Involuntary Separations and WARN
60
Days Notice
WARN minimum advance notice
100
Employees
WARN coverage threshold
50
Affected
Plant closing trigger
does WARN apply? five scenarios
WARN Trigger Calculator
Both gates must close for federal WARN: 100+ total employees AND 50+ affected. State mini-WARNs can apply at lower numbers.
| Total | Affected | State | Result |
|---|---|---|---|
| 80 | 60 | TX | Federal WARN does not apply (under 100) |
| 200 | 30 | TX | Federal WARN does not apply (affected under 50) |
| 200 | 60 | TX | Federal WARN applies — 60 days notice |
| 80 | 50 | CA | Cal-WARN applies — 60 days (75-employee floor) |
| 60 | 40 | NY | NY WARN applies — 90 days (50-employee floor) |
plant closing
Permanent or temporary shutdown of a single site causing employment loss for 50+ employees in any 30-day period.
mass layoff
RIF NOT from plant closing affecting 50+ employees AND 33%+ of active workforce, OR 500+ employees regardless.
OWBPA — Severance Waivers Age 40+
consideration
21
days for individual waiver
(45 days for group)
revocation
7
days to change mind
(non-waivable)
Exam Traps
WARN coverage = 100 employees
The 50 is the affected-employee threshold within plant closing. Different number, different role. Memorize both.
Pay in lieu does NOT satisfy federal WARN
Federal law requires actual notice. State mini-WARN laws vary — some allow pay-in-lieu, some don't.
OWBPA requires 21 + 7
21-day consideration period plus 7-day revocation period for severance waivers from employees age 40+. Both are mandatory.
State mini-WARNs can be stricter
Cal-WARN: 75-employee threshold. NY WARN: 50 employees, 90 days notice. The exam may set scenarios in stricter states.
Notice means notice
Federal WARN requires 60 days written notice. Pay in lieu does not satisfy it unless state law allows.
21 + 7 for waivers age 40+
OWBPA: 21 days to consider, 7 days to revoke. Both are mandatory and cannot be waived.
Venue (employer) has 100+ ticket holders (employees). Below that, WARN does not apply.
Cancelling the concert (closing the plant) means at least 50 ticket holders go home. Trigger met.
60 days notice to ticket holders, in writing. Plus state agency. Plus local government.
Smaller venues (50 or 75 ticket holders). Longer notice (90 days). Match the strictest applicable.
21 days to think + 7 days to change their mind. OWBPA protects employees age 40+.
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