What is the Worker Adjustment and Retraining Notification Act?
The Worker Adjustment and Retraining Notification Act (WARN) is a federal law that seeks to protect workers, their families, and communities from the economic disruption caused by plant closings and layoffs. WARN requires employers to provide their employees with a 60-day advance notice of a plant closing or mass layoff. The Act applies to all employers with 100 or more full-time or part-time employees, as well as public and private elementary and secondary schools. Under WARN, employers must provide notice to affected employees, the state workforce agency, and local government representatives. This notice must be provided at least 60 days in advance when the closing or layoff will result in an employment loss of at least 50 full-time employees, or at least 33% of the workforce, whichever is less. If the closing or layoff does not meet these criteria, then the employer must provide as much notice as is reasonably practicable. In South Carolina, employers must also comply with the South Carolina Worker Adjustment and Retraining Notification Act (SC WARN). Under SC WARN, employers must provide notice if a closing or layoff will result in an employment loss of at least 25 full-time employees. In addition, SC WARN provides employees with additional rights, including the right to receive up to 26 weeks of severance pay or a lump sum payment.
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