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The WARN Act requires employers with at least 100 employees to provide written notice at least 60 days before ordering a plant closing or mass layoff to affected employees. South Dakota does not have any additional requirements beyond what the U.S. Department of Labor requires for a WARN to be issued.

Cal-WARN, which is the state version of the federal WARN Act, is triggered by 50 or more layoffs of covered employees within a rolling 30-day window. The 60-day notice requirement also applies when the business is terminating operations or relocating its operations 100 miles or more away.

Not all dislocations require a 60-day notice; the WARN Act makes certain exceptions to the requirements when employers can show that layoffs or worksite closings occur due to faltering companies, unforeseen business circumstances, and natural disasters.

Those sixteen states with so-called ?mini-WARN? acts are: California, Connecticut, Hawaii, Illinois, Kansas, Maine, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, Oregon, Rhode Island, South Carolina, Tennessee and Wisconsin.

Do states have their own WARN laws? Yes, some states have their own WARN laws in addition to the federal WARN Act. These include California, Illinois, Maryland, New York, New Jersey, Tennessee, and Wisconsin.

If the qualifying event is the death of the covered employee, divorce or legal separation of the covered employee from the covered employee's spouse, or the covered employee becoming entitled to Medicare, COBRA for the spouse or dependent child lasts for 36 months.

South Dakota does not have any required number of hours to be full-time. So, it is up to each company to set how many hours an employee must work to be part-time or full-time. Employees should contact their supervisor to find out if they are considered full-time or part-time at their job.

Consumers may also extend COBRA continuation coverage longer than the initial 18-month period with a second qualifying event ?e.g., divorce or death? up to an additional 18 months, for a total of 36 months.

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South Dakota General Notice

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Does South Dakota have a WARN Act?

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Which states have their own WARN Act?

How long can a spouse stay on Cobra?

What is considered full time employment in South Dakota?

Can Cobra be extended beyond 18 months?

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