McKinney v. Carlton Manor Nursing & Rehabilitation Center, Inc., No. 16-3895 (6th Cir. 2017)Annotate this Case
The Ohio Department of Health cited Carlton Manor Nursing & Rehabilitation Center for health and safety violations. Carlton hired Sovran Management to help turn things around. When that failed, the nursing home closed. McKinney, a former employee, sought back pay in a purported class action under the Worker Adjustment and Retraining Notification Act, which requires “employer[s]” to give their employees 60 days’ notice before they “order” the closing of a company, 29 U.S.C. 2102. Carlton defaulted but had no assets. The Sixth Circuit affirmed a judgment for Sovran. Carlton, not Sovran, was the employer and decided to close the facility. Only “employer[s]” that “order” a plant closing face regulation by the Act or liability under it.