Washington Mini-WARN Act 2025: What Employers Must Know About Layoff Notices

Effective July 27, 2025, Washington State will implement a new Mini-WARN Act that adds to the federal WARN Act’s requirements. Employers with 50 or more employees in Washington must understand how this new law affects workforce reductions, notice requirements, and compliance penalties. 

In this article, we’ll break down the essentials of the Washington Mini-WARN Act 2025, including who’s covered, what notices are required, and how it uniquely handles employees on paid family and medical leave. 

🏢 What Is the Washington Mini-WARN Act? 

Washington’s Mini-WARN Act supplements the federal Worker Adjustment and Retraining Notification (WARN) Act of 1988. It introduces state-specific requirements for providing advance notice to employees when mass layoffs or business closures are planned. 

Washington is now the 23rd U.S. jurisdiction to pass such legislation. The law becomes effective on July 27, 2025. 

👥 Who Is Covered Under the Mini-WARN Act? 

The law applies to private-sector employers in Washington with 50 or more employees. Key points: 

• Covered employees include those who: 
  • Are laid off for more than six months 
  • Have a 50%+ reduction in hours over six months 
  • Are terminated (except for cause) 
• Part-time employees (under 20 hours/week and employed less than 6 of the previous 12 months) are excluded from the count. 
• Government employers (state, local, or political subdivisions) are exempt. 

✅ Comparison: The federal WARN Act applies only to employers with 100+ full-time workers, so Washington’s law has a broader reach. 

📬 Washington WARN Notice Requirements 

Employers planning a mass layoff or business closure must provide 60 days' advance written notice. 

🔹 When is Notice Required? 

• Mass layoff: 50+ employees laid off, not due to closure 
• Business closure: Permanent or temporary shutdown of a single site affecting 50+ employees 

🔹 Who Must Receive the Notice? 

• Washington Employment Security Department (ESD) 
• Affected employees 
• Any applicable union representatives 

🔹 What Must the Notice Include? 

• Company name and address of the affected site 
• Whether the layoff/closure is temporary or permanent 
• Expected dates of the first and subsequent job losses 
• Job titles and employee names of affected roles 
• Whether the layoff/closure is related to relocation or outsourcing 

⚠️ Are There Any Exemptions? 

Yes, under certain conditions, employers may be exempt from the 60-day notice requirement. These include: 

• The business qualifies as a faltering company (actively seeking capital) 
• There are unforeseeable business circumstances 
• The layoff results from a natural disaster 

These mirror the federal WARN Act exemptions. 

🧾 Special Provision: Employees on Paid Family and Medical Leave 

Employees on Washington State Paid Family and Medical Leave cannot be included in a mass layoff notice, unless: 

• The entire business is closing, or 
• An exemption applies (e.g., disaster, faltering company) 

No other federal or state WARN law currently includes this type of protection. 

✅ Employer Action Plan 

Navigating WARN compliance can be tricky—especially with overlapping federal and state rules. Here are your next steps: 

1. Assess upcoming workforce changes immediately if you have 50+ employees. 
2. Review how many employees may be affected and whether they qualify under the state’s criteria. 
3. Check exemption eligibility if a notice seems impossible. 
4. Be cautious about employees on paid leave—they may alter your WARN obligations. 

🛡️ Penalties for Non-Compliance 

Failure to provide timely WARN notices in Washington can result in civil penalties up to $500 per day. 

📞 Need Help? We’re Here. 

Understanding the Washington Mini-WARN Act is essential for protecting your organization—and your people. Archbright members can contact: 

• The Workplace Law Group for legal guidance 
• The HR Hotline or mozzo Advisor Chat for fast HR advice 

❓ FAQ: Washington Mini-WARN Act 

Q: What is the difference between the federal and Washington WARN Acts? 
A: The federal WARN Act applies to employers with 100+ full-time workers, while Washington’s law applies to employers with 50+ employees. Washington’s law also adds protections for employees on state-paid leave. 

Q: Do I have to notify part-time employees? 
A: No, but they are excluded from the employee count used to determine whether the WARN Act applies. 

Q: Are there exceptions to the 60-day notice rule? 
A: Yes, if the employer is a faltering company, facing unforeseen business conditions, or affected by a natural disaster. 

Q: Can employees on paid family or medical leave be included in a layoff? 
A: No, unless the entire business is closing or you qualify for an exemption. 

📈 Final Thoughts 

Washington’s Mini-WARN Act significantly changes how employers must handle layoffs and closures. Don’t wait—review your workforce planning now, and reach out for help if needed. Give us a call at 888.622.4402 or email us at info@archright.com.