Palmer v. Reese Bros Inc

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Appellants sued under the Worker Adjustment and Retraining Notification Act, 29 U.S.C. § 2101 et seq., for back pay because they were not notified of a plant closing or mass layoff, sixty days before the layoff or closing as required by the Act. The WARN Act’s notice provision exclusively applies to companies with fifty or more employees, excluding part-time employees, on the date sixty days prior to the date of the plant closing or mass layoff (the “snapshot date”). The burden rests on the plaintiffs to prove that the Act applies.

Following a bench…