WARN - South Dakota

Summary of differences between federal and state regulations

The state of South Dakota does not have a law regarding plant closings. 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.

South Dakota’s Dislocated Worker Program provides for rapid response efforts on notice of layoff or closure actions. Rapid Response coordinates the local entities and programs to a directed focus on the dislocation. Working closely with local government, service providers, employer, and employee organizations the team is able to develop a plan of service than will avoid duplication of effort and assist the workers in reemployment.

State

Contact

Send WARN Act notices to:
WIA Administrator

Regulations

None.

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