2025 Legal Updates for Employers: Washington's Mini-WARN Act (SB 5525)

By Amy Kangas Alexander | Related Practice: Employment

The federal WARN Act has long required 60 days' advance notice of mass layoffs or business closures. This year, the Washington legislature passed a mini-WARN Act that has greater employee protections and employer obligations than the federal WARN Act. It goes into effect on July 27, 2025.

Under the Washington WARN Act, an employer employing 50 or more people in Washington, excluding part-time employees, may not order a business closing or mass layoff until the end of a 60 day period that begins after the employer serves written notice of the layoff to the Employment Security Department (ESD) and the affected employees (or the employee’s bargaining representative). The required notice is not identical to the federal WARN Act, so employers should take care to ensure that the notice complies with both laws.

Unlike its federal counterpart, Washington will require notice to part-time and temporary workers if they are included in a mass layoff or business closure that also covers at least 50 full-time, non-seasonal workers. Part-time workers include those working less than 20 hours per week or fewer than six of the twelve months preceding the notice date.

Employers are generally not permitted to lay off employees currently taking Paid Family and Medical Leave.

There are some exceptions to the WARN notice requirements, for example, layoffs on short-term construction projects or layoffs due to unforeseeable circumstances, such as a natural disaster. Companies may also be exempt if they were actively, but unsuccessfully, attempting to raise capital or earn business during the notice period, if those efforts would have forestalled closure or layoffs, and the employer reasonably and in good faith believed notice would have precluded its ability to succeed.

ESD, an aggrieved employee, or a union may bring a civil action for violations. Damages for violations of the WARN Act include back pay and losses incurred due to the cancellation of employee benefits for up to 60 days, as well as reasonable attorneys’ fees. Employers who do not provide the required notice to ESD face civil penalties in addition to employee damages, up to $500 for each day of the employer’s violation.