Oregon Revised Statutes § 652.825 through 652.840 require employers with 100 or more employees to give 60 days advance written notice before a plant closing or mass layoff. Oregon's law runs alongside federal WARN with distinct state filing requirements and a lower mass layoff trigger.
OregonORS 652.825West Coast WARN
100+
Employees to trigger
Oregon applies to employers with 100 or more full-time employees (same as federal WARN) but with different mass layoff triggers.
60 days
Advance notice required
Oregon requires 60 days advance written notice before a qualifying plant closing or mass layoff, same as federal WARN.
None
Mandatory severance
Oregon does not require mandatory severance under its plant closing law.
Oregon Revised Statutes § 652.825 through 652.840 require employers with 100 or more employees to provide 60 days advance written notice before a plant closing or mass layoff. Oregon's law runs parallel to federal WARN, with similar thresholds but distinct state notice and filing requirements.
Oregon is part of the West Coast alongside California and Washington, where all three states have their own WARN laws. This creates a dense compliance environment for multi-state Pacific Coast employers. An Oregon employer with operations in California or Washington faces three overlapping notice regimes.
Oregon and federal WARN both apply
An Oregon employer with 100 or more employees must comply with both laws. Oregon's state filing with the Oregon Employment Department is a separate obligation from the federal WARN notice to the state dislocated worker unit. Sending one notice to both agencies does not satisfy the requirement to notify each.
Does Oregon law apply to your situation?
Oregon law applies when the employer has 100 or more employees and a covered plant closing or mass layoff occurs. Oregon's mass layoff trigger differs from federal WARN: Oregon requires only 50 employees to trigger a mass layoff, with no percentage-of-workforce test. Both laws may apply simultaneously.
West Coast employers face multiple state obligations
Oregon employers with California or Washington operations face additional state-specific obligations in those states as well. The West Coast is one of the highest-density state WARN regions in the country. A single workforce reduction at a multi-state Pacific Coast company may simultaneously trigger federal WARN, Oregon law, Cal-WARN, and WA WARN depending on the headcounts at each site.
Oregon thresholds
Oregon uses the same 100-employee employer threshold as federal WARN but has a lower mass layoff trigger. Both prongs require 60 days notice.
Employer coverage threshold
Oregon applies to employers with 100 or more full-time employees, the same as federal WARN. Part-time employees are excluded from the coverage count.
Plant closing trigger
A plant closing is the closure of a facility or operating unit that results in employment loss for:
50 or more employees at the affected site
This matches the federal WARN plant closing trigger. A partial closure of an operating unit within a larger facility counts if 50 or more employees lose employment.
Mass layoff trigger
A mass layoff (not a plant closing) triggers Oregon notice when 50 or more employees lose employment within any 30-day period. There is no percentage-of-workforce test under Oregon's statute.
50 employees within 30 days, no percentage threshold
Oregon's mass layoff trigger is lower than federal WARN
Oregon triggers at 50 employees for a mass layoff, while federal WARN requires 500 employees or 50-499 employees representing 33% of the workforce. An Oregon layoff of 50-499 employees that does not cross the 33% threshold triggers Oregon law but not the federal mass layoff prong (though it may still trigger the federal plant closing prong if a facility is closing). Portland's distributed-workforce tech sector should track Oregon's 50-employee trigger independently from the federal threshold.
Decision tree: does Oregon WARN require notice?
Work through these questions in order. Check Oregon and federal WARN separately: they have different mass layoff triggers.
1
Does your company have 100 or more full-time employees in Oregon?
Count full-time employees company-wide. If yes, Oregon law applies to covered actions at Oregon sites.
Yes: Continue to step 2
No: Oregon law does not apply.
2
Will this involve a plant closing or will 50 or more employees lose employment?
A plant closing requires employment loss for 50+ employees. A mass layoff requires 50+ employees losing employment within 30 days, no percentage test.
Yes: Continue to step 3
No: May not meet the trigger. Monitor headcount.
3
Will the employment loss occur within 30 days?
Oregon's mass layoff window is 30 days. Track the lookback period carefully if reductions are phased.
Yes: Continue to step 4
No: Track the window. Staggered reductions may still aggregate.
4
Does an exception apply?
Oregon recognizes the same exceptions as federal WARN: faltering company (plant closings only), unforeseeable business circumstances, and natural disaster. Document the basis carefully.
Yes: Reduced notice may be permissible. Document the exception in the notice.
No: Full 60-day notice is required.
5
Does this also trigger federal WARN?
Check both the plant closing prong (50+ employees) and the mass layoff prong (500 employees, or 50-499 employees at 33%+ of workforce) independently. A layoff that triggers Oregon's mass layoff threshold may not trigger the federal mass layoff prong.
Yes: Both Oregon and federal WARN notices are required. See the WARN Act Calculator.
No: Oregon notice is required; federal WARN may not apply to this action.
Not sure if your headcount triggers notice?
The WARN Act Calculator inputs your employee counts and outputs whether federal WARN, Oregon law, or both apply.
Oregon requires written notice to three recipients. The state agency filing is a separate obligation from the federal WARN notice and must be sent to the Oregon Employment Department's Rapid Response unit.
1
Affected employees or their union representative
Written notice to each affected full-time employee with the expected separation date and whether the separation is temporary or permanent. If employees are represented by a union, notice goes to the chief elected officer of the local.
2
Oregon Employment Department, Rapid Response unit
The Oregon Employment Department coordinates reemployment and retraining services for displaced workers through its Rapid Response program. Notice to the OED is a distinct state filing obligation.
3
Chief elected official of the local government
The mayor, county executive, or equivalent elected official of the unit of local government where the affected site is located.
Exceptions to the 60-day requirement
Oregon recognizes exceptions similar to federal WARN: unforeseeable business circumstances (UFBC), faltering company (plant closings only), and natural disaster. Oregon courts look to federal precedent for interpretation. All exceptions reduce the notice period. They do not eliminate it.
Unforeseeable business circumstances
Plant closings and mass layoffs
The closing or layoff was caused by business circumstances that were not reasonably foreseeable at the time 60-day notice would have been required. A sudden loss of a major customer or contract is a classic example.
Limits
Business circumstances must be sudden and unexpected, not a worsening trend the employer was tracking.
The employer must still give as much notice as practicable and state the exception in the notice.
Fast-moving tech layoffs do not automatically qualify. Courts ask whether the business circumstances were genuinely unforeseeable.
Faltering company
Plant closings only
The employer was actively seeking capital or business at the time 60-day notice would have been required, and reasonably believed in good faith that giving notice would have precluded obtaining that capital or business.
Limits
Applies only to plant closings, not mass layoffs.
The employer must have been actively seeking capital, not merely hoping for a turnaround.
The notice must identify the exception and the circumstances.
Natural disaster
Plant closings and mass layoffs
The closing or layoff is a direct result of a natural disaster: flood, earthquake, drought, storm, or similar event.
Limits
The layoff must be a direct result of the disaster, not downstream economic effects.
Notice must be given as soon as practicable.
Tech sector layoffs and the UFBC exception
Oregon's tech sector has experienced rapid hiring and layoff cycles. Fast-moving tech layoffs do not automatically qualify for the unforeseeable business circumstances exception. Courts in the Ninth Circuit look at whether the business circumstances were genuinely unforeseeable, not merely whether the employer moved quickly once a decision was made.
Penalties for violation
Oregon does not require mandatory severance. Violations expose the employer to back pay and the value of benefits for the violation period, plus civil penalties.
Per-employee liability
Back pay at the employee's regular rate, plus the cost of benefits (including medical expenses that would have been covered), for each day of the violation, up to 60 days per employee.
Civil penalties
Civil penalties apply per day of violation. Employers may reduce liability by making voluntary payments to affected employees during the violation period.
Ninth Circuit jurisdiction
Oregon WARN claims are filed in U.S. District Court in the Ninth Circuit, the same circuit that governs California WARN Act litigation. Ninth Circuit courts apply WARN exceptions narrowly and have a substantial body of WARN Act case law that Oregon employers and counsel should review before invoking any exception.
Oregon's West Coast WARN environment
Oregon, California, and Washington all have state WARN laws. This creates one of the highest-density state WARN regions in the country for multi-state employers. A single workforce reduction at a Pacific Coast company may trigger all three state laws in addition to federal WARN, each with its own recipients, lookback periods, and agency filings.
California (Cal-WARN)
Employer threshold
75 full-time employees
Mass layoff trigger
50 employees, no percentage trigger
Part-time in threshold
Included in threshold
Financial distress exception
Not available
Strictest West Coast threshold.
Oregon (ORS 652.825)
Employer threshold
100 full-time employees
Mass layoff trigger
50 employees within 30 days
Part-time in threshold
Excluded from threshold
Financial distress exception
Available
Lower mass layoff trigger than federal WARN.
Washington (RCW 49.82)
Employer threshold
100 full-time employees
Mass layoff trigger
500 employees, or 50 employees + 33% of workforce
Part-time in threshold
Excluded from threshold
Financial distress exception
Available
Mass layoff trigger mirrors federal WARN.
Oregon vs. California (Cal-WARN)
California's WARN threshold of 75 employees is lower than Oregon's 100-employee threshold, and California includes part-time workers in the count. An Oregon-headquartered company with California operations may be subject to Cal-WARN before it reaches Oregon's own threshold.
Requirement
Oregon
California (Cal-WARN)
Employer threshold
100 full-time employees
75 full-time employees
Plant closing trigger
50 employees
50 employees
Mass layoff trigger
50 employees
50 employees (no percentage trigger)
Notice period
60 days
60 days
Part-time workers in threshold
Excluded
Included
Financial distress exception
Available
Not available
Mandatory severance
None
None
State agency
Oregon Employment Dept
California EDD
California-specific differences highlighted in green. California is the stricter of the two laws on employer threshold and part-time worker counting.
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 Oregon have its own WARN Act?
Yes. Oregon Revised Statutes § 652.825 through 652.840 require employers with 100 or more employees to provide 60 days advance written notice before a plant closing or mass layoff. Oregon's law runs parallel to federal WARN and includes its own filing requirement with the Oregon Employment Department.
How does Oregon's mass layoff trigger differ from federal WARN?
Oregon triggers at 50 employees for a mass layoff, regardless of what percentage of the workforce that represents. Federal WARN requires 500 employees or 50-499 employees representing 33% or more of the workforce. This means Oregon can trigger in a mid-sized layoff that would not reach the federal mass layoff threshold.
Which agency receives Oregon WARN notices?
The Oregon Employment Department, Rapid Response unit, along with affected employees (or their union representative) and the chief elected official of the local government where the affected site is located.
Do Oregon, California, and Washington all have different WARN laws?
Yes. All three West Coast states have their own plant closing laws. California has the strictest threshold: 75 full-time employees, and California includes part-time workers in its count. Oregon and Washington both use 100-employee thresholds but have slightly different mass layoff triggers. Oregon triggers a mass layoff at 50 employees; Washington uses the same 500-or-33% structure as federal WARN.
Does WARN apply to Portland tech companies?
Yes, if the company has 100 or more full-time employees. Startup status and investor funding do not create a WARN exemption. Portland tech employers that have grown past 100 full-time employees are subject to both Oregon and federal WARN, and may be subject to Cal-WARN if they have California operations.
People Plan
Oregon and federal WARN coverage calculated automatically
People Plan determines WARN coverage under both federal and Oregon law from your employee data, flags the lower Oregon mass layoff trigger, and generates the required written notices to all three recipients, so your legal team reviews rather than drafts.
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.