Next week, Ohio’s new mini-WARN Act, Ohio Revised Code
§4113.31, will become effective. While it essentially codifies existing federal
regulations under the federal WARN Act and, with some exceptions, requires 60
days advance notice for the employees, it also contains some state-specific
provisions which may catch unwary employers off guard, including:
·
The long-form notice is generally always
required, including a detailed statement explaining the reason for the
layoff/plant closure, the job titles and positions affected, and “information
about any available services for an affected employee, including job placement
assistance, retraining programs, or counseling services.”
·
In addition to notifying the State and City, the
employer is also required to notify the Chief Elected Official of the County
and provide a “description of any action taken or planned to mitigate the
impact of the plant closing or mass layoff, including any efforts to secure
alternative employment or training for affected employees.”
·
While the federal WARN Act requires notice if
the 50 employees being laid off at a single site constitute at least 33% of the
site’s workforce, Ohio’s statute does not contain that provision.
·
Ohio’s statute also does not contain the 90-day
aggregation period of the federal WARN Act.
Ohio’s statute retains the federal exceptions to the full notice
requirement for unforeseen circumstances, faltering companies still actively
seeking capital, lockouts, natural disasters, etc.
NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.
