Plaintiffs-Appellees allege that an employer's reduction in employment constituted a mass layoff under the Worker Adjustment and Retraining Notification Act, and thus that the employer violated the act by failing to provide proper notice. The employer's two facilities in Orange constituted a single site of employment under 20 CFR §639.3(i)(8). the sharing of staff between the yard and annex was not merely occasional but in fact regular, with certain employees maintaining offices at both buildings, regular visits by personnel from one facility to the other, and use of the same security, payroll, and other staff. The plain language of §639.5(a)(2) permits the use of an alternative snapshot date with a more representative number. The district court's judgment is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-41262, 08-28-2013.
Davis v. Signal International Texas GP, L.L.C.
August 28, 2013