What Is Ohio’s New Mini-WARN Act and How Does It Work?

How the New Layoff Law Could Affect Workers Across the State

Ohio House Bill No. 96, signed into law earlier this year, contains a provision of interest to employees, especially in industries that frequently experience layoffs. When Ohio’s new “mini-WARN” law goes into effect on September 29, employees will be entitled to additional notice ahead of mass layoffs.

Our employment law attorneys are keeping abreast of the latest employment law developments in Ohio and beyond. Here’s what you need to know.

What is a mini-WARN Act?

The Worker Adjustment and Retraining Notification (WARN) Act is a federal statute that requires employers to give notice to affected employees before a planned mass layoff. “Mini-WARN” Acts are state laws that mimic the federal law but provide some degree of additional protection to affected workers.

How does the Ohio mini-WARN Act work?

Ohio’s mini-WARN Act mostly tracks with the federal statute, but with two key differences. The new Ohio law will allow employers to give notice to affected workers under the following conditions:

• The employer has 100 or more employees at a single site of employment during any 30-day period, and
• The employer lays off 50 or more employees at a single site of employment during any 30-day period.

A key difference between the Ohio law and the federal WARN Act is what’s missing. Under the federal law, to trigger the notice requirement, the number of laid-off workers must comprise at least one-third of the total number of employees at that site. Under the Ohio law, there is no one-third requirement.

For example, if an employer has 300 employees at a particular site and plans to lay off 95 of them, then under the federal WARN act, they are not required to provide notice because, while there are more than 100 workers at the site and more than 50 being laid off, the laid off workers are less than one-third of the total workers at the site. But under the Ohio law, in this scenario, the employer would be required to provide notice to the affected workers.

In addition, the Ohio mini-WARN Act will require more notice to local government of the planned layoff compared to the federal Act. Under federal law, the employer must provide notice to the unit of local government to which the employer pays the highest taxes. Under the Ohio law, the employer must make two notifications: they must inform the chief elected official of the local municipality (mayor or equivalent) and the chief elected official of the county where the plant is located.

Our law firm understands the complex interactions between state and federal law

In general, when it comes to workplace protections, federal law sets minimum standards, and state law can provide additional protection for workers. Ohio’s new mini-WARN Act is an example of such a state law. Another is Ohio’s minimum wage, which sets a higher floor for wages (currently $10.70 per hour) than the federal minimum wage ($7.25 per hour).

Sometimes, the interactions between federal and state laws are more complicated, and your rights may not be entirely clear. That’s one of many reasons it’s so important to have an attorney who is well-versed in employment law to help you navigate any legal issues in the workplace.

If you are dealing with an employment law issue, contact Gibson Law, LLC to schedule your free case evaluation.

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