Ohio adopted a new mini WARN Act earlier this year. While the statute generally tracks the federal statute, it expands overage in the event of a mass layoff, requiring notice for all layoffs of 50 or more employees and provides for additional requirements in the notice provided to local officials. See Section 4113.31 of the Ohio Revised Code.
Successor Liability & the WARN Act
In some circumstances, a buyer may be liable under the federal common law theory of successor liability. Successor liability requires an equitable consideration of whether: (1) there is a substantial continuity of business operations; (2) the successor had notice of the claims prior to its acquisition of the company; and (3) the predecessor has the ability to provide relief on the claims.
Rose v. Grappler Pressure Pumping, L.L.C., 2025 WL 416996 (5th Cir. 2025) (unpublished).