Ohio WARN notices give workers and government agencies advance information about certain large layoffs and business closures. In 2026, employers must consider federal WARN requirements and Ohio Revised Code § 4113.31. Ohio also has a separate mass-layoff reporting rule tied to unemployment compensation.
Ohio WARN notices are public layoff or closure filings connected with WARN compliance and state rapid-response services. Covered employers generally provide 60 days’ written notice before qualifying closings or mass layoffs. Ohio law also adds specific notice content and recipient requirements.
Key Ohio WARN Rules at a Glance
| Issue | Current rule |
|---|---|
| Main notice period | Generally at least 60 calendar days |
| Federal employer threshold | Generally 100 or more employees under WARN counting rules |
| Ohio statute | Ohio Revised Code § 4113.31 |
| Main event | Qualifying plant closing or mass layoff |
| State agency | Ohio Department of Job and Family Services |
| Ohio filing form | JFS 00039 |
| Separate Ohio reporting rule | 50 or more lack-of-work separations within seven days can trigger three-working-day notice. |
| Worker remedies | Potential back pay and benefits under federal WARN remedies |
Federal law generally requires covered employers to give 60 days’ written notice before covered events. Ohio incorporated federal WARN requirements into state law in September 2025. The state statute also specifies additional information that employers must provide.
Key takeaways
- Ohio has had a state WARN statute since September 2025.
- Federal WARN rules remain central to determining coverage.
- Ohio adds detailed content and recipient requirements.
- A separate Ohio law can require notice to ODJFS three working days before certain mass layoffs.
- WARN coverage depends on workforce counts, timing, location, and the type of employment loss.
- Recent filings can help workers identify announced layoffs, but a filing alone does not prove a violation.
How Ohio WARN Notices Work in 2026
The federal Worker Adjustment and Retraining Notification Act establishes the main national framework. It generally covers qualifying employers with at least 100 workers under federal counting rules. Covered employers must usually provide written notice 60 calendar days before qualifying events.
Ohio Revised Code § 4113.31 became effective on September 30, 2025. It requires Ohio employers to comply with federal WARN and its implementing regulations. The statute says its requirements do not create a different standard from federal law.
There is an important drafting issue in the Ohio statute. Its text refers to layoffs involving 50 or more employees at one site during 30 days. It does not separately repeat the federal 33-percent test for smaller mass layoffs.
Employment-law commentators have interpreted that omission differently. Some say federal definitions keep the 33-percent test applicable, while others describe continuing uncertainty. Employers facing a borderline event should review both laws before relying on a simple headcount.
When Does the Federal WARN Act Usually Apply?
A plant closing can become covered when an employment site or operating unit closes and reaches WARN’s worker threshold. Mass layoffs follow separate numerical rules under federal law. Multiple employment losses can also be examined across 30-day and 90-day periods.
Federal rules commonly distinguish full-time workers from certain newer or lower-hour employees when testing employer coverage. Part-time employees can still be entitled to notice after an event becomes covered. Managers and supervisors can also qualify as affected employees.
Employers should not assume every large reduction automatically creates WARN liability. Temporary projects, certain short layoffs, transfers, and other situations can receive different treatment. The specific facts surrounding each employment loss matter.
Who Must Receive an Ohio WARN Filing?
Affected workers usually receive notice directly when they have no authorized representative. A union or other authorized representative receives notice for represented employees. Federal law also requires notice to the state dislocated-worker unit and appropriate local government.
Ohio’s statute expressly requires notice to the director of job and family services. It also names the chief elected officials of the municipality and county involved. These state provisions make careful recipient checking especially important.
Employers using Ohio’s current submission process can use Form JFS 00039. ODJFS instructs employers to include a worker list and email the materials to its Rapid Response mailbox. The agency says the filing form can then be publicly posted.
What Information Must an Ohio Notice Contain?
For nonunion workers, Ohio law calls for more than a layoff date. The notice includes the reason and whether the action is permanent or temporary. It must also address employment dates and available reemployment or bumping rights.
Workers should also receive information about unemployment benefits and available assistance services. The notice identifies an employer contact who can answer questions. Services may include placement help, retraining, or counseling.
Government notices require additional details under Ohio law. These include mitigation efforts, information about employee organizations, and copies of worker notices. The requirements can make an Ohio filing more detailed than a basic federal notice.
Workplace discrimination raises different legal questions from WARN compliance. Lawviya’s Letters of Testamentary guide covers several of those separate workplace-rights issues.
Recent Ohio Layoff Filings in 2026
Current public-data trackers based on Ohio filings showed several September 2026 notices. The newest listed filing was dated September 14, 2026. These records can change when employers submit amendments or corrected notices.
| Notice date | Employer | Location | Workers listed | Reported effective date |
|---|---|---|---|---|
| September 14, 2026 | Perstorp Polyols | Toledo/Lucas | 50 | November 2, 2026 |
| September 11, 2026 | Marc Glassman update | Parma/Cuyahoga | 55 | November 10, 2026 |
| September 11, 2026 | Republic National Distributing update | Cincinnati/Hamilton | 56 | September 29, 2026 |
| September 9, 2026 | PJ Trailer | Mount Orab/Brown | 116 | November 8, 2026 |
| August 27, 2026 | Cornerstone Building Brands | Walbridge/Wood | 104 | December 1, 2026 |
These examples should be treated as a current snapshot, not a legal judgment. A filing showing fewer than 60 days between dates does not automatically establish a WARN violation. Exceptions, amendments, reporting dates, and coverage questions may explain the apparent timing.
Ohio Also Has a Separate Three-Working-Day Layoff Rule
Ohio Revised Code § 4141.28 contains a separate mass-layoff reporting requirement. It applies when an employer separates at least 50 people within seven days because of insufficient work. That employer must notify the ODJFS director about the dates and approximate worker count.
The state notice must generally arrive at least three working days before the first separation. Employers must also provide information needed for unemployment-benefit determinations when separations occur. This requirement exists separately from the 60-day WARN framework.
That distinction matters because businesses may focus only on federal WARN. A workforce event can raise several notification duties at once. Human resources teams should review Ohio unemployment reporting requirements during the same planning process.
When Can an Employer Give Less Than 60 Days’ Notice?
Federal WARN recognizes several circumstances allowing reduced notice. These can include certain unforeseeable business circumstances and natural disasters. A limited faltering-company exception may also apply to qualifying plant closings.
Reduced notice does not always mean no notice. Employers generally must provide notice as soon as practicable when an exception permits a shorter period. They must also explain why the shorter notice period applies.
Strikes and lockouts have separate treatment under federal and Ohio provisions. Ohio expressly references federal rules concerning those events. Employers should document the basis for any claimed exception before implementing a reduction.
What Can Workers Do After Receiving a WARN Notice?
Workers should save the full notice and record when they received it. They should compare the stated separation date with later updates from the employer. Keeping pay records and benefit documents can also help clarify any later dispute.
A worker can also review unemployment and retraining resources identified in the notice. Ohio’s Rapid Response program offers reemployment and training assistance following qualifying notifications. The current JFS submission form specifically references those services.
Questions about discrimination, retaliation, contracts, or another employment issue may involve laws beyond WARN. Lawviya’s Law section provides broader legal-service information. For an active Ohio dispute, an Ohio-licensed employment attorney can assess the specific facts.
What Happens if an Employer Violates WARN?
Federal WARN is generally enforced through lawsuits rather than a Department of Labor damages action. Eligible affected workers may seek back pay and benefits for the violation period. Potential recovery can reach up to 60 days, subject to statutory rules and defenses.
Ohio Revised Code § 4113.31 directs affected employees to the remedies provided under federal WARN. Federal courts handle WARN enforcement, and attorney fees may be available in qualifying cases. The remedy depends on the notice given and the circumstances surrounding the event.
A late notice does not establish the amount of damages by itself. Coverage, exceptions, employment losses, and actual notice periods can all affect a claim. Legal review is especially useful when several facilities or phased layoffs are involved.
Frequently Asked Questions
Are Ohio WARN notices public records?
Ohio’s current JFS submission form states that the submitted notice form is not confidential. ODJFS says it can reformat and publicly display submitted filings. Employee contact information on worker lists receives separate confidential treatment.
Does every Ohio layoff require 60 days’ notice?
No, because WARN applies only when statutory coverage requirements are met. Smaller layoffs and some temporary employment losses may fall outside WARN. Specific exceptions can also permit less than 60 days in covered situations.
Does Ohio have its own WARN law?
Yes. Ohio Revised Code § 4113.31 became effective in September 2025 and incorporates federal WARN requirements. It also specifies additional notice content and recipients for covered Ohio events.
Where do Ohio employers submit the state filing?
ODJFS currently provides WARN Notice Submission Form JFS 00039. The form directs employers to send the completed filing and worker list to the Rapid Response mailbox. Employers remain responsible for providing notices to other required recipients.
Can several smaller layoffs be combined under WARN?
Yes, federal WARN contains a 90-day aggregation rule for certain employment losses. Separate actions can be combined unless they resulted from separate and distinct causes. Employers should review planned reductions across both 30-day and 90-day periods.
The Bottom Line
Ohio employers now operate under both federal WARN rules and Ohio’s 2025 statute. The state also maintains a separate three-working-day reporting requirement for certain lack-of-work mass separations. Checking both frameworks can prevent important notice obligations from being missed.
Workers should read each notice carefully and preserve later amendments. Employers should verify workforce calculations, recipients, content, and filing dates before issuing a large reduction.
