SETTLEMENT APPROVED
Raisner Roupinian LLP filed suit against PennySaver USA, LLC, PennySaver USA Publishing, LLC and PennySaver USA Printing, LLC (“PennySaver”) on June 1, 2015. We sought 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. In addition, the court 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. The settlement administrator mailed notice of the class action to class members on October 20, 2023.
SETTLEMENT REACHED
The parties reached a $1,250,000 settlement of the WARN class action. This settlement required preliminary and final approval by the United States Bankruptcy Court for the District of Delaware.
Subsequently, on April 3, 2024, the Court granted preliminary approval of the settlement. The settlement administrator mailed notice of the settlement to 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. Importantly, there were no objections to the final report’s approval.
The settlement administrator sent individual settlement checks to class members by first class mail on July 2, 2025.
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.