In a relatively rare decision by a federal appellate court interpreting the Worker Adjustment and Retraining Notification Act (WARN Act), the U.S. Court of Appeals for the Second Circuit issued a ruling addressing whether an entity is an “operating unit” subject to WARN’s notice requirements. In Roberts v. Genting New York, LLC, the Second Circuit grappled with whether the Aqueduct Buffet, a restaurant located in the Resorts World Casino, was an operating unit within the meaning of WARN. The appeals court ultimately concluded that neither party was entitled to summary judgment and sent the case back to the trial court for further proceedings.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.