated worker, whichever is greater |
| Hawaii | 50 | 60 | yes (dislocated worker allowance, up to 4 weeks) | Back pay and benefits for up to 60 days; civil penalty up to $500 a day; dislocated worker allowance topping up unemployment pay for up to 4 weeks |
| Illinois | 75 | 60 | no | Back pay and benefits; civil penalty up to $500 a day for missing government notice |
| Iowa | 25 | 30 | no | Civil penalty up to $100 a day for failing to notify the department; exclusive remedy |
| Maine | 100 | 90 | yes (one week per year of service, 3+ years) | Severance of one week's pay per year of service for employees with 3 or more years; fines up to $1,000 per employee for unpaid severance and $500 a day for missing notice |
| Maryland | 50 | 60 | no | Compliance order and civil penalty up to $10,000 a day |
| Nebraska | 100 | 90 | no | Civil penalty up to $100 a day; exclusive remedy |
| New Hampshire | 100 | 60 | no | Civil penalty up to $2,500 plus up to $100 per employee per day; state may sue and file liens |
| New Jersey | 100 | 90 | yes (one week per year, plus 4 weeks if notice is short) | Mandatory severance of one week per full year of service; 4 more weeks if notice is short; waivers need commissioner or court approval |
| New York | 50 | 90 | no | Back pay and benefits for up to 60 days (Labor Law 860-g) |
| Ohio | 100 | 60 | no | Federal remedies under 29 U.S.C. 2104 |
| Tennessee | 50 | none (at time employees are told) | no | No penalty in the text read |
| Vermont | 50 | 30 | penalty only (up to 10 days) | One day of severance per day of late notice, up to 10 days, plus up to one month of health coverage; administrative penalty of $500 a day for late notice to the Department |
| Washington | 50 | 60 | no | Back pay and benefits for up to 60 days; civil penalty up to $500 a day; employees on paid family or medical leave may not be included in a mass layoff |
| Wisconsin | 50 | 60 | no | Pay and benefits for the days notice was late; surcharge up to $500 a day for missing municipal notice |
Notice to state agencies can differ from notice to employees (Vermont 45 days to the state, 30 to employees; Maine mass layoffs reported within 7 days).
Source: [1][3][6][9][11][13][14][15][16][19][23][24][26][28][30] U.S. Government Publishing Office (United States Code, 2023 edition); California Legislative Information; New York State Senate; New Jersey Legislature; Illinois General Assembly; Iowa Legislature; Maine Legislature, Office of the Revisor of Statutes; New Hampshire General Court; Vermont General Assembly; Maryland General Assembly; Hawaii State Legislature; Hawaii State Legislature; Delaware General Assembly; Washington State Legislature; Nebraska Legislature
Three states require payments beyond back pay. New Jersey requires severance of one week's pay for each full year of service whenever its law is triggered, plus 4 more weeks if notice falls short. Maine requires one week's pay per year of service for employees with at least 3 years. Hawaii requires a dislocated worker allowance that tops up unemployment benefits for up to 4 weeks. Maryland allows civil penalties of up to $10,000 a day; Delaware's penalty is $1,000 a day or $100 a day per dislocated worker, whichever is greater.

Three new state laws since 2025, and older ones that no longer apply
Washington, Ohio and Nebraska added laws in 2025 and 2026, while New Jersey and New York tightened theirs in 2023. Several laws on older lists are gone or voluntary.
| Date | State | Change | Source ids |
|---|---|---|---|
| 2023-04-10 | New Jersey | P.L.2019, c.423 changes take effect: 90 days' notice, mandatory severance, 100-employee count | s9, s10 |
| 2023-06-21 | New York | Amended 12 NYCRR Part 921 takes effect (I.D. No. LAB-13-23-00002-A) | s8 |
| 2023 | Maine | PL 2023, c. 52 amends the covered establishment, closing and relocation definitions | s14 |
| 2024-06-06 | Connecticut | Secs. 31-51n and 31-51o (health insurance after a closing) repealed | s35 |
| 2025 | Washington | Chapter 277, Laws of 2025 creates RCW 49.45 (50-employee threshold, 60 days) | s28 |
| 2025 | Wisconsin | 2025 Wis. Act 139 amends 109.07 | s12 |
| 2025-09-30 | Ohio | Ohio Rev. Code 4113.31 takes effect (House Bill 96) | s31 |
| 2026-01-01 | California | SB 617 (Stats. 2025, Ch. 229) adds CalFresh and workforce board content to notices | s3 |
| 2026-03-17 | Washington | 2026 c 86 takes effect; WARN notices exempt from public records disclosure | s29 |
| 2026-04-14 | Nebraska | LB 921 approved: 100-employee threshold, 100-job trigger, 90 days' notice | s30 |
Dates are effective dates where the official text gives one; otherwise the year of the session law.
Source: [3][8][9][10][12][14][28][29][30][31][35] California Legislative Information; New York Department of State; New Jersey Legislature; New Jersey Department of Labor and Workforce Development; Wisconsin State Legislature; Maine Legislature, Office of the Revisor of Statutes; Washington State Legislature; Washington State Legislature; Nebraska Legislature; Ohio Legislative Service Commission; Connecticut General Assembly
Washington's law covers employers of 50 or more in the state and, unlike federal law, counts a mass layoff of 50 without limiting it to a single site. It also bars including employees on paid family or medical leave in a mass layoff. Ohio's law states that it does not set a different standard from federal law; it adds content requirements for notices and names the director of job and family services as a recipient.
| State | Status | What the text says | Citation |
|---|---|---|---|
| Connecticut | repealed | Secs. 31-51n and 31-51o (continued health insurance after a relocation or closing) were repealed effective 2024-06-06 (P.A. 24-147) | Conn. Gen. Stat. 31-51n, 31-51o (repealed) |
| Massachusetts | voluntary or conditional | Advance notification is defined as a voluntary declaration; companies financed by quasi-public agencies agree to voluntary standards; facility means 50 or more employees | Mass. Gen. Laws c. 151A, 71A to 71H; c. 149, 182 |
| Minnesota | voluntary | The commissioner shall encourage early notice; employers that give notice must report names and occupations of terminated employees | Minn. Stat. 116L.976 |
| Oregon | federal notice recipient only | Uses the federal WARN definitions and names the Higher Education Coordinating Commission as the agency to notify; no separate state threshold or duty | ORS 285A.510 to 285A.522 |
| South Carolina | repealed | Former 41-1-40 (posting notice of shutdown when employees must give notice of quitting) was repealed by 2010 Act No. 137, effective 2010-03-31 | S.C. Code 41-1-40 (repealed) |
| Michigan | not found | MCL 450.731, cited by a secondary list as Michigan's plant-closing law, is the short title of the Employee-Owned Corporation Act; no Michigan notice statute was located | MCL 450.731 (checked) |
| Kansas | not a notice law | K.S.A. 44-616 bars essential industries from ceasing operations to avoid the act without the secretary's authority; it sets no layoff notice duty | K.S.A. 44-616 |
Each was opened in its official text; see excluded.md.
Source: [32][33][34][35][36][37][38][39] Minnesota Office of the Revisor of Statutes; General Court of Massachusetts; General Court of Massachusetts; Connecticut General Assembly; South Carolina Legislature; Oregon State Legislature; Michigan Legislature; Kansas Office of Revisor of Statutes
Secondary lists of mini WARN acts often carry laws that have changed. An October 2008 law-firm list of sixteen states included Connecticut, Kansas, Michigan and South Carolina. In the official texts read for this registry, Connecticut's provisions were repealed effective 2024-06-06, South Carolina's in 2010, the Kansas section governs essential industries rather than layoff notice, and the Michigan citation is the short title of the Employee-Owned Corporation Act.
Questions a seller can raise with a broker or attorney before announcing a sale
The registry points to the questions that decide whether notice is owed; it does not answer them for a specific business.
- How many employees does the business have in each state where it operates, and how does that state count part-time and remote staff?
- Will the buyer keep substantially all employees, and is that written into the purchase agreement? (Wisconsin and New York rules turn on it.)
- Does the state treat the sale itself as an event (Hawaii) or require both parties to give notice (Maryland, Vermont)?
- Does the state require severance in addition to notice (Maine, New Jersey) and who bears it under the deal terms?
- Which agency, local officials and unions must receive the notice, and by what date relative to closing?
Brokers handle many of these questions during diligence; a list of questions to ask a broker is on the home page. Licensing of the broker is covered in the broker license registry. Confirm any notice duty with the state labor agency or an employment attorney.
Counts and distributions
Count of mandatory state mini WARN acts
Formulacount of registry rows with status mandatory
Inputs: fact sheet rows 7, 13, 19, 25, 31, 37, 43, 49, 55, 61, 67, 73, 79, 85, 91, 97 (fact sheet rows)
Result: 16 states
Sixteen states impose their own enacted notice duty. Two of them add little: Ohio copies the federal rule with extra notice content, and Tennessee covers only employers of 50 to 99 full-time staff and sets no lead time.
Limitations: Counts Ohio (federal copy) and Tennessee (no lead time); excludes voluntary and repealed laws
States with a lower employer threshold than federal WARN
Formulacount of states with threshold < 100
Inputs: fact sheet rows 7, 13, 19, 25, 31, 37, 43, 49, 55, 61, 67, 73, 79, 85, 91, 97 (fact sheet rows)
Result: 10 states
Ten of the 16 laws reach employers under the federal 100-employee line; the other six match it.
Limitations: California, Hawaii and Maine measure an establishment, not the whole employer
Firms covered only by a state threshold (signature figure)
Formulasum over states of SUSB firms with enterprise size from state threshold to 99
Inputs: fact sheet rows 114, 142, 138, 118, 134, 110, 130, 146, 122, 126 (fact sheet rows)
Result: 33652 firms
About 33,652 employer firms in the ten lower-threshold states sit at or above their state's line but below 100 employees, with about 2.1 million in-state jobs. These are the firms most likely to learn about a notice duty late, because federal WARN does not reach them.
Limitations: Upper-bound style approximation: national enterprise size, includes part-time; see limits Not published elsewhere as of 2026-10-31; computed from the SUSB file in raw/ by scripts/compute_susb.py.
State-only firms per federal-size firm
Formulad11 / d18
Inputs: d11, d18 (fact sheet rows)
Result: 0.44 ratio
Across the ten states there are 0.44 state-only firms for every firm of 100 or more. In Iowa the ratio is 1.16: the 25-employee threshold brings in more firms than the federal law covers there.
Limitations:
Laws that address a sale of the business
Formulad8 + d8a
Inputs: fact sheet rows 11, 17, 23, 29, 35, 41, 47, 53, 59, 65, 71, 77, 83, 89, 95, 101 (fact sheet rows)
Result: 12 states
Twelve of 16 laws say something about a sale: seven copy the federal seller-then-buyer split, Ohio adopts it by reference, Maryland and Vermont require both parties to give notice, Hawaii treats the sale itself as a notice event, and Wisconsin excuses the seller if the buyer agrees in writing to hire. California, Maine, New Jersey and Tennessee are silent.
Limitations:
Laws with a smaller event trigger than federal WARN
Formulacount of states with event_min < 50
Inputs: fact sheet rows 8, 14, 20, 26, 32, 38, 44, 50, 56, 62, 68, 74, 80, 86, 92, 98 (fact sheet rows)
Result: 6 states
Six states trigger notice when fewer than 50 jobs are lost, down to 15 in Maryland (or 25 percent of the workplace, whichever is greater). Hawaii has no headcount trigger at all for a closing or divestiture.
Limitations: Hawaii has no headcount trigger and is not counted; Illinois and New Hampshire require 33 percent at the 25 level
Key findings
- Sixteen states had an enacted, mandatory mini WARN act on 2026-10-31, coded from the statute or rule text of each (SMBB registry).[3][11][13][26][30]
- Iowa has the lowest employer threshold: 25 employees excluding part-time, one quarter of the federal 100 (Iowa Code 84C.2).[13][1]
- Seven states use a 50-employee threshold: Hawaii, Maryland, New York, Tennessee, Vermont, Washington and Wisconsin.[22][17][4][25][16][28][12]
- In Census SUSB 2022, 33,652 employer firms in the ten lower-threshold states had between the state threshold and 99 employees, with 2,115,575 in-state employees.[40]
- Iowa had 4,385 firms of 25 to 99 employees and 3,795 firms of 100 or more in 2022, so its state law reaches more firms than federal WARN does there.[40][13]
- New York had the largest state-only group: 8,264 firms of 50 to 99 employees in 2022.[40][4]
- Maine, Nebraska, New Jersey and New York require 90 days' notice; federal law requires 60 (29 U.S.C. 2102).[14][30][9][5][1]
- Nebraska's 2026 law covers employers of 100 or more but is triggered only when 100 or more jobs are lost, twice the federal plant-closing trigger of 50.[30][1]
- Maryland triggers notice at a cut of 25 percent or 15 employees, whichever is greater, over 3 months, and allows civil penalties up to $10,000 a day.[17][19]
- Hawaii treats a sale, transfer or merger that dislocates workers as a notice event in itself, with 60 days' notice, though a seller still looking for a buyer may wait until a binding agreement.[22][23]
- Wisconsin excuses notice when a sale causes the closing and the purchaser agrees in writing to hire substantially all affected employees with no more than a 6-month break.[12]
- New York's rules say a buyer's promise of jobs does not relieve the seller of notice, but a buyer that breaks a good-faith hiring condition of the purchase becomes responsible (12 NYCRR 921-2.1(b)).[7]
- New Jersey requires severance of one week's pay per full year of service, plus 4 weeks if notice is short, for employers of 100 or more (P.L.2019, c.423).[9]
- Maine requires severance of one week's pay per year for employees with 3 or more years when a covered establishment of 100 or more closes (26 M.R.S. 625-B).[14]
Executive summary
- Sixteen states had an enacted, mandatory plant-closing or mass-layoff notice law on 2026-10-31; three of them (Washington, Ohio and Nebraska) were enacted in 2025 or 2026.
- Ten of the 16 cover employers below the federal 100-employee line: Iowa at 25, seven states at 50, and California and Illinois at 75.
- About 33,652 employer firms in those ten states, with about 2.1 million in-state jobs, fall between the state threshold and 99 employees in Census SUSB 2022 data.
- Four states require 90 days' notice (Maine, Nebraska, New Jersey, New York); Iowa and Vermont give employees 30 days and Tennessee sets no lead time.
- Twelve laws address a sale: most copy the federal rule that the seller notifies up to closing and the buyer after it, but Maryland and Vermont require both, Hawaii makes the sale itself a notice event, and Wisconsin excuses a seller whose buyer agrees in writing to hire substantially all workers.
- Maine and New Jersey require severance on top of notice, and Hawaii requires a dislocated worker allowance for up to 4 weeks.
- Seven laws that secondary lists still describe as mini WARN acts were not counted: Connecticut's was repealed in 2024, South Carolina's in 2010, Massachusetts and Minnesota are voluntary, and the Michigan citation points to an unrelated act.
Questions people ask
What is a mini WARN act?
A state law that, like the federal Worker Adjustment and Retraining Notification Act, requires advance written notice of a plant closing or mass layoff, often with a lower employee threshold, a longer notice period or severance. This registry counts 16 enacted, mandatory state laws as of 2026-10-31.
Does WARN apply when a business is sold?
Yes, if a covered closing or layoff happens. Under 29 U.S.C. 2101(b)(1) and 20 CFR 639.4(c) the seller gives notice for events up to and including the sale date and the buyer for events after it, and the seller's employees (other than part-time) become the buyer's employees at closing. Twelve of the 16 state laws also address a sale, in five different ways.
Which states have stricter WARN laws?
By employer size, Iowa (25 employees), seven states at 50 and California and Illinois at 75 reach smaller employers than federal law. By notice period, Maine, Nebraska, New Jersey and New York require 90 days. By cost, Maine and New Jersey require severance and Maryland allows penalties up to $10,000 a day.
How much notice do I have to give employees before closing a business?
Federal law requires 60 days for covered employers of 100 or more. State periods range from 30 days to employees (Iowa, Vermont) to 90 days (Maine, Nebraska, New Jersey, New York), and Tennessee requires a report to the state when employees are told. Which applies depends on headcount, the size of the closing and exceptions; confirm with the state labor agency or an attorney.
Does the New York WARN Act apply to small employers?
It applies to employers with 50 or more employees in New York excluding part-time, or 50 or more working 2,000 hours a week in total, and a plant closing affecting 25 or more employees triggers it. In 2022 New York had 8,264 firms of 50 to 99 employees, below the federal line (Census SUSB).
Frequently asked questions
How many states have a mini WARN act?
Sixteen states had an enacted, mandatory plant-closing or mass-layoff notice law on 2026-10-31: California, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Nebraska, New Hampshire, New Jersey, New York, Ohio, Tennessee, Vermont, Washington and Wisconsin.
Which state has the lowest WARN threshold?
Iowa, at 25 employees excluding part-time (Iowa Code 84C.2). Seven states use 50 and two use 75; the federal threshold is 100.
Which states require 90 days' notice?
Maine (for closings and relocations), Nebraska, New Jersey and New York. Federal WARN requires 60 days.
Is a business sale a WARN event?
Under federal law the change of employer alone is not treated as a job loss, because the seller's employees become the buyer's employees at closing (29 U.S.C. 2101(b)(1)). Hawaii is the exception found: a sale or merger that dislocates workers requires 60 days' notice under HRS 394B-9.
Who gives WARN notice in an asset sale, the seller or the buyer?
Federally and in seven states, the seller gives notice for closings or layoffs up to and including the sale date and the buyer for those after it. Maryland and Vermont require both parties to give notice.
Does any state require severance pay in a layoff?
New Jersey requires one week's pay per full year of service when its law applies, plus 4 weeks if notice is short. Maine requires one week per year for employees with 3 or more years at a covered establishment of 100 or more. Hawaii requires a dislocated worker allowance for up to 4 weeks.
What is the penalty for not giving WARN notice?
Federal law and most states require back pay and benefits for up to 60 days. State civil penalties include up to $500 a day (California, Illinois, Washington, Hawaii), up to $10,000 a day in Maryland, and $1,000 a day or $100 per worker per day in Delaware.
Which states passed new mini WARN acts recently?
Washington (chapter 277, Laws of 2025), Ohio (Rev. Code 4113.31, effective 2025-09-30) and Nebraska (LB 921, approved 2026-04-14).
Does Connecticut have a mini WARN act?
Not in the official text read on 2026-10-31. Its Secs. 31-51n and 31-51o, which required continued health insurance after a relocation or closing, were repealed effective 2024-06-06.
How many small firms are covered by state WARN laws but not the federal law?
About 33,652 employer firms in ten states fall between the state threshold and 99 employees, based on Census SUSB 2022 enterprise sizes. It is an approximation because Census counts national and part-time employment.
Download the data
Every table in this report is available as a CSV under CC BY 4.0. The fact sheet lists each value with its source URL and access date.
- derived_metrics.csv (CSV)
- fact_sheet.csv (CSV)
- State plant-closing and mass-layoff notice laws (mini WARN acts) (CSV)
- Laws listed elsewhere as mini WARN acts that this registry does not count (CSV)
- Notice periods, severance and penalties (CSV)
- Changes to state notice laws since 2023 (CSV)
- What each law says about a sale of the business (CSV)
- Employer firms between each state's threshold and 99 employees, 2022 (CSV)
For journalists and researchers
If you cite only a few, cite these
- 16 states have an enacted, mandatory mini WARN act (SMBB registry, checked 2026-10-31).[30][28][13]
- 33,652 employer firms in 10 states are covered only because the state threshold is below 100 employees (Census SUSB 2022, SMBB calculation).[40]
- 12 of 16 state laws address a sale of the business; California, Maine, New Jersey and Tennessee are silent.[3][14][9][25]
Most quotable statistics
- Sixteen states had an enacted, mandatory mini WARN act on 2026-10-31, and three of them were enacted in 2025 or 2026.[28][31][30]
- About 33,652 employer firms in ten states owe layoff notice under state law but fall below the federal 100-employee line (Census SUSB 2022, SMBB calculation).[40]
- In Iowa, the 25-employee mini WARN act reaches 4,385 firms of 25 to 99 employees, more than the 3,795 firms of 100 or more that federal WARN covers there (2022).[40][13]
- Twelve of 16 state mini WARN acts address a sale of the business, in five different ways.[5][12][18][23][31]
- Hawaii is the only state found that makes the sale of a covered establishment itself a 60-day notice event.[22][23]
- Maryland allows civil penalties of up to $10,000 a day for missed layoff notice, the highest daily figure in the registry.[19]
Press summary
Sixteen states now have their own enacted, mandatory layoff-notice law, often called a mini WARN act, according to a review of official statute and rule texts by Sell My Business Broker, checked on 2026-10-31. Three of the laws are new: Washington (2025), Ohio (effective 2025-09-30) and Nebraska (approved 2026-04-14). Ten of the 16 reach employers below the federal 100-employee line, with Iowa lowest at 25. Using Census Statistics of U.S. Businesses 2022 data, SMBB estimates that about 33,652 employer firms in those ten states, with about 2.1 million in-state jobs, are covered only because their state drew the line lower. In Iowa the state-only group outnumbers firms of 100 or more. Twelve of the 16 laws address a sale of the business: most follow the federal seller-then-buyer split, but Maryland and Vermont require both parties to give notice, Hawaii treats the sale itself as a notice event, and Wisconsin excuses a seller whose buyer agrees to hire the workforce. Four states require 90 days' notice. The registry is not legal advice.
Suggested headlines
- Sixteen States Now Have Their Own WARN Act; Three Arrived Since 2025
- About 33,652 Firms Owe Layoff Notice Only Because Their State Says So
- In Iowa, the State WARN Act Reaches More Firms Than the Federal Law
- Selling a Business? Twelve State Notice Laws Say Who Must Warn Workers
- Hawaii Makes the Sale Itself a Layoff Notice Event, a Registry of State Laws Finds
How to cite this report
Sell My Business Broker. (2026). Mini WARN Act by State: 16 Layoff Notice Laws Compared With Federal WARN (2026). Retrieved from https://sellmybusinessbroker.com/research/mini-warn-act-by-state/
Reuse license
Data and tables are licensed CC BY 4.0. Attribution: “Source: Sell My Business Broker, Mini WARN Act by State: 16 Layoff Notice Laws Compared With Federal WARN (2026)” with a link to this page.
Reproduce this analysis
Every figure comes from the files below. The scripts that pulled and computed them are kept with the report and can be re-run.
| Dataset | Publisher | Source | Query or filter | Rows used | Retrieved |
|---|---|---|---|---|---|
| Statistics of U.S. Businesses 2022, U.S. and states, NAICS, detailed employment sizes | U.S. Census Bureau | File or endpoint | NAICS == '–' (all industries); STATE in 06, 15, 17, 19, 24, 36, 47, 50, 53, 55; ENTRSIZE detailed classes 02 to 12 plus total 01 | 10 states x 11 size classes plus 10 total rows | 2026-10-31 |
| 29 U.S.C. 2101 to 2109 and 20 CFR Part 639 | GPO govinfo; eCFR | File or endpoint | Part 639 as of 2026-10-29; 29 U.S.C. chapter 23 (2023 edition) | Federal baseline row | 2026-10-31 |
| State statutes and rules (23 jurisdictions opened) | State legislatures and labor agencies | File or endpoint | One official URL per state in registry.csv (official_url) with the saved file name (raw_file) | 16 coded state rows, 7 excluded rows | 2026-10-31 |
Data quality and exclusions
- Registry scope: 23 jurisdictions were opened in official text; 16 were coded as mandatory laws and 7 were excluded (2 repealed, 2 voluntary or conditional, 1 federal notice recipient only, 1 not a notice law, 1 citation not found). States not listed were not individually searched in their codes; see limits.
- Archived copies: 10 of the 16 state rows rely at least in part on an Internet Archive copy because the official site refused automated connections or returned HTTP 403; each copy is of the official page and is labelled in registry.csv.
- New Jersey was coded from the 2019 chapter law (amended sections only) because the compiled N.J.S.A. was not reachable; confidence is set to interpretation needed.
- Tennessee was coded from the statute text reproduced in the state labor department's guide because the official code is hosted by a commercial publisher; confidence is set to interpretation needed.
- SUSB: used the 'U.S. and states, NAICS, detailed employment' file, all-industry rows only (NAICS '–'); 11 non-overlapping size classes below 100 were used and the overlapping subtotal classes (<20, <500) were dropped. No employment noise flags other than G were present in the 110 cells used.
- SUSB firms at 100 or more were computed as the state total minus all classes below 100, not read from a subtotal.
Methodology
Selection: candidate states came from federal sources and secondary lists of mini WARN acts. Each candidate's statute or rule was opened on the legislature or agency site and saved to raw/. Where the official site refused automated connections or returned HTTP 403, an Internet Archive copy of the same official page was used and labelled; no bot protection was bypassed.
Inclusion: a state is counted only if an enacted law in force on 2026-10-31 requires private employers to give notice of a closing, mass layoff or similar event. Proposed bills, voluntary programs, repealed sections and laws that only name a recipient for federal notices are listed in the exclusion table instead.
Coding: for each law SMBB recorded the employer threshold and its unit, the smallest event trigger, notice days to employees, remedies, severance, the sale-of-business rule (grouped into five types), the latest amendment shown in the text, the official URL, the saved file and a confidence level (clear text, interpretation needed, not found). Law-firm pages were read only as Tier 3 context and are not evidence for any row.
Conflicts: where a secondary source and the official text disagreed (for example a citation to MCL 450.731 for Michigan), the official text was followed and the difference recorded in excluded.md.
Derived metrics: counts come from the coded registry. The firm count uses the Census SUSB 2022 'U.S. and states, NAICS, detailed employment' file (server date 2025-04-10, the latest release), all-industry rows, summing firms and employment in size classes from each state's threshold to 99 employees for the ten states with a threshold below 100. Formulas and inputs are in derived_metrics.csv and scripts/compute_susb.py.
Limitations: the registry is a text reading, not legal analysis; it does not code case law, agency guidance or local ordinances, and SUSB sizes are national and include part-time staff. Matching services for owners comparing brokers are described at find a broker; that page is not part of the research.
Last update: 2026-10-31. The registry is rechecked quarterly and after each legislative session.
This report presents published data with its limitations. It is not legal, financial or investment advice.
Sources, ranked by quality
Tier 1: primary and official sources (41)
- [1] U.S. Government Publishing Office (United States Code, 2023 edition). 29 U.S.C. chapter 23, Worker Adjustment and Retraining Notification (sections 2101 to 2109). Statute as codified, 2023 edition. Accessed 2026-10-31.
- [2] eCFR, Office of the Federal Register. 20 CFR Part 639, Worker Adjustment and Retraining Notification. Current to 2026-10-29. Accessed 2026-10-31.
- [3] California Legislative Information. California Labor Code, Division 2, Part 4, Chapter 4 (sections 1400 to 1413), Internet Archive copy of 2026-09-16. Includes Stats. 2025, Ch. 229. Accessed 2026-10-31.
- [4] New York State Senate. New York Labor Law 860-a, Definitions (Internet Archive copy). Current law, archived 2025-08-08. Accessed 2026-10-31.
- [5] New York State Senate. New York Labor Law 860-b, Notice (Internet Archive copy). Current law, archived 2025-09-13. Accessed 2026-10-31.
- [6] New York State Senate. New York Labor Law 860-g, Violation; liability (Internet Archive copy). Current law, archived 2026-08-31. Accessed 2026-10-31.
- [7] New York State Department of Labor. WARN Regulations, 12 NYCRR Part 921. Current rules (amended 2023). Accessed 2026-10-31.
- [8] New York Department of State. New York State Register, June 21, 2023: Notice of Adoption, Update to the WARN Act Rules (LAB-13-23-00002-A). 2023. Accessed 2026-10-31.
- [9] New Jersey Legislature. P.L.2019, Chapter 423 (amending N.J.S.A. 34:21-1 and 34:21-2), Internet Archive copy. Approved 2020-01-21. Accessed 2026-10-31.
- [10] New Jersey Department of Labor and Workforce Development. File a WARN Notice (Internet Archive copy of 2026-10-23). 2026. Accessed 2026-10-31.
- [11] Illinois General Assembly. 820 ILCS 65, Illinois Worker Adjustment and Retraining Notification Act (Internet Archive copy of 2025-05-23). Through P.A. 102-662. Accessed 2026-10-31.
- [12] Wisconsin State Legislature. Wis. Stat. 109.07 (Internet Archive copy of 2026-08-16). 2025 biennium statutes. Accessed 2026-10-31.
- [13] Iowa Legislature. Iowa Code 2026, Chapter 84C. Iowa Code 2026. Accessed 2026-10-31.
- [14] Maine Legislature, Office of the Revisor of Statutes. 26 M.R.S. 625-B. Data extracted 2026-10-05. Accessed 2026-10-31.
- [15] New Hampshire General Court. N.H. RSA Chapter 275-F (Internet Archive copy of 2025-11-27). Current law. Accessed 2026-10-31.
- [16] Vermont General Assembly. 21 V.S.A. Chapter 5, Subchapter 3A, Notice of Potential Layoffs Act. Current law. Accessed 2026-10-31.
- [17] Maryland General Assembly. Md. Code, Labor and Employment 11-301. Current law. Accessed 2026-10-31.
- [18] Maryland General Assembly. Md. Code, Labor and Employment 11-305. Current law. Accessed 2026-10-31.
- [19] Maryland General Assembly. Md. Code, Labor and Employment 11-306. Current law. Accessed 2026-10-31.
- [20] Maryland General Assembly. SB 780 (2020 Regular Session), Chapter 407. 2020. Accessed 2026-10-31.
- [21] Maryland General Assembly. HB 1154 (2021 Regular Session), Chapter 587. 2021. Accessed 2026-10-31.
- [22] Hawaii State Legislature. Haw. Rev. Stat. 394B-2, Definitions (Internet Archive copy of 2026-09-23). Current law. Accessed 2026-10-31.
- [23] Hawaii State Legislature. Haw. Rev. Stat. 394B-9, Notification; penalty (Internet Archive copy of 2026-09-23). Current law. Accessed 2026-10-31.
- [24] Hawaii State Legislature. Haw. Rev. Stat. 394B-10, Dislocated worker allowance (Internet Archive copy of 2015-09-18). Text unchanged since L 1987 per its history note. Accessed 2026-10-31.
- [25] Tennessee Department of Labor and Workforce Development. WARN Technical Assistance Guide, reproducing Tenn. Code Ann. 50-1-601 to 50-1-604 (Internet Archive copy of 2026-10-17). Current guide. Accessed 2026-10-31.
- [26] Delaware General Assembly. 19 Del. C. Chapter 19, Delaware Worker Adjustment and Retraining Notification Act. Current law. Accessed 2026-10-31.
- [27] Delaware General Assembly. 81 Del. Laws c. 312. Approved 2018-07-11. Accessed 2026-10-31.
- [28] Washington State Legislature. RCW Chapter 49.45, Notice of mass layoffs and business closings. Current law. Accessed 2026-10-31.
- [29] Washington State Legislature. RCW 42.56.230 and effective-date note for 2026 c 86. 2026. Accessed 2026-10-31.
- [30] Nebraska Legislature. LB 921 (2026) slip law, Nebraska Worker Adjustment and Retraining Notification Act (Internet Archive copy of 2026-05-07). Approved 2026-04-14. Accessed 2026-10-31.
- [31] Ohio Legislative Service Commission. Ohio Rev. Code 4113.31, Compliance with federal WARN Act (Internet Archive copy of 2026-04-22). Effective 2025-09-30. Accessed 2026-10-31.
- [32] Minnesota Office of the Revisor of Statutes. Minn. Stat. 116L.976, Early warning system. 2026 Minnesota Statutes. Accessed 2026-10-31.
- [33] General Court of Massachusetts. Mass. Gen. Laws c. 151A, 71A (Internet Archive copy of 2026-07-13). Current law. Accessed 2026-10-31.
- [34] General Court of Massachusetts. Mass. Gen. Laws c. 149, 182 (Internet Archive copy of 2026-04-19). Current law. Accessed 2026-10-31.
- [35] Connecticut General Assembly. Conn. Gen. Stat. Chapter 557 (31-51n and 31-51o repealed). Current law. Accessed 2026-10-31.
- [36] South Carolina Legislature. S.C. Code Title 41, Chapter 1 (41-1-40 repealed). Current law. Accessed 2026-10-31.
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- [38] Michigan Legislature. MCL 450.731 (Internet Archive copy of 2025-08-05). Current law. Accessed 2026-10-31.
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Tier 3: journalism and expert commentary (3)
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- [43] BakerHostetler. Efforts to Expand Mini-WARN Acts Requirements Underscore the Importance of Knowing State-Level Post-Sale Obligations (2025-04-24). 2025. Accessed 2026-10-31.
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