WARN - Maryland

Summary of differences between federal and state regulations

For the most part, the state of Maryland follows the federal rule. Employers having 100 or more employees (not counting employees who worked less than six months of the last 12 months and not counting employees who average less than 20 hours a week) are subject to the federal Worker Adjustment and Retraining Notification Act (WARN). Employers are required to provide 60 days’ advance notice of covered plant closings and covered mass layoffs. This notice must be given either to the affected workers or their representatives (e.g., a labor union) plus the State dislocated worker unit and the appropriate unit of local government.

In May 2020, the governor stated that SB 780 (a new Mini-WARN law) will take effect in October 2020. Covered employers generally with 50 or more employees will be required to give 60-days advance written notice to affected employees when there’s a reduction in operations – typically meaning either shutting down operations, relocating the business, or reducing the workforce. Employers must also comply with the mandatory continuation of benefits (like health insurance). Those that don’t will face monetary penalties.

Under the previous rule (Maryland’s Economic Stabilization Act), employer compliance was generally voluntary under state law. No more. There are, however, certain employee exclusions under this new law that are similar to federal, such excluding employees who work fewer than 20 hours per week.

State

Contact

Send WARN Act notices to:
Secretary, Department of Labor, Licensing and Regulation

Regulations

Maryland Code §11-302 Limitations in applications

Maryland Code §11-303 Program established

Federal

Contact

U.S. Department of Labor, Employment and Training Administration

Regulations

Worker Adjustment and Retraining Notification Act (WARN), 29 USC 2101 et seq.; 20 CFR 639