Takeaway: Because it was not clear whether a buffet within a casino was a separate operating unit, entitling buffet workers to advance notice under the federal WARN Act before being laid off, the employees' lawsuit could go to trial.
Workers at a buffet restaurant within a casino in Queens, N.Y., who were laid off without notice can go forward with their claims under the federal Worker Adjustment and Retraining Notification (WARN) Act, which requires employers to give employees advance warning when a site or unit is to be closed, a federal appeals court recently ruled.
The trial court had dismissed the claims before trial after concluding that the buffet was neither an operating unit nor a single site of employment as required for the notice requirements to apply. The 2nd U.S. Court of Appeals , however, ruled that because the evidence did not clearly establish that the buffet was not an operating unit, the question should go to a jury.
When the casino opened in 2011, it offered guests more than 30 food and beverage options, including outlets in a food court, two gourmet restaurants, a coffee shop and the buffet. All the food outlets, including the buffet, were run by the casino's food and beverage department.
A wide selection of hot and cold foods was available at the buffet. While hot items were prepared in the buffet's own kitchen, refrigerated ingredients for hot foods were brought to the buffet from the casino's centralized cold kitchen. The buffet did not purchase...
The election campaign committee for Joo Kwangdeok, the People Power Party candidate for Mayor of Namyangju, asserted on the 27th that the Democratic Party candidate Choi Hyundeok's claim regarding ...