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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.
Send WARN Act notices to: