Guippone v. BH S&B Holdings LLC, No. 12-183 (2d Cir. 2013)Annotate this Case
Plaintiff, individually and on behalf of others similarly situated, filed a putative class action claim against defendants for violations of the Worker Adjustment Retraining and Notification Act (WARN), 29 U.S.C. 2102(a)(1). Section 2102(a)(1) requires employers to give employees 60 calendar days notice in advance of plant closings and mass layoffs. The court held that the district court correctly determined that the private equity defendants were investors, not single employers with their subsidiary within the meaning of WARN and were properly dismissed. The court held, however, that the district court erred in granting summary judgment to HoldCo which operated the entity plaintiff worked for, because plaintiff raised a question of material fact as to whether HoldCo was a single employer with BH S&B Holdings. Accordingly, the court affirmed in part, and vacated and remanded in part.