Raisner Roupinian LLP filed suit in the United States Bankruptcy District Court for the Eastern District of New York on December 1, 2016, against Dowling College (“Dowling”), seeking to recover 60 days wages and benefits for former employees under the federal and New York Worker Adjustment and Retraining Notification (“WARN”) Acts, non-WARN wage claims, and vacation pay.
We contend Dowling ordered mass layoffs on or about June 1, 2016, without providing its employees with advance written notice as required by the WARN Acts and that Defendant is liable for unpaid wages and accrued paid time off for the terminated Dowling employees. 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.On November 6, 2018, the Court held a Final Fairness Hearing and approved a class settlement in the amount of a $1.4 million priority claim, a $6.1 million general unsecured claim (with an expected distribution of approximately $610,000), in addition to service payments, class counsel’s fees and expenses.
Settlement checks, net of applicable withholdings, will be mailed to the members of the Class by the Dowling Plan Administrator by March 14, 2019. Class members have 6 months from the date of issuance of the settlement checks to deposit or cash them.
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