Zacky & Sons Poultry, LLC dba Zacky Farms
On November 6, 2018, Raisner Roupinian LLP filed suit in the United States District Court for the Eastern District of California against Zacky Farms, LLC and Zacky & Sons Poultry, LLC (“Defendants”) seeking to recover 60 days wages and benefits for former employees under the Worker Adjustment and Retraining Notification (“WARN Act”) and the California Labor Code § 1400 et. seq. (“CAL-WARN Act”)(collectively, the “WARN Acts”). We contend the Defendants ordered mass layoffs beginning on October 29, 2018 at the Fresno and Stockton locations without providing 60 days advance written notice to their employees as required by the WARN Acts.
On November 13, 2018, Zacky & Sons Poultry, LLC dba Zacky Farms filed for Chapter 11 bankruptcy protection in the United States Bankruptcy Court for the Central District of California. On November 14, 2018, Raisner Roupinian LLP re-filed its WARN suit in the Bankruptcy Court for the Central District of California, where the litigation is continuing. The case in the Central District of California is stayed as a result of the bankruptcy.
Generally, the WARN Acts 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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