Does Texas have a WARN Act?
When federal WARN applies to a Texas employer, and what goes to the Texas Workforce Commission.
Winding down a company with 30+ employees?
Texas does not have a separate state WARN Act. Texas employers must still follow federal WARN when its employer and job-loss tests apply, generally giving 60 days’ advance written notice. The Texas Workforce Commission receives the state-agency notice. Source: TWC’s work-separation guidance.
These requirements are checked as of November 2026. Before choosing your final operating day, put the notice review and payroll schedule into the company wind-down plan. Give HR, operations, payroll and counsel the same proposed separation roster.
Looking for filed WARN notices?
For filed Texas notices, use TWC’s official WARN listings. Its annual spreadsheets include a 2026 list. Page opened and checked November 4, 2026. Use the published listing to look up reported notices; use the worksheet below to prepare an employer’s notice review.
WARN Act Texas coverage under federal law
Federal WARN generally covers employers with 100 or more employees, excluding defined part-time employees. Part-time includes employees averaging fewer than 20 hours weekly or employed fewer than six of the preceding 12 months. An alternative hours-based employer test also applies. Source: DOL employer guide.
For a closure, first establish the covered employer, then review losses at the affected employment site. Do not use the current location headcount as a substitute for the company coverage analysis. Ask counsel to address remote workers or shared facilities expressly if they affect your calculation.
| Federal event | Principal trigger, excluding part-time employees |
|---|---|
| Plant closing | Shutdown of a site or operating unit causing employment loss for 50+ employees at the site during 30 days. |
| Mass layoff | Employment loss for 50–499 employees and at least 33% of the site’s active workforce, or 500+ employees, during 30 days. |
TWC describes these federal thresholds in its work-separation guidance. A shutdown of one operating unit can require a different analysis from a reduction spread across a continuing operation.
Example: A covered company closes a distinct unit with 55 qualifying employment losses. Have counsel examine the plant-closing test even if the unit represents less than one-third of the location’s workforce. Keep the unit description and roster with that conclusion.
Review earlier and later reductions
Federal rules can combine separate groups of employment losses over 90 days unless the employer establishes separate and distinct actions and causes without an attempt to evade WARN. Employment loss also includes certain extended layoffs and substantial hours reductions. Source: 20 CFR 639.3 and 639.5.
Create a calendar of completed and proposed reductions. For each group, identify the site, people affected, reason, separation date and any recall plan. Have managers confirm the operational facts before the roster goes to counsel.
If the schedule changes, reopen the calculation. A new wave can change the surrounding review even if the earlier decision was reasonable on the facts then available. Keep each approved version so another person can follow the chronology.
Texas Workforce Commission WARN notices
Use TWC’s WARN notice page for its current submission instructions and published annual listings. Check the agency instructions when preparing your package. Page opened and checked November 4, 2026.
A published entry records notice information. Treat your receipt evidence and the underlying legal analysis as separate records. Ask counsel to approve the covered event, timetable and recipient list before submitting.
Federal WARN also requires notice to affected employees’ representatives, or directly to unrepresented employees, and the appropriate local chief elected official. Completing the TWC submission does not complete these other deliveries. Source: DOL employer guide.
Build a delivery register with one row per recipient or employee group. Include the approved document, destination, delivery method, sending date and evidence of receipt. Confirm contact details early enough to correct a rejected or misdirected delivery.
What the notice package should cover
Federal notice content depends on the recipient. The rules require relevant separation dates, whether the action is permanent or temporary, whether the entire plant closes, a company contact and the workforce details applicable to each recipient. Check the recipient-specific requirements in section 639.7. Source: DOL regulations.
Use the same underlying roster for every version. Reconcile job titles and counts with operations, and reconcile final dates with payroll. Keep public-facing copies free of employee identifiers that do not belong in them.
Before release, assign owners to these four checks:
- Counsel confirms the federal coverage and event analysis.
- HR confirms the roster, representative information and employee delivery details.
- Operations confirms which work ends and when.
- Payroll confirms the final-wage timetable and available funding.
One person should control the final notice version. Circulate it with a short approval record showing unresolved issues, if any. A last-minute edit to the date or headcount should return to the people whose approvals it affects.
Short notice, exceptions and exposure
Federal exceptions involving faltering companies, unforeseeable business circumstances or natural disasters have specific conditions. They generally require as much notice as practicable and an explanation; the faltering-company exception is limited to plant closings. Source: 20 CFR 639.9.
Give counsel the chronology and supporting records if you think an exception applies. Identify what changed, when management knew it, and why the ordinary notice period became unavailable. Continue preparing the recipient register while that issue is resolved.
Federal WARN liability can include back pay and benefits for up to 60 days and a separate local-government notice penalty. DOL explains that WARN claims are enforced in federal district court rather than through DOL investigations. Source: DOL plant-closing guidance.
Final pay and employees outside Texas
Texas generally requires final wages within six calendar days after involuntary separation. Employees who leave voluntarily generally receive final wages on the next regular payday. Source: TWC final-pay guidance. Use the final paycheck laws table to build a separate wage calendar.
Review the federal WARN guide for the full framework. If your company has staff elsewhere, compare the California WARN rules and Illinois WARN rules. Keep location-specific conclusions even when management plans a single company announcement.
Printable Texas extension to the employer worksheet
Attach these fields to the federal scoping worksheet. Use the federal employer and event tests above for this Texas review.
- Count record: employer count and excluded part-time rows: ______; alternative 100-employee/4,000-weekly-hours test, excluding overtime: ______. Keep excluded workers on the roster for notice-recipient review. 20 CFR 639.3(a), (h), 639.6(b).
- Dates and sites: record each separation, proposed site grouping, rolling 30-day start/end and loss count, and related 90-day groups: ______. Ask counsel about remote workers and shared operations; do not combine every Texas address automatically. Use the federal aggregation review rather than calendar-month totals. 20 CFR 639.3(i), 639.5(a).
- Delivery register: employee/representative recipients: ______; local chief elected official: ______; TWC delivery owner and proposed receipt evidence: ______. TWC currently lists warnletter.central@twc.texas.gov for WARN submissions. Verify that route and retain the actual sent package; publication is a separate lookup. TWC instructions.
Sources opened and checked November 4, 2026; the CFR link is the 2025 annual edition. Before deciding: resolve missing dates, hours, tenure, recall plans, site assignments and recipient addresses. Ask counsel to confirm counts, window boundaries, the notice period and any exception, then check the final documents against the roster. Counsel assesses legal sufficiency; the authorized employer approves the action and delivery plan. No legal verdict is produced here.
Could the company's records be licensed?
Some company records, such as SOPs, support tickets and project files, can be licensed for AI training. Four questions show whether yours might qualify, without sharing any files.
Next steps
Approve the coverage calculation, verify the TWC submission route, and complete every employee and local-government delivery. Place the notice dates and final-pay owners on your wind-down plan.
Frequently asked questions
Does Texas have its own mini-WARN law?
Texas does not have a separate state mini-WARN law. Covered Texas employers follow federal WARN, and the Texas Workforce Commission receives the state-agency notice.
Is a Texas WARN notice generally due 60 days before a layoff?
Yes, for a covered federal WARN event. Limited federal exceptions may shorten notice, but require notice as soon as practicable and an explanation.
Does filing with TWC notify employees?
No. Federal WARN separately requires notice to affected employees or their representative and the appropriate local chief elected official.
When is final pay due after a Texas layoff?
Texas generally requires final wages within six calendar days after an involuntary separation. A voluntary departure generally follows the next regular payday.