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Leroy Sanders; Stacy Ashcraft; Julee v. Kohler Company

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Submitted: January 12, 2011

Before WOLLMAN, LOKEN, and SMITH, Circuit Judges.

Appellants appeal from an order granting summary judgment to defendant Kohler Company (Kohler) on a claim arising under the Worker Adjustment and Retraining Notification Act (WARN Act), 29 U.S.C. § 2101, and dismissing without prejudice supplemental state law claims. The appellants alleged that Kohler hired them as temporary workers in the midst of a strike and then summarily dismissed them at the strike’s conclusion without providing the notice required under the WARN Act. The district court*fn1 held that Kohler was not subject to the notice requirements because the appellants failed to establish that a “mass layoff” had occurred, as defined under § 2101(a). The appellants assert that the district court misconstrued the meaning of “mass layoff” and made findings that improperly glossed over genuine issues of material fact. We affirm.

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