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Scana, Fluor Workers Lose WARN Act Appeal Over ‘Nukegate’ Layoff

Nov. 30, 2021, 6:48 PM

The Fourth Circuit refused Tuesday to revive a proposed class action alleging that Scana Corp. and contractor Fluor Corp. violated a federal law requiring advance notice of plant closings or mass layoffs by abruptly canceling a multibillion-dollar nuclear energy project, which prompted the layoff of 4,000-plus workers.

Scana didn’t exercise sufficient control over Fluor or its workers to qualify as their employer, thus it can’t be held liable for any alleged violations of the Worker Adjustment and Retraining Notification Act, the U.S. Court of Appeals for the Fourth Circuit said, affirming the summary judgment ruling below.

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