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”) Acts. 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 was adjudicated in the United States Bankruptcy Court for the District of Delaware. Raisner Roupinian LLP also sought 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 was 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 were 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.
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 was mailed to all class members on April 18, 2024. The Court granted final approval of the settlement on May 17, 2024.
In a chapter 7 bankruptcy case, like this one, distributions to creditors occur only after the approval by the Bankruptcy Court of the chapter 7 trustee’s final report. A final report was filed and set for hearing. There were no objections to its approval.
Individual settlement checks were sent to class members by first class mail on July 2, 2025.
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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.
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