UPDATE 07/31/2024
The parties reached a $1,250,000 settlement of the WARN class action subject to preliminary and final approval by the United States Bankruptcy Court for the District of Delaware.
On April 3, 2024, the Court granted preliminary approval of the settlement and notice of the terms was mailed to all class members on April 18, 2024. The Court granted final approval on May 17, 2024.
We do not know the amount or timing of settlement payments to class members. In a chapter 7 bankruptcy case, distributions to creditors occur only after the submission and approval of a chapter 7 trustee’s final report. We were recently informed that the trustee does not expect the final report process to be completed this year. That means settlement checks would not be mailed to class members until 2025. If that timing changes, we will update it here.
We appreciate your patience and when we have more information, including the date when settlement checks will be mailed, we will post it here.
PREVIOUS UPDATES
Raisner Roupinian LLP filed suit against PennySaver USA, LLC, PennySaver USA Publishing, LLC and PennySaver USA Printing, LLC (“PennySaver”) on June 1, 2015, to recover 60 days’ wages and benefits for former employees under the Federal and California Worker Adjustment and Retraining Notification (“WARN”) Act. We contended PennySaver ordered mass layoffs on or about May 22, 2015, at its various facilities in California, without providing its employees with 60 days’ advance written notice.
The case is pending in the United States Bankruptcy Court for the District of Delaware. Raisner Roupinian LLP is also seeking to recover unpaid wages and vacation pay under the California Labor Code on behalf of the terminated employees.
The Court, on July 17, 2023, granted our motion to certify the WARN case as a class action and appointed the Plaintiff as the class representative and our firm as Class Counsel.
The certified class is comprised of Plaintiff and all persons who worked at, received assignments from, or reported to Defendants’ facilities and were terminated without cause on or about May 22, 2015, as part of the mass layoffs and/or plant closings ordered by Defendants and who are owed WARN damages, unpaid wages, and/or vacation pay.
Notice of the class action was mailed to the members of the class on October 20, 2023.
WARN ACT – CONTACT US
If this mass layoff affected you, Raisner Roupinian LLP can provide you with updated information regarding your rights in this case. Generally, the WARN Act requires companies to provide their employees with 60 days’ written notice in advance of a mass layoff or plant closing. In the absence of such notice, employers may be liable to each affected employee for 60 days’ wages and benefits.
If you have any questions regarding this matter or to update your address, telephone number, and/or email address, please contact us.