SETTLEMENT APPROVED
On November 6, 2018, we filed a class action in the United States District Court for the Eastern District of California against Zacky Farms, LLC and Zacky & Sons Poultry, LLC (“Defendants”). We sought to recover 60 days wages and benefits for former employees of Defendants under the Worker Adjustment and Retraining Notification (“federal WARN Act”) and the California Labor Code § 1400 et. seq. (“California WARN Act”). We contend the Defendants ordered mass layoffs beginning on October 29, 2018 at the Fresno and Stockton locations without providing 60 days advance written notice to their employees as required by the federal and California WARN Acts.
On November 13, 2018, Zacky & Sons Poultry, LLC dba Zacky Farms filed for Chapter 11 bankruptcy protection in the United States Bankruptcy Court for the Central District of California. Subsequently, on November 14, 2018, we transferred our class action to the Bankruptcy Court for the Central District of California.
The parties reached a proposed settlement of the class action on January 12, 2021. The settlement was subject to the Bankruptcy Court’s approval.
On February 3, 2021, the Court granted preliminary approval of the settlement. The Court also set a hearing for April 13, 2021, to decide whether to grant final approval of the settlement. On February 12, 2021, the settlement administrator mailed Class Notice with the terms of the settlement to each Class Member.
The Bankruptcy Court for the Central District of California granted final approval of the WARN class action settlement on April 13, 2021. The Zacky Estate did not have sufficient funds to pay the $900,000 settlement amount in full. We estimated the Class would receive, instead, approximately $525,000. Settlement checks were mailed to class members by July 30, 2021.
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.