Washington State WARN Act - The Complete Guide for 2025

The Federal WARN Act was created to create employer obligations related to covered business closures and mass layoffs. Many states, including Washington, have created Mini-WARN Acts, for smaller employers that have additional requirements. 

Here is everything you need to know about the WARN Act in Washington. 

Federal WARN Act

The Federal Worker Adjustment and Retraining Notification (WARN) Act
requires employers with 100 or more employees to provide employees with a 60-day advanced notification of a plant closing or mass layoff.

The WARN Act applies in the following instances: 

• An employer permanently or temporarily closes a facility or operating unit affecting 50 or more full-time employees at a single site of employment
• An employer lays off 500 or more full-time employees during a single 30-day period
• An employer lays off 50 to 499 full-time workers, which constitutes 33 percent of the employer's total active workforce at a single employment site
• An employer extends a temporary layoff that meets either of the above two criteria for longer than six months
• An employer reduces the hours of 50 or more workers by 50 percent or more for each month in a six-month period

The Act also requires that the following information be included in these advanced notifications: 

• Whether the plant closure or layoff is expected to be permanent or temporary
• Expected date of the closure or mass layoff
• Expected date when the individual will be separated from employment

Finally, employers are also required to notify the State Rapid Response Dislocated Worker Unit, in this case, the Washington Employment Security Department (ESD), as well. The Washington ESD maintains a WARN Act notification page on its website that lists the businesses that have issued WARN Act notifications.

Washington Mini-WARN Act

Washington State's Mini-WARN Act applies to an employer with 50 or more full-time employees. It requires employers to provide at least 60 day's advance notice of a business closing or a mass layoff to the affected employees, Washington ESD, and if the employees are unionized, to the employees' union representatives.

Definition of a Business Closing

Under Washington's Mini-WARN Act, a business closing is defined as a permanent or temporary shutdown of a single site of employment of one or more facilities that will result in employment loss for 50 or more full-time employees.

Definition of a Mass Layoff

Under Washington's Mini-WARN Act, to qualify as a mass layoff, an employer must terminate 50 or more full-time employees in a single 30-day period. 

Notice Requirements

In addition to details required by the Federal WARN Act, notices must be in written form and must also include the following: 

• The name and address of the employment site where the business closing or mass layoff will occur, and the name and contact of a company official to contact for further information.
• A statement whether the planned action is expected to be permanent or temporary, and, if the business is to be permanently closed, a statement to that effect, or if the planned action is expected to be temporary, the statement must also include whether the planned action is expected to last longer than three months.
• The expected date of the first employment loss and the anticipated schedule for employment losses.
• The job titles of positions to be affected and the names of the employees currently holding the affected jobs, and notice to ESD must also include the addresses of the affected employees.
• Whether the mass layoff or business closing is the result of, or will result in, the relocation or contracting out of the employer's operations or the employees' positions. 

Extended Layoffs

If an employer previously announced a mass layoff of less than three months, and that layoff is then extended beyond three months due to unforeseeable business circumstances, the employer must give notice when it becomes reasonably foreseeable that an extension is required.

Exceptions

There are exceptions in which employers covered only by Washington State's Mini-WARN Act do not need to provide notice. These exceptions include: 

• The employer was actively seeking capital or business at the time notice would have been required, which would have enabled the employer to avoid or postpone the business closing or mass layoff, AND the employer reasonably and in good faith believed that the notice would have precluded the employer from obtaining the needed capital or business.
• The business closing or mass layoff is caused by:
  • business circumstances that were not reasonably foreseeable at the time notice would have been required
  • A natural disaster, such as a flood, earthquake, drought, storm, tornado, or similar effects of nature
• The business closing or mass layoff is for a construction project, and the affected employees were hired with the understanding that their employment was limited to the duration of the project
• The business closing or mass layoff is for a multi-employer construction project, and the only affected employees are subject to a full union referral or dispatch system

It's important for employers to note that if an exception applies for only part of the 60-day notice window, notice is required at the time the exception no longer applies.

Penalties and Fines

An employer may be subject to the following penalties and fines in the event that there is a failure to provide the required notice:

• Back pay for each day of the violation (equal to the employee's
  average regular rate of compensation for the previous three years or the employees final rate of compensation, whichever is higher) 
• The value of the cost of any benefits to which the employee would have been entitled
• $500 civil penalty for each day of the violation (only if the employer fails to pay all employees the amounts for which the employer is liable within three weeks from the date the employer orders the mass layoff, relocation, or termination)

The liability must be calculated for the period of the violation up to a maximum of 60 days. However, the following things can reduce an employer's liability: 

• Wages paid to the employee during the period of the violation
• Voluntary and unconditional payment made by the employer to the employee that is not required by any legal obligation
• Amount paid to the employee under the WARN Act
• Amount paid to a third party or trustee, such as premiums for health benefits or payments to a pension plan, on behalf of the employee for the period of the violation

Washington ESD, an employee / victim, or the bargaining representative of an employee / victim may bring forth a civil action within three years of the alleged violation. 

Intersection with Washington Paid Family and Medical Leave

An employee who is currently on paid family or medical leave under Washington Paid Family Medical Leave Act (PFML) may not be included in an order of a mass layoff.

However, there is an exception to the above rule if a mass layoff occurs that would not have required an advanced notice due to the exceptions stated earlier. 

Get Help With Washington State Compliance

Businesses struggling with Washington State compliance and other Washington Labor Laws should consider reaching out to a Washington Payroll Company for assistance. 

Get connected with a provider today, or contact us to learn more about your options.

Guest Author: Lori Brown

Lori Brown, CEO of PayNW a leading Washington payroll and HR services company, took the reins in September 2021 from founder Mike Anderson. Growing PayNW from $500K to $13M in annual revenue, Lori has maintained a 96% client retention rate, year over year. She is a talented leader, with extensive experience in payroll, Human Capital Management, Employee Retention Credit (ERC) efforts, and more. Lori was elected to the board of the Independent Payroll Processors Association in 2021 and is a Puget Sound Business Journal 40 Under 40 honoree. She is a mom of three and has been happily married for the past 24 years.