On May 13, 2025, Washington Governor Bob Ferguson signed into law a state mini-WARN Act called the “Securing Timely Notification and Benefits for Laid-Off Employees Act” (“WA-WARN Act”). Effective July 27, 2025, employers in Washington state with more than 50 employees will now be required to provide at least 60 days’ written notice prior to ordering a “business closing” or “mass layoff.”
The WA-WARN Act includes several key differences from the federal Worker Adjustment and Retraining Notification Act (“WARN Act”). For example, the WA-WARN ACT applies to employers with 50 or more employees, excluding “part-time employees.” This expands the scope of Washington employers subject to the WA-WARN Act as compared to the Federal WARN Act’s 100 or more full-time employee threshold.
The WA-WARN Act’s definition of “mass layoff” may also subject Washington employers to additional triggering events and notice requirements for state-wide layoffs. For example, the WARN Act defines “mass layoff” as “employment loss at the single site of employment” during any 30-day period affecting “at least 33 percent of the employees” and at least 50 employees or affecting at least 500 employees. In contrast, the WA-WARN Act’s definition of “mass layoff” includes reductions of 50 or more employees without specifying a single-site, percentage, or minimum employee requirement.
The WA-WARN Act incorporates the WARN Act’s notice requirements requiring closure or layoff notices to include:
- The name and address of the site conducting the closing or mass layoff;
- Contact information for company officials to contact for further information;
- A statement whether the action is expected to be permanent or temporary and for how long;
- A schedule of employment losses;
- Job titles, positions, and names of employees that will be affected; and
- Whether the layoff or closing will result in relocation or contracting out of the employer’s operations or employee’s positions.
Employers that fail to provide the required notice under the WA-WARN ACT are liable to each aggrieved employee, including back pay and other damages.
