No. 22-30260.

83 F.4th 278 (2023)

Troy FLEMING, Jarrod Nabor, Davarian Ursin, Charles Ziegeler, and Ronnie Millet, on behalf of themselves and all other similarly situated, Plaintiffs-Appellants, v. BAYOU STEEL BD HOLDINGS II L.L.C.; Black Diamond Capital Management L.L.C., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED September 27, 2023.

Attorney(s) appearing for the Case

Brent Bennett Barriere , Jason W. Burge (argued), Kaja Stamnes Elmer , Fishman Haygood, L.L.P., New Orleans, LA, for Plaintiffs-Appellants.

Martin A. Stern (argued), Don S. McKinney, Esq. , Erica Sensenbrenner , Adams & Reese, L.L.P., New Orleans, LA, Judd Lindenfeld , Jeffrey H. Zaiger , Zaiger, L.L.C., Stamford, CT, for Defendants-Appellees.

Before Smith, Clement, and Wilson, Circuit Judges.

The Worker Adjustment and Retraining Notification (WARN) Act requires certain employers to provide affected employees with 60-days' notice before a plant closure or mass layoff. 29 U.S.C. § 2102(a). If an employer fails to comply, affected employees may sue the employer for backpay, benefits, and attorney's fees...

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