The Worker Adjustment and Retraining Notification (WARN) Act in Ohio aims to safeguard the interests of workers, their families, and local communities during times of significant workforce changes, like plant closings and mass layoffs. Here you’ll find an overview of the Ohio WARN Act, its key components, and how it is enforced to ensure compliance and protect the rights of employees.
TABLE OF CONTENTS
- Does Ohio have WARN Act?
- What is the Ohio WARN Act?
- WARN notices in Ohio
- What Triggers the WARN Act in Ohio?
- Ohio WARN Act Requirements
- How is the WARN Act Enforced in Ohio?
- Offboarding your workforce during a layoff
- Offboarding solutions 🚀
Does Ohio have WARN Act?
Over half of the states, including Ohio, lack their own state-level WARN Act. However, this doesn’t mean workers in Ohio are without protections as Federal WARN Act regulations still extend coverage to employees in Ohio. The state requires employers to submit and issue WARN notices to workers, providing information on anticipated mass layoffs and plant closures, along with details on the number of affected workers.
Some states aren’t only regulated by the federal WARN Act, like Ohio and Florida, but have their own requirements and regulations specified in their so-called mini-WARN Acts. These states include: California, New York, New Jersey, Illinois, and more.
What is the Ohio WARN Act?
Ohio’s WARN Act ensures protection for workers facing layoffs or plant closures, as employers in Ohio must provide advance notice to employees when aware of impending closures or layoffs. This notice gives employees adequate time to explore alternative employment options. Bear in mind that the WARN Act operates independently of the Fair Labor Standards Act (FLSA), which establishes guidelines for minimum wage, overtime, and unemployment benefits. Be careful not to confuse the FLSA with Ohio’s Family and Medical Leave Act (FMLA)!
On a similar note, however, Ohio holidays are determined both federally, and locally per state. Check out our federal holiday calendar for an updated and complete list.
WARN notices in Ohio
WARN notices in Ohio require 60 days’ advance notification for employees facing layoffs or plant closures. If union workers are involved, notification is directed to union representatives rather than individual employees. Although there’s no specific template for the notice, law states that it must be in writing and include crucial information, such as the site and date of closure or layoffs, reasons for the action, whether the loss is permanent or temporary, affected job titles, unions, and the number of employees, and follow-up contact information.
Who do Ohio employers have to give a WARN notice?
Employers covered by the act must provide written notice to affected workers, labor unions representing these workers, the State Rapid Response Coordinator, and the chief elected official of the local government where the employment site is located. Bear in mind that this notice should be delivered at least 60 days before the anticipated plant closing or mass layoff.
Related: Ohio Labor Laws
What Triggers the WARN Act in Ohio?
Certain situations trigger the WARN Act in Ohio. These include:
1. Plant closings affecting 50 or more employees for at least 30 days.
2. Mass layoffs involving at least 500 full-time employees.
3. Mass layoffs involving at least 50 full-time employees, constituting 33% or more of the employer’s workforce.
4. Plant closings or layoffs extended over 90 days.
What is a plant closing?
When an employment site or facility is shut down, resulting in an employment loss for 50 or more employees during a 30-day period.
What are mass layoffs?
When a mass layoff occurs, that does not result from a plant closing but leads to an employment loss for 500 or more employees during a 30-day period or for 50-499 employees if they constitute at least 33% of the employer’s active workforce.
What are extended layoffs?
When the cumulative employment losses for two or more groups of workers, each falling below the minimum threshold for notice, reach the threshold level during any 90-day period for either a plant closing or mass layoff.
Do you know the difference between layoffs, a reduction in force, and firing?
Ohio WARN Act Requirements
In Ohio, employers are covered by the WARN Act if they have 100 or more employees, excluding those with less than six months of service in the last 12 months or those working an average of less than 20 hours per week. The act applies to private, for-profit employers, private, nonprofit employers, and public and quasi-public entities (operating in a commercial context).
Employees entitled to notice under the WARN Act include hourly and salaried workers, as well as managerial and supervisory employees. However, business partners are not entitled to notice.
The core focus of WARN Act requirements in Ohio is on notification and giving sufficient time to team members. Employers must provide advance notice before a change in employment affecting many employees.
Regardless of the legalities and whether a company meets the WARN act minimum employee threshold or any of the other criteria, the state of Ohio encourages all employers to issue a notice.
How is the WARN Act Enforced in Ohio?
Enforcement of the Ohio WARN Act is carried out through the United States District Courts. Workers, their representatives, and units of local government have the right to bring individual or class-action suits against employers believed to be in violation of the Act. It’s possible that the court could award reasonable attorney’s fees to the prevailing party as part of the costs, so keep this in mind.
But what about violations of the WARN Act, including failure to adhere to notification period requirements? Breaches like this may result in back pay for affected employees and penalties of up to $500 per day of violation. Employers must settle liabilities with aggrieved employees within 3 weeks of closure or layoff (whichever applies). Failure to comply may lead to individual or class-action lawsuits in the U.S. District Court.
If you’re unsure about any of this, consult with Ohio labor lawyers to address potential violation claims, and always read the official sources before making any decisions! Remember that laws are subject to change.
Why is the Ohio WARN Act important?
The Ohio WARN Act can be hard to get your head around, but it’s essential that HR managers do in order to stay compliant and safeguard the rights of employees during big transitions. This guide aims to support and educate HR teams by covering key aspects, providing a foundation for compliance and transparent communication during the hard times.
Related: Compliance calendar for HR
Offboarding your workforce during a layoff
Once you’ve followed all the required steps mandated by Ohio during plant closings and mass layoffs, it’s time to begin the offboarding process at your company. Offboarding so many employees at the same time can be a time-consuming and costly process, but with the right HR software, it can be easy!
How to offboard employees with HR software
Factorial simplifies the offboarding process, streamlining tasks and ensuring a smooth transition for departing employees. With Factorial, you can efficiently manage exit procedures, such as collecting company assets, updating access permissions, and conducting exit interviews. Offboarding software simplifies the entire process from start to finish.
Key Features for offboarding during layoffs:
1. Clear Communication: Easily explain departure details to the departing employee, including the last day of work, return of company property, and other essential information.
2. Task Automation: Make offboarding tasks automatic, such as revoking system access, updating records, and notifying relevant departments, saving time and minimizing the risk of oversight.
3. Documentation and Compliance: Abide by the law by generating necessary documentation, such as termination letters and exit surveys, helping you maintain a comprehensive record of the offboarding process.
4. Access Control: Centralize management of who controls what, making it simple to revoke access to company systems and confidential information, safeguarding your organization’s data.
By utilizing Factorial for offboarding, HR managers can enhance efficiency, maintain compliance, and provide a positive experience for departing employees.
