Workforce Changes
Layoff, Notice & Records Tools
Free tools for WARN Act layoff notice requirements and HR records retention schedules.
Reviewed by theComplianceToolsLibrary Editorial Team · Last updated
Managing workforce changes brings its own compliance load. The federal WARN Act requires larger employers to give 60 days' advance notice of qualifying mass layoffs and plant closings, and many states add stricter "mini-WARN" laws with lower thresholds.
Separately, every employer has to keep employment and payroll records for set periods under laws like the FLSA, Title VII, ADEA, FMLA, and IRCA. Knowing what to keep, and for how long, prevents both premature destruction and indefinite over-retention.
Key concepts
- WARN Act
- Federal law requiring 60 days' notice of qualifying mass layoffs and plant closings by employers with 100 or more employees.
- Mini-WARN
- State layoff-notice laws that often apply to smaller employers or require longer notice than the federal WARN Act.
- Records retention
- The minimum period each type of employment record must be kept under federal law.
- Whichever is later
- Several retention rules run from the later of two dates — for example, I-9s are kept three years after hire or one year after separation.
Frequently asked questions
Does the WARN Act apply to my layoff?
Generally only if you have 100 or more employees and the layoff or closing meets the size thresholds. The WARN Act Notice Calculator walks through the triggers, and many states have stricter rules.
How long do I have to keep employee records?
It depends on the record type — payroll, I-9s, benefit records, and hiring records each have their own minimums. The HR Records Retention Schedule lists the common ones.
What's a mini-WARN law?
A state layoff-notice law that may cover smaller employers or require more notice than the federal WARN Act. Always check the law where the affected employees work.