On June 7, 2016, Outten & Golden filed suit against CS Mining, LLC ("CS") seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification ("WARN") Act. We contend CS ordered a mass layoff on or about May 17, 2016, without providing its employees with 60 days written notice. The case is pending in the United States Bankruptcy Court for the District of Utah.
On March 28, 2018, the Court held a final fairness hearing and approved the WARN settlement in the amount of $1.1 Million , inclusive of class counsel's fees and expenses. Settlement checks will be mailed by the CS Estate to the members of the WARN class by April 30, 2018. Class members will have 60 days from the date settlement checks are issued to cash or deposit them. If there are unclaimed settlement funds remaining at the end of the 60 days, including settlement checks that were returned as undeliverable, lost, misplaced or destroyed, these funds will be donated to the National Employment Lawyers Association, a non-profit organization dedicated to advancing employee rights in the workplace.
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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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(*Prior results do not guarantee a similar outcome.)