SETTLEMENT APPROVED
On January 25, 2019, we filed a class action suit against Munchery, Inc., (“Munchery”). We sought to recover 60 days wages and benefits for former employees under the federal Worker Adjustment and Retraining Notification (“WARN”) Act and the California Labor Code § 1400 et. seq. (collectively, the “WARN Acts”). We contended Munchery ordered mass layoffs on or about January 21, 2019, without providing its employees with 60 days advance written notice as required by the WARN Acts. At the time, the United States District Court for the Northern District of California adjudicated the case.
Munchery filed for Chapter 11 bankruptcy protection on February 28, 2019, in the United States Bankruptcy Court for the Northern District of California. Correspondingly, on March 5, 2019, we filed the WARN suit in the Bankruptcy Court for the Northern District of California. On May 29, 2019, the Bankruptcy Court sent the case back to District Court, where it is currently pending.
The parties reached a proposed settlement on February 4, 2020, of the class action. Importantly, on October 19, 2020, the Court granted preliminarily approval of the settlement. The final approval hearing was January 21, 2021.
The settlement administrator on November 10, 2020, mailed the Class Notice containing the terms of the settlement to class members. On December 4, 2020, Class Counsel filed a motion for approval of attorney’s fees and costs and the Class Representatives’ service awards.
FINAL APPROVAL GRANTED
Subsequently, the District Court granted final approval of the settlement on February 1, 2021. The settlement administrator mailed settlement checks (net of fees, expenses, service payments and taxes) on April 15, 2021. Any settlement check that was not cashed or deposited within 180 days from the mailing date was transferred to the California’s Unclaimed Property Fund. This fund is accessible here: https://www.sco.ca.gov/und rotg.html.
WARN ACT
Raisner Roupinian LLP will provide you with information regarding your rights in this WARN class action. The federal WARN Act requires companies with 100+ full-time employees to provide them with 60 days’ written notice in advance of a mass layoff or plant closing. Additionally, certain states also have WARN Acts.
Without the required notice, an employer may be liable for 60 days’ wages and benefits to each affected employee.
CONTACT US
Please contact Raisner Roupinian LLP with any questions regarding this matter. Or, to update your address, email address, and/or telephone number.