Split 2nd Circuit Reverses Summary Judgment For Casino In WARN Acts Class Suit

Mealey's ( May 17, 2023, 10:02 AM EDT) -- BROOKLYN, N.Y. — A divided Second Circuit U.S. Court of Appeals panel cleared the way for a putative class of restaurant workers to proceed with claims that they were improperly fired without sufficient notice, finding that summary judgment for a Queens, N.Y., casino was inappropriate as a reasonable fact finder could determine that the restaurant located within the casino was an “operating unit” under the Worker Adjustment and Retraining Notification (WARN) Act and a similar state law....