Gerald Roberts, et al. v. Genting New York, LLC d/b/a Resorts World Casino New York City

Brooklyn, New York employment law lawyers represented Plaintiffs who sued Defendant on a Workers Adjustment and Restraining Notification Act (the "Warn Act'>, 29 U.S.C. Section 29 U.S.C. 2101, et seq. violation theory.





On January 6, 2014, defendant-appellee Genting New York LLC, d/b/a Resorts World Casino New York City ("Genting"), closed the Aqueduct Buffet (the "Buffet"), a restaurant located inside the Resorts World Casino (the "Casino") where plaintiffs-appellants ("Plaintiffs") worked. Genting gave Plaintiffs no notice of the closure, which took effect the same day and resulted in 177 employees being laid off. The next week, Plaintiffs filed a putative class action against Genting, alleging that its failure to provide notice violated the Worker Adjustment and Retraining Notification Act (the "WARN Act"), 29 U.S.C. § 2101 et seq., and New York Labor Law § 860 et seq. (the " ;New York WARN Act")

(together, the "WARN Acts"). On cross-motions for summary judgment, the district court denied Plaintiffs' motion and granted Genting's. The court concluded that there was no genuine issue of material fact as to whether the Buffet was an "operating unit" or "single site of employment" whose closure would trigger the WARN Acts' notification requirements. It held, as a matter of law, that the Buffet was neither an operating unit nor a single site of employment.

Summary judgement in favor of Defendant affirmed on appeal.