Washington State

Washington WARN Act (WA WARN)

Washington has its own WARN Act that closely tracks federal WARN. Employers with 100 or more full-time employees must give 60 days notice before a covered plant closing or mass layoff. Notice goes to employees, the Washington Employment Security Department, and the local government.

WashingtonWA WARNRCW 49.82Mass Layoff

100

Full-time employees

60 days

Advance notice required

None

Mandatory severance

OverviewDoes WA WARN apply?Thresholds and triggersExceptionsNotice requirementsWA WARN vs. Federal WARNPenalties and calculationCommon mistakesFAQ

What is the Washington WARN Act?

The Washington WARN Act (RCW 49.82), formally the Washington Worker Adjustment and Retraining Notification Act, is a state-level plant closing and mass layoff notification law that applies to Washington employers with 100 or more full-time employees. It requires 60 days advance written notice before a covered plant closing or mass layoff, matching federal WARN on both the employer threshold and the notice period.

Washington's law closely tracks federal WARN. The coverage threshold, notice period, mass layoff triggers, and exceptions all mirror the federal statute. The main practical difference is administrative: state notice in Washington goes to the Washington Employment Security Department (ESD), and Washington analyzes a relocation that closes a site as a plant closing rather than treating relocation as its own trigger category.

Both laws apply in parallel

Because the Washington WARN Act shares the 100-employee threshold with federal WARN, a covered Washington employer is generally subject to both laws at once. In practice the two largely overlap: both require 60-day notice to the same categories of recipients. A single compliant WARN notice that satisfies federal requirements and is also sent to the Washington ESD will usually satisfy both. You must comply with whichever law is more stringent on any given requirement.

Does WA WARN apply to your layoff?

Work through these questions in order. If you answer yes to each, WA WARN notice is required.

1

Do you have 100 or more full-time employees?

Count all full-time employees nationwide, not just in Washington. Part-time employees (fewer than 20 hours/week or fewer than 6 months in the last 12 months) do not count toward the 100-employee threshold.

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

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

A plant closing is a permanent or temporary shutdown of a single site of employment that causes employment loss for 50 or more full-time employees. A mass layoff is a reduction in force that is not a plant closing. A relocation that shuts down a site is analyzed as a plant closing.

Yes: Continue to step 3
No: WA WARN does not apply to this action.
3

Does the layoff meet the headcount threshold?

A plant closing requires 50 or more full-time employees affected. A mass layoff requires either 500 or more full-time employees, OR 50 or more full-time employees who represent at least 33% of the full-time workforce at that single site.

Yes: Continue to step 4
No: WA WARN does not apply unless a separate threshold is met.
4

Does an exception apply?

Three exceptions exist, the same as federal WARN: faltering company (plant closings only), unforeseeable business circumstances, and natural disaster. If one applies, reduced notice may be permissible. You must still provide as much notice as practicable and explain the exception in the notice itself.

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

Thresholds and triggers

The Washington WARN Act uses different thresholds for plant closings and mass layoffs. Both require 60 days notice. The difference is how many employees must be affected.

What counts as an "employment loss"

Both thresholds below count only employees who experience an "employment loss." Under WARN, employment loss means any of the following:

  • Termination, other than a discharge for cause, voluntary departure, or retirement
  • A layoff exceeding 6 months (a temporary layoff that runs past 6 months is treated as a plant closing)
  • A reduction in hours of more than 50% during each month of any 6-month period

Employees who are offered a transfer to a different site within 6 months generally do not count as an employment loss if they accept.

Employer coverage threshold

WA WARN applies to employers with 100 or more full-time employees. Count employees company-wide, not just in Washington.

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, if the shutdown results in employment loss for:

50 or more full-time employees at the affected site

A partial closing (shutting down one department or operating unit while keeping others open) counts as a plant closing if 50 or more full-time employees lose employment as a result. Washington folds a site-closing relocation into this category rather than treating relocation as a distinct trigger.

Mass layoff trigger

A mass layoff (not a plant closing) requires notice if either of these thresholds is met at a single site of employment:

Option A

50+ employees

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

Option B

500+ employees

regardless of what percentage of the workforce they represent

Matches federal WARN, but easy to misread

Washington's mass layoff triggers are identical to federal WARN: 500 employees, or 50 employees who are at least 33% of the site workforce. Some employers assume Washington has a unique, lower trigger. It does not. The 33% test still requires at least 50 affected full-time employees.

90-day aggregation rule

Like federal WARN, Washington aggregates employment losses within a 90-day rolling window. Layoffs that each fall below the threshold individually are combined and treated as a single event if they occur within 90 days of each other, unless the employer can demonstrate that the separate actions were due to separate, unrelated causes. Avoid staggered layoffs intended to stay under the threshold. Courts scrutinize the intent.

Exceptions to the 60-day requirement

The Washington WARN Act mirrors the three federal WARN exceptions. Unlike California, Washington retains the faltering company exception. All three reduce the required notice period. They do not eliminate it. The employer must still give as much notice as practicable and explain the exception in the notice itself.

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 it.
  • The notice must explain 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 at the time 60-day notice would have been required, such as a sudden, dramatic, and unexpected action by a major customer.

Limits

  • The circumstances must be sudden and unexpected, not merely a worsening trend the employer was aware of.
  • Loss of a major customer is a classic example; a predictable revenue decline is not.
  • Notice must be given as soon as practicable and must describe the circumstances.

Natural disaster

Plant closings and mass layoffs

The closing or layoff was a direct result of a natural disaster: flood, earthquake, drought, storm, tidal wave, or similar natural disaster.

Limits

  • The layoff must be a direct result of the disaster, not downstream economic effects.
  • Even with this exception, the employer must provide notice as soon as practicable.

Notice requirements

WARN notice must be written. Washington requires the same recipients as federal WARN, with state agency notice going to the Washington Employment Security Department (ESD).

Who must receive notice

  • Affected employees

    Each full-time employee who will experience an employment loss. If the employee is represented by a union, notice goes to the chief elected officer of the union local.

  • Washington ESD

    The Washington Employment Security Department, the state dislocated worker unit. Submit through the ESD Rapid Response program so reemployment services can be coordinated for affected workers.

  • Chief elected local official

    The mayor, county executive, or equivalent of the unit of local government where the layoff or closing will occur.

Required content of the notice

  • Name and address of the employment site where the action will occur

  • Name and telephone number of the company official to contact for further information

  • Statement of whether the planned action is permanent or temporary, and if a plant closing, whether the entire plant is to be closed

  • Expected date of the first separation and the anticipated schedule of separations

  • Job titles of positions to be affected and names of workers holding those positions

  • Statement of whether bumping rights exist under any applicable collective bargaining agreement

Notice must be specific to be valid

A general announcement that layoffs are coming does not satisfy WARN. The notice must identify the affected employees by position, state the expected date of the first separation, and specify the site. Broad internal communications or press releases do not substitute for written WARN notice delivered to each required recipient.

Washington WARN vs. federal WARN

Washington WARN largely mirrors federal WARN. The thresholds, notice period, and exceptions are the same. The table shows each requirement side by side. The differences are administrative: state notice goes to the Washington ESD, and Washington has no separate relocation trigger.

Requirement

WA WARN

Federal WARN

  • Employer threshold

    100 full-time employees

    100 full-time employees

  • Notice period

    60 days

    60 days

  • Plant closing trigger

    50 full-time employees

    50 full-time employees

  • Mass layoff (% trigger)

    50 employees + 33% of workforce

    50 employees + 33% of workforce

  • Mass layoff (absolute trigger)

    500 full-time employees

    500 full-time employees

  • Separate relocation trigger

    No (folds into plant closing)

    No

  • Mandatory severance

    No

    No

  • Back pay liability

    Up to 60 days

    Up to 60 days

  • Civil penalty per day

    Up to $500

    Up to $500

  • Faltering company exception

    Yes (plant closings only)

    Yes (plant closings only)

  • State agency notice

    Washington ESD

    State dislocated worker unit

Washington-specific differences highlighted in green. Because Washington tracks federal WARN on the substantive thresholds, a compliant federal WARN notice that is also sent to the Washington ESD will usually satisfy both laws.

Penalties for violation

Washington does not require mandatory severance. The penalty structure mirrors federal WARN: back pay and benefits for the violation period, plus a civil penalty.

Per-employee liability

Back pay at the employee's regular rate, plus the value of benefits (including medical expenses that would have been covered), for each day of the violation, up to 60 days total per employee.

Civil penalty

Up to $500 per day for each day of violation. This penalty can be offset if the employer makes voluntary payments to affected employees during the violation period.

How liability is calculated

If an employer gives 30 days notice when 60 days was required, the violation period is 30 days. For an employee earning $1,500/week with $500/month in benefits:

Back pay: 30 days × ($1,500 / 5 days) = $9,000

Benefits: 30 days × ($500 / 30 days) = $500

Total per employee: $9,500

Multiply by the number of affected employees. For a 100-person layoff with 30 days of missing notice, total back pay exposure can exceed $900,000 before civil penalties.

Common mistakes

Assuming Washington has a unique, lower mass layoff trigger

Washington matches federal WARN exactly: 500 employees, or 50 employees who represent at least 33% of the site workforce. Some employers misread the statute as having a special state-only trigger. The 33% test still requires at least 50 affected full-time employees, just like federal WARN.

Ignoring the 90-day aggregation rule when phasing layoffs

Phasing a single reduction into separate rounds within 90 days does not avoid WARN. Washington aggregates employment losses across a 90-day window unless the rounds stem from separate, unrelated causes. Counsel should review any multi-phase reduction before the first notice goes out.

Miscounting part-time employees in the trigger

Washington follows the federal definition: part-time employees count toward the 100-employee coverage threshold but are not included in the 50-employee plant closing or mass layoff trigger counts. Including part-timers in the trigger count, or excluding them from the coverage count, both lead to wrong conclusions.

Treating a relocation as outside WARN because it is not a "closing"

Washington has no separate relocation trigger. A relocation that shuts down a Washington site is analyzed as a plant closing. If 50 or more full-time employees lose employment as a result, WARN notice is required even though the company is reopening elsewhere.

Overlooking a temporary layoff that runs past 6 months

A temporary layoff that exceeds 6 months is treated as a plant closing under WARN, and the notice obligation can attach retroactively. If a layoff that was expected to be short extends beyond 6 months, the employer may have triggered WARN without realizing it.

Forgetting to notify the Washington ESD

Employers frequently remember to notify employees and the local government but miss the state agency notice. All three recipients are required. ESD notice must include the layoff details specified by the statute and lets the state coordinate Rapid Response reemployment services.

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Frequently asked questions

What is the Washington WARN Act?

The Washington WARN Act (RCW 49.82), the Washington Worker Adjustment and Retraining Notification Act, requires employers with 100 or more full-time employees to provide 60 days advance written notice before a plant closing or mass layoff. It applies to a plant closing affecting 50 or more full-time employees at a single site, and to a mass layoff affecting 500 or more full-time employees, or 50 or more full-time employees who represent at least 33% of the full-time workforce at that site.

How does the Washington WARN Act differ from federal WARN?

The Washington WARN Act largely mirrors federal WARN: the same 100-employee employer threshold, the same 60-day notice period, the same mass layoff triggers (500 employees, or 50 employees representing at least 33% of the workforce), and the same three exceptions (faltering company, unforeseeable business circumstances, and natural disaster). The main practical difference is that Washington does not treat relocation as a separate trigger category; a relocation that shuts down a site is analyzed as a plant closing. State notice in Washington goes to the Washington Employment Security Department (ESD).

Does Washington WARN require mandatory severance?

No. Unlike New Jersey, Washington does not require mandatory severance under its WARN Act. Severance is whatever the employer voluntarily offers. The remedy for a WARN violation is back pay and benefits for the violation period, up to 60 days per affected employee, not statutory severance.

What is the penalty for violating the Washington WARN Act?

An employer that violates the Washington WARN Act is liable to each affected employee for back pay and the cost of benefits (including medical expenses that would have been covered) for each day of the violation period, up to 60 days. The employer is also subject to a civil penalty of up to $500 per day of violation. Employers may reduce their liability by making voluntary payments to employees during the violation period.

Does the Washington WARN Act have a faltering company exception?

Yes. Washington follows the federal WARN exceptions, including the faltering company exception. An employer may give less than 60 days notice if it was actively seeking capital or business that would have avoided or postponed the shutdown and reasonably believed in good faith that notice would preclude obtaining that capital or business. The exception applies only to plant closings, not mass layoffs. Unlike California, Washington does not omit the faltering company exception.

Who must receive WARN notice in Washington?

Under the Washington WARN Act, the employer must provide written notice to: (1) each affected employee or their union representative; (2) the Washington Employment Security Department (ESD); and (3) the chief elected official of the unit of local government where the layoff will occur. Notice to the state agency must include specific information about the layoff, including the number of affected employees and the expected date of separation.

People Plan

WA WARN coverage calculated automatically

People Plan determines WARN coverage under both federal and Washington law from your employee data, calculates the notice period and recipients, 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.