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Steve & Barry's

UPDATE 1/30/12

On November 20, 2008, Outten & Golden filed suit against BH S&B Holdings LLC, BHY S&B Intermediate Holdco LLC, Bay Harbour Management LC, and York Capital Management seeking to recover 60 days wages and benefits for former employees of Steve & Barry's the Worker Adjustment and Retraining Notification Act (the WARN Act). We contend Steve & Barry's ordered mass layoffs on or about November 17, 2008 without providing the employees with advance written notice.

On November 16, 2010 the Bankruptcy Court converted the Steve & Barry's estate to chapter 7 and a Trustee was appointed.

On October 28, 2011, the U.S. District Court for the Southern District of New York, where the litigation has taken place, approved the settlement of the WARN claims as between the class of employees at the Port Washington headquarters and Ohio distribution center, and the chapter 7 bankruptcy estate of BH S&B Holdings LLC. Disbursement of the settlement funds must wait until the final liquidation of the chapter 7 estate.

Although the District Court has dismissed the WARN claims against the BHY S&B Holdco LLC, Bay Harbor and York defendants, O&G has appealed those decisions to the U.S. Court of Appeals for the Second Circuit.

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. To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for Rene Roupinian.

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Outten & Golden LLP is one of the largest plaintiff employment law practices in the nation, representing clients in WARN Act (Mass Layoff) cases coast to coast, including New York, New Jersey, Ohio and California. © 2007 Outten & Golden LLP, 685 Third Avenue, 25th Floor, New York, NY 10017. Attorney Advertising.

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