Pennsylvania

Pennsylvania WARN Act

Pennsylvania has no state WARN law. Federal WARN (29 U.S.C. § 2101) applies fully to Pennsylvania employers with 100 or more employees. Covered employers must give 60 days advance written notice before a qualifying plant closing or mass layoff. Notice goes to employees, the Pennsylvania Department of Labor and Industry Rapid Response Unit, and the local government.

PennsylvaniaFederal WARNNo State Law

None

State WARN law

60 days

Federal notice required

100+

Employees to trigger

Overview: no state WARN law in Pennsylvania

Pennsylvania is one of the majority of states that has never enacted a state-level plant closing or mass layoff notification law. Federal WARN (29 U.S.C. § 2101 et seq.) is the only WARN statute that applies to Pennsylvania employers. There is no supplemental state notice period, no state-specific threshold, and no mandatory severance requirement under Pennsylvania law.

This matters most for employers with operations in multiple Northeast states. New Jersey, directly to the east, and New York, to the north, both have state WARN laws that are substantially stricter than federal WARN. Pennsylvania employers with facilities on the New Jersey side of the Delaware River are subject to NJ WARN at those sites, including mandatory severance and a 90-day notice requirement.

Regional context: Pennsylvania between two strict WARN states

Pennsylvania sits between two of the strictest state WARN jurisdictions in the country. New Jersey requires mandatory severance of 1 week per year of service. New York requires 90-day notice. Pennsylvania employers with operations across the Delaware River or Hudson face a very different compliance picture.

Federal WARN in Pennsylvania

Because Pennsylvania has no state WARN law, federal WARN is the only statute governing plant closing and mass layoff notice for Pennsylvania employers. Federal WARN requires 60 days advance written notice before a covered plant closing or mass layoff. It applies to employers with 100 or more full-time employees, counted company-wide.

Pennsylvania WARN notices are filed with the Pennsylvania Department of Labor and Industry, Rapid Response Unit. The Rapid Response Unit coordinates reemployment services for workers affected by a covered layoff, including connections to job training programs and unemployment insurance.

State rapid response agency

Pennsylvania Department of Labor and Industry, Rapid Response Unit

Federal WARN notices for Pennsylvania layoffs are submitted to the Rapid Response Unit. Notices must include the employer's name and address, site address, contact information, expected date of the first separation, number of affected employees by job title, and whether the action is permanent or temporary.

Thresholds and triggers

Federal WARN uses separate thresholds for employer coverage, plant closings, and mass layoffs. All three must be analyzed before concluding that notice is or is not required.

Employer coverage threshold

Federal WARN applies to employers with 100 or more full-time employees, counted company-wide across all locations.

Count toward 100

  • Full-time employees (20+ hours/week)
  • Employees on paid leave
  • Employees on temporary layoff with recall rights

Do not count

  • Part-time employees (under 20 hours/week)
  • Employees with fewer than 6 months tenure
  • Independent contractors

Plant closing trigger

A plant closing is a permanent or temporary shutdown of a single site of employment that results in employment loss for:

50 or more full-time employees at the affected site

A partial closing of one operating unit within a site counts if 50 or more full-time employees lose employment. A relocation that permanently closes the Pennsylvania site is analyzed as a plant closing.

Mass layoff trigger

A mass layoff (not a plant closing) requires notice if either threshold is met at a single site:

Option A

50-499 employees

who represent at least 33% of the full-time workforce at the site

Option B

500+ employees

regardless of percentage of workforce

Remote workers in Pennsylvania

Pennsylvania has a large distributed workforce in finance, insurance, and professional services. Remote workers count at their assigned reporting site for WARN purposes. Fully remote workers with no fixed site may aggregate at the employer's principal place of business. This can affect whether a particular site crosses the 50-employee plant closing or mass layoff threshold.

Does federal WARN apply to your Pennsylvania layoff?

Work through these steps in order. If you answer yes to each, WARN notice is required. Use the WARN Act calculator to run exact headcount checks.

1

Do you have 100 or more full-time employees company-wide?

Count all full-time employees across all locations, not just Pennsylvania. Part-time employees under 20 hours per week and employees with fewer than 6 months of service do not count toward the 100-employee threshold.

Yes: Continue to step 2
No: Federal WARN does not apply.
2

Is the action a plant closing or mass layoff at a Pennsylvania site?

A plant closing is a permanent or temporary shutdown of a single site causing employment loss for 50 or more full-time employees. A mass layoff is a non-closing workforce reduction at a single site. Remote workers who are assigned to a Pennsylvania site count toward that site.

Yes: Continue to step 3
No: Federal WARN does not apply to this action at this site.
3

Does the action meet the headcount threshold?

Plant closing: 50 or more full-time employees. Mass layoff: 500 or more full-time employees, OR 50-499 full-time employees representing at least 33% of the full-time workforce at that site.

Yes: Continue to step 4
No: Federal WARN does not apply unless the 90-day aggregation rule pulls in earlier layoffs.
4

Have there been other layoffs at this site in the past 90 days?

Employment losses within a 90-day rolling window are aggregated and treated as a single event if they stem from the same employer decision. Staggered layoffs designed to stay below the threshold are scrutinized. Separate, unrelated business reasons can break the aggregation.

Yes: Aggregate headcounts. You may have crossed the threshold sooner than you thought.
No: Continue to step 5
5

Does an exception apply?

Three federal WARN exceptions exist: faltering company (plant closings only), unforeseeable business circumstances, and natural disaster. Each reduces but does not eliminate the notice requirement. Notice must be given as soon as practicable with a written explanation.

Yes: Reduced notice may be permissible. See the Exceptions section.
No: Full 60-day notice is required.

Notice recipients

Federal WARN requires written notice to three recipients. All three must receive notice at the same time, no later than 60 days before the first separation.

1

Affected employees

Each full-time employee who will experience an employment loss. If employees are represented by a union, notice goes to the chief elected officer of the relevant union local. Notice must be written and must identify the affected position, the expected date of separation, and whether the action is permanent or temporary.

2

Pennsylvania Department of Labor and Industry, Rapid Response Unit

The state dislocated worker unit for Pennsylvania. Submitting notice promptly allows the Rapid Response Unit to arrange on-site services for affected workers, including career counseling, job search assistance, and connections to retraining programs.

3

Chief elected official of the affected local government

The mayor, county executive, or equivalent official of the unit of local government where the plant closing or mass layoff will occur. For layoffs in Philadelphia, this is the Mayor of Philadelphia. For layoffs in other municipalities, identify the chief elected official of that jurisdiction.

Exceptions to the 60-day requirement

Federal WARN has three exceptions that allow reduced notice. None eliminates the notice obligation entirely. In each case the employer must give notice as soon as practicable and explain in writing why the exception applies.

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 search for capital must be active and credible, not speculative.
  • The notice must state that the faltering company exception is being invoked.

Unforeseeable business circumstances

Plant closings and mass layoffs

The closing or layoff was caused by business circumstances that were not reasonably foreseeable when 60-day notice would have been required, such as a sudden, dramatic, and unexpected action or condition outside the employer's control.

Limits

  • The circumstances must be sudden and unexpected, not a foreseeable worsening trend.
  • Loss of a major contract or customer is a classic example. A predictable revenue decline is not.
  • Notice must describe the specific unforeseeable circumstances that caused the shortened notice.

Natural disaster

Plant closings and mass layoffs

The closing or layoff is a direct result of a natural disaster such as a flood, earthquake, 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 after the disaster.

Exceptions reduce, not eliminate, the notice requirement

Even with an exception, notice must be given as soon as practicable with written explanation of the shortened notice basis.

Penalties for violation

Federal WARN violations expose the employer to back pay, medical benefit liability, and a civil penalty for each day of the violation period.

Back pay

Up to 60 days of back pay at the employee's regular rate for each day of the violation period.

Medical benefits

Medical benefit costs that would have been covered during the violation period, up to 60 days.

Civil penalty

$500 per day of violation, payable to the affected local government. Can be offset by voluntary payments to employees.

Jurisdiction for WARN claims

Pennsylvania courts have jurisdiction under federal WARN. Claims are filed in U.S. District Court. There is no Pennsylvania state agency enforcement mechanism because Pennsylvania has no state WARN statute.

Industry notes

Federal WARN applies uniformly regardless of industry. The following sectors generate a disproportionate share of WARN filings in Pennsylvania.

Healthcare and hospital systems

Pennsylvania is home to major health systems including UPMC, Jefferson Health, and Penn Medicine. Hospital mergers, unit closures, and service-line restructurings regularly trigger WARN. Each facility is analyzed as a separate site for the 50-employee plant closing threshold.

Financial services and insurance

Philadelphia is a major financial hub with banks, insurance companies, and asset managers that employ well over 100 people at a single site. These employers are fully covered by federal WARN. Each office location is a separate site.

Manufacturing

Pennsylvania's industrial base spans steel, chemicals, and food processing. Plant-level closures affecting 50 or more workers are a frequent WARN trigger. Employers should audit whether a partial line closure or department shutdown also crosses the 50-employee threshold.

Technology and professional services

Pittsburgh's growing tech sector and Philadelphia's professional services firms face the same federal thresholds. Remote workforce aggregation at a principal place of business can push a site over the 50-employee threshold even when physical headcount is smaller.

Pennsylvania vs. New Jersey WARN

New Jersey is directly east of Pennsylvania, and its WARN Act is the most demanding in the country. Philadelphia-area employers with New Jersey operations face mandatory severance requirements and a longer notice window.

Requirement

Pennsylvania

New Jersey

  • Employer threshold

    100 employees

    100 employees

  • Plant closing trigger

    50 employees

    50 employees

  • Mass layoff trigger

    500, or 50-499+33%

    50 employees

  • Notice period

    60 days

    90 days

  • Mandatory severance

    None

    1 week per year of service

  • Financial distress exception

    Available

    Not available

  • State agency

    PA Dept of Labor and Industry

    NJ Dept of Labor

New Jersey requirements highlighted in green where stricter than Pennsylvania. Multi-state employers must apply each state's law at the relevant site. A single RIF spanning Pennsylvania and New Jersey sites requires separate compliance analyses.

Related guides

Free download

Get the full RIF compliance checklist

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 Pennsylvania have its own WARN Act?

No. Pennsylvania has not enacted a state-level plant closing or mass layoff law. Federal WARN (29 U.S.C. § 2101) applies fully to Pennsylvania employers that meet the 100-employee threshold.

Do I need to notify a Pennsylvania state agency?

Yes. The Pennsylvania Department of Labor and Industry Rapid Response Unit receives federal WARN notices for covered layoffs in Pennsylvania. Notice also goes to affected employees (or their union representative) and the chief elected official of the affected local government.

Does federal WARN apply to Pennsylvania employers with fewer than 100 employees?

No. Federal WARN only applies to employers with 100 or more full-time employees, counted company-wide. Employers below this threshold are not covered, though they may have other notification obligations under Pennsylvania unemployment or benefit continuation laws.

If I have operations in both Pennsylvania and New Jersey, which law applies?

Both, at the relevant site. Pennsylvania sites follow federal WARN: 60-day notice, no mandatory severance. New Jersey sites follow NJ WARN, which requires 90-day notice and mandatory severance of one week per year of service per employee. Multi-state employers in the Philadelphia metro area commonly face both simultaneously.

Do temporary layoffs trigger WARN in Pennsylvania?

Yes, if the layoff extends beyond 6 months or if the employer announces at the outset that the layoff will exceed 6 months. A temporary layoff that runs past the 6-month mark is treated as a plant closing under federal WARN, and the notice obligation can attach retroactively.

People Plan

Federal WARN coverage calculated automatically

People Plan determines WARN coverage from your employee data, calculates the notice period and recipients for Pennsylvania and any other states where you operate, and generates the required written notices 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.