Court Rules in Favor of Workers in Resorts World Casino WARN Act Case
Brooklyn, NY (July 17, 2024) The WARN Act protects workers and their families by requiring most employers with 100 or more employees to give 60 days' notice (90 days under New York law) before certain plant closings and mass layoffs.
In a significant development in the ongoing lawsuit against Resorts World Casino New York City, the United States District Court for the Eastern District of New York has issued a decision favoring the workers who were laid off in 2014. The court denied the casino's remaining arguments for summary judgment, allowing the case to proceed to potential class certification and trial. This case has been handled by Jesse Rose, of counsel to Phillips & Associates, a leading sexual harassment and discrimination law firm in New York representing victims of workplace discrimination.
The lawsuit, filed in 2014, alleges that Resorts World violated the Worker Adjustment and Retraining Notification (WARN) Act, both at the federal and state levels, by failing to provide adequate notice to employees before a mass layoff.
In the recent decision, Judge Kiyo A. Matsumoto rejected Resorts World's defenses based on waiver and estoppel, finding no evidence that the workers' union had waived their rights or that the casino had been misled. The court also declined to dismiss the workers' claims for punitive damages under the New York WARN Act.
This ruling is a crucial step forward for the workers, who are seeking back pay and benefits for the period they were not given proper notice. It also opens the door for the case to become a class action, potentially benefiting hundreds of former Resorts World employees, all of whom lost their jobs suddenly and without notice.
"This decision is a major victory for these workers. A decade ago, this casino decided to close the door on the restaurant in which they worked and terminated about 175 workers without any warning. The law requires that they receive at least ninety days' notice, but the casino decided to instead fight them for this small severance. For the last ten years we have been fighting Resort's World Casino and their owners, Genting New York LLC, tooth and nail for the rights of every one of these employees and we will continue to fight until justice is served." said Jesse Rose, of counsel to Phillips & Associates. "Resort's World Casino, like all casinos, profit by extracting hard earned money from our community using the hope of large payouts. Like all casinos, the odds are always against the people who enter. This lawsuit should send a message to those far off owners of this casino that they must adhere to our laws. While they may not live in our community, they are still subject to our laws and there will be repercussions if they fail to do so."
The case is now expected to move into the class certification phase, where the court will determine whether the lawsuit can proceed as a class action.
About the Lawsuit
The lawsuit against Resorts World Casino was filed on behalf of approximately 175 former employees who were laid off in January 2014 when the casino closed its Aqueduct Buffet. The workers allege that they were not given the required notice under the WARN Act and New York WARN Act.
About Phillips and Associates
Phillips & Associates is one of the largest employment law firms in the field of sexual harassment and discrimination in the New York Metropolitan tristate area. We are currently representing victims of sexual harassment and discrimination in New York , Long Island, Westchester, New Jersey, Pennsylvania and Florida.
We have over 35 employment discrimination attorneys who are adept to handle high profile sexual harassment cases as well as all types of sexual assault, labor law, whistle blower and discrimination cases. If you believe you have been the victim of harassment in the workplace, the law firm of Phillips & Associates can advise you regarding your legal options and make sure your rights are protected.
| Company Name | Contact Person | Contact Number | Email Id | Website | Address |
|---|---|---|---|---|---|
| Phillips & Associates | 2122487431 | snasrin@tpglaws.com | https://www.newyorkcitydiscriminationlawyer.com/ |
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