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Plant closings, mass layoffs and other reductions in force — South Carolina

When employees are going to be laid off or terminated because of downsizing, plant closure or relocation, federal and/or state law may require some employers to follow certain procedures. Employers also must take special precautions to ensure that the age discrimination and other laws are not violated inadvertently.

Worker Adjustment and Retraining Notification Act

WARN requires an employer to give advance notice of any large-scale reduction in force. A miscalculation about whether notice is required can have enormous financial consequences. WARN applies to both:

  • employers with 100 or more full-time employees
  • employers with 100 or more full- and part-time employees (combined) who, in the aggregate, work at least 4,000 hours per week exclusive of overtime.

Part-time employees under WARN are those who work less than 20 hours per week or who have been employed for less than six of the preceding 12 months. In determining coverage, the employer must count all of the employees in its organization, not just employees in the plant or facility immediately affected.

Employers using employees at temporary facilities or on short-term projects are not subject to the notice requirements of WARN, provided...


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