WARN Act Mass Layoff 60-Day Back-Pay Calculator (Federal & Cal-WARN)
Check whether your mass layoff violated the 60-day advance written notice requirement under the federal WARN Act or California/NY mini-WARN laws.
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2. Your result Live Output
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3. How the rule works
Who this is for
Employees laid off in a large layoff or site closure without the advance notice the WARN laws require, and HR teams checking whether a planned reduction triggers notice.
Coverage depends on employer size and how many people are laid off at one site, so start with those numbers.
What to have ready
- The date you were told and your last day of work.
- Any written notice and its date.
- An estimate of how many people were laid off at your site and over what period.
- Your salary and benefits details.
The rule
The federal Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2101–2109, applies to employers with 100 or more full-time employees. It requires 60 days' written notice of a plant closing affecting 50 or more employees at a single site, or a mass layoff of at least 50 employees making up a third of the site's workforce (or 500 or more regardless). An employer that fails to give notice owes back pay and benefits for each day of violation, up to 60 days, under § 2104.
California's WARN Act (Labor Code §§ 1400–1408) covers establishments that employed 75 or more people in the past 12 months and is triggered by a layoff of 50 or more within 30 days, with no one-third test; it also requires 60 days' notice and back pay of up to 60 days. New York's WARN Act (Labor Law § 860 and following) covers employers with 50 or more employees in the state, requires 90 days' notice, and is triggered at 25 employees, but its back pay remedy is still up to 60 days.
Read the official text:
- 29 U.S.C. § 2104 (WARN liability)
- California Labor Code § 1400 and following (Cal-WARN)
- U.S. Department of Labor: WARN Act
- New York State Department of Labor: WARN
Worked example: 20 days' notice instead of 60
Kim earns $96,000. Her California employer laid off 120 people at her site after giving 20 days' notice.
Days of violation = 60 - 20 = 40 Weekly pay = $96,000 / 52 = $1,846.15 Calendar-day method: 40 / 7 x $1,846.15 = $10,549.45 Plus employer health contributions for the same period Courts differ on counting calendar days or working days, which changes the total
Common mistakes
- Counting all layoffs company-wide. WARN thresholds are usually measured per site.
- Ignoring rolling layoffs. Separate cuts within 30 or 90 days can be added together.
- Assuming New York's 90-day notice means 90 days of back pay. The remedy is capped at 60 days.
- Signing a release without checking whether it waives WARN claims.
Limits of this tool
- WARN coverage and remedies vary by state; several other states have their own mini-WARN laws.
- Exceptions exist for faltering companies, unforeseeable business circumstances and natural disasters.
- Severance paid by the employer may reduce WARN liability.
Sources were last checked in October 2026. Statutes are amended often; if the official text differs from this page, the official text controls.
4. Clear Next Steps & Statutory Action Plan
- Check your state's public WARN notice list for your employer.
- Gather the numbers: employer size, people laid off at your site and the dates.
- Contact the state labor department or an employment lawyer; WARN cases are often brought as class actions.
5. Frequently Asked Statutory Questions (29 U.S.C. § 2101 et seq. (Federal WARN); Cal. Lab. Code § 1400 (Cal-WARN); N.Y. Lab. Law § 860 (90-Day NY WARN))
Do remote workers count toward the site threshold?
Federal regulations count remote employees at the site to which they report or from which their work is assigned.
Does pay in lieu of notice satisfy WARN?
Paying full wages and benefits for the notice period usually satisfies the back pay liability, because § 2104 reduces liability by wages paid for the violation period.
Is Cal-WARN stricter than federal WARN?
Yes in coverage: it applies to smaller employers (75+), has no one-third rule, and counts layoffs of 50 or more in 30 days at a covered establishment.
Who can enforce the WARN Act?
Affected employees, their union and the local government can sue. There is no federal agency that enforces WARN on workers' behalf, though state agencies enforce some state versions.
Does severance reduce WARN back pay?
Often yes. Under 29 U.S.C. § 2104, liability is reduced by wages paid for the violation period and by certain voluntary payments not otherwise required.