Be Aware of the Differences Between Federal and State-Specific Layoff Regulations

Wisconsin

Applies to employers with 50 or more employees.

Illinois

Applies to employers with 75 or more full-time employees when:
- 25 or more full-time employees are laid off if they constitute one-third or more of the full-time employees at the site, or
- 250 or more full-time employees are laid off

California

Applies to employers with 75 or more full or part-time employees where 50 or more employees are to be laid off due to a plant closing, mass layoff, or relocation of the employer's business.  Unlike the federal law, there is no requirement that the number of employees to be laid off constitute a certain percentage of the employer's workforce.  Relocation is defined as a move to a different location more than 100 miles from the prior location.

Maryland

Maryland's version of WARN, the Maryland Economic Stabilization Act, is voluntary and applies to employers in the industrial, commercial, and business industries with 50 or more employees.  Otherwise, an employer must comply with the federal requirements.

New Jersey

Applies to employers who have been in business at least three years and have at least 100 employees.  It applies in situations where a covered employer:
- transfers or terminates its operations during any continuous period of 30 days which results in the termination of employment of 50 or more full-time employees, or
- conducts a mass layoff that results in an employment loss during any 30 day period of:
500 or more full-time employees, or
50 or more full-time employees representing one third or more of the full-time employees at the establishment

New York

Applies to private employers with 50 or more workers who layoff at least 25 employees.

Tennessee

Applies to employers with 50 or more employees, instead of the 100 required by the federal law. All other federal requirements apply.