Minnesota WARN Act: 50-employee threshold and 60-day notice
Minnesota's plant closing law (Minn. Stat. § 116L.976) applies to employers with 50 or more full-time employees, half the federal WARN threshold. Employers with 50 to 99 employees are covered by state law but not federal WARN.
MinnesotaMinn. Stat. § 116L50 Employees
50
Employees to trigger
Minnesota applies to employers with 50 or more full-time employees: half the federal WARN threshold of 100.
60 days
Advance notice required
Employers must give 60 days advance written notice before a covered plant closing or substantial layoff.
None
Mandatory severance
Minnesota does not require severance payments. New Jersey is the only state with mandatory severance under its WARN law.
Minnesota's plant closing law (Minn. Stat. § 116L.976) requires advance written notice before a covered plant closing or substantial layoff. The most important difference from federal WARN: Minnesota's law applies to employers with 50 or more full-time employees, half the federal threshold.
This means Minnesota employers who are too small for federal WARN may still be covered under state law. A company with 75 full-time employees operating in Minnesota has state but not federal WARN obligations. Both laws can apply simultaneously when a Minnesota employer meets the federal 100-employee threshold.
Both laws apply simultaneously
A Minnesota employer with 100 or more employees must comply with both federal WARN and the Minnesota plant closing law. The stricter requirement governs on any point of conflict.
Does Minnesota law apply to your layoff?
Three key questions determine whether the Minnesota plant closing law applies: the employer threshold, the triggering event, and the notice requirement.
Does the employer have 50 or more full-time employees?
If yes, the employer is covered by Minnesota law regardless of federal WARN status.
Will 50 or more employees experience an employment loss at a single site?
A plant closing or substantial layoff meeting this count triggers the notice requirement.
Will the employment loss occur within a 30-day period?
The 30-day window determines whether the threshold is met for a given event.
Do not assume federal exemption means state exemption
Minnesota employers with 50 to 99 employees are covered by state law but NOT federal WARN. Do not assume that being below the federal threshold means no notice is required.
Minnesota thresholds and triggers
Minnesota uses a single 50-employee threshold for both the employer coverage test and the triggering event. Both state and federal thresholds must be tracked independently for Minnesota employers.
Key thresholds
Employer threshold
50 or more full-time employees
Plant closing
Closing of a facility or operating unit resulting in employment loss for 50 or more employees within a 30-day period
Substantial layoff
50 or more employees losing employment (not due to a plant closing) within a 30-day period
Temporary layoffs
Covered if they extend beyond 6 months
Part-time workers
Generally not counted toward the 50-employee threshold (those working fewer than 20 hours per week)
Track state and federal thresholds independently
A layoff that does not meet the federal WARN threshold may still trigger Minnesota's law. Both analyses must be run for every covered employer.
Decision tree: does Minnesota law require notice?
Work through these five steps in order to determine your notice obligations.
1
Does your company have 50 or more full-time employees in Minnesota?
Yes: Continue to step 2
No: Minnesota law does not apply. Check federal WARN separately if you have 100 or more employees nationwide.
2
Will 50 or more employees at a single site lose employment?
Yes: Continue to step 3
No: May not meet the plant closing or substantial layoff trigger. Monitor the count carefully.
3
Will the employment loss occur within 30 days?
Yes: Continue to step 4
No: Track the window carefully. Layoffs that aggregate within 30 days can still trigger the law.
4
Does an exception apply?
Yes: Document carefully. Reduced notice may be permissible. See the Exceptions section.
No: Full 60-day advance written notice is required.
5
Does your company also have 100 or more employees?
Yes: Federal WARN also applies. Comply with both laws. Use the stricter requirement on any point of conflict.
No: Only Minnesota law applies. Comply with state requirements.
Not sure if your layoff triggers the law?
Use the WARN Act Calculator to enter your headcount and layoff details and get an instant coverage determination under both Minnesota and federal law.
Written notice must be delivered to three recipients at least 60 days before the first employment loss.
1
Affected employees or their union representative
Each full-time employee who will experience an employment loss must receive written notice. For unionized employees, notice goes to the chief elected officer of the applicable union local.
2
Minnesota Department of Employment and Economic Development (DEED), Dislocated Worker Unit
State agency notice must be submitted to DEED. The Dislocated Worker Unit coordinates reemployment assistance for affected workers.
3
Chief elected official of the local government
The mayor, county executive, or equivalent official of the unit of local government where the affected site is located must receive written notice.
Exceptions to the 60-day requirement
Minnesota recognizes similar exceptions to federal WARN. All exceptions reduce the required notice period. They do not eliminate it. Minnesota courts look to federal WARN case law for guidance on exception interpretation.
Unforeseeable business circumstances
Plant closings and substantial layoffs
A sudden, dramatic change beyond the employer's control that was not reasonably foreseeable at the time 60-day notice would have been required. Loss of a major customer without warning is a classic example.
Limits
The circumstances must be sudden and unexpected, not a predictable revenue decline.
The employer must give notice as soon as practicable after the event becomes known.
The notice must describe the unforeseeable circumstances.
Natural disaster
Plant closings and substantial layoffs
The closing or layoff was a direct result of a flood, earthquake, drought, storm, or similar natural disaster.
Limits
The layoff must be a direct result of the disaster, not downstream economic effects.
Notice must still be given as soon as practicable.
Even with an exception, notice is still required
Even when an exception applies, notice must be given as soon as practicable. Give as much advance notice as the circumstances allow.
Penalties for violation
Penalties are similar to federal WARN: back pay and benefits for the period of violation, up to 60 days, plus civil penalties payable to the affected local government.
Per-employee liability
Back pay and the value of benefits for each day of the violation period, up to 60 days per employee.
Civil penalty
Civil penalties payable to the unit of local government where the layoff occurred.
Smaller employers face state-only exposure
The lower Minnesota threshold means smaller employers face liability that would not exist under federal WARN alone. A 75-employee Minnesota company has state but not federal exposure.
Minnesota vs. federal WARN
Minnesota's key advantage over federal WARN is the lower employer threshold. Employers with 50 to 99 employees are covered by state law but exempt from federal WARN.
Requirement
Minnesota
Federal WARN
Employer threshold
50 full-time employees
100 full-time employees
Plant closing trigger
50 employees at a single site
50 employees at a single site
Substantial layoff trigger
50 employees
500 employees, or 50-499 + 33% of workforce
Notice period
60 days
60 days
Mandatory severance
None
None
Faltering company exception
Not explicit (courts look to federal precedent)
Yes (plant closings only)
UFBC exception
Yes
Yes
State agency notice
Minnesota DEED
Minnesota DEED (same agency)
Minnesota rows highlighted in green are where state law is more protective than federal WARN.
66 steps across 9 phases, including WARN Act notice requirements, adverse impact analysis, and documentation. Formatted as an Excel workbook your team can track in real time.
Frequently asked questions
Does Minnesota have its own WARN Act?
Yes. Minnesota's plant closing law (Minn. Stat. § 116L.976) applies to employers with 50 or more full-time employees and requires 60 days advance written notice before a covered plant closing or substantial layoff.
Do both Minnesota law and federal WARN apply to the same layoff?
Yes, if the employer has 100 or more employees and the layoff meets both triggering thresholds. The employer must comply with both laws. Where the laws conflict, the more protective requirement governs.
Does Minnesota require mandatory severance?
No. Minnesota has no mandatory severance requirement under its plant closing law. Only New Jersey requires severance under its state WARN law.
Which agency receives WARN notices in Minnesota?
The Minnesota Department of Employment and Economic Development (DEED), Dislocated Worker Unit.
Does the 50-employee threshold include part-time workers?
Generally, part-time workers (fewer than 20 hours per week) are not counted toward the 50-employee threshold. Full-time equivalent analysis may apply in some circumstances.
People Plan
Minnesota WARN coverage calculated automatically
People Plan determines coverage under both federal WARN and the Minnesota plant closing law from your employee data, calculates the notice period and recipients, and generates the required written notices.
Legal disclaimer
This guide is provided for general informational purposes and does not constitute legal advice. WARN Act analysis is fact-specific and depends on exact headcounts, site definitions, and timing. Always have employment counsel review WARN obligations before issuing or declining to issue notice. People Plan is not a law firm.