Plant closing - South Carolina

Summary of difference between federal and state regulations

South Carolina law states that employees who require notice of employees who are quitting must give a similar amount of notice of plant shutdown or relocation. Notice is not required where shutdown is due to an act of God, accident to machinery, or act of a public enemy.

Some plant closings or mass layoffs fall under the federal Worker Adjustment and Retraining Notification Act (WARN). Under WARN, employers are required to provide 60 days’ advance notice of covered plant closings and mass layoffs, notify the affected workers or their representatives, and the appropriate governmental units. See WARN for more information.

WARN does not preempt any other federal, state, or local law, or any employer/employee agreement that requires other notification or benefit. Rather, the rights provided by WARN supplement those provided by other federal, state, or local laws.

State

Contact

South Carolina Department of Labor, Licensing and Regulation

Regulations

South Carolina. Code, Title 41, §41-1-40. Employers requiring notice from employee quitting work shall post notice of shutdown.

Federal

Contact

U.S. Department of Labor; Employment and Training Administration Office of Adult Services; Division of Adults and Dislocated Workers

Regulations

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