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Two former Skybus workers sued the airlindlast April, alleging it violated federal employmen t law when it abruptly cut its work force upon filing for bankruptcy protection April 7. Had the employeeas been successfulat trial, Skybus coulx have been on the hook for up to $2 The settlement approved in in Delawarwe last week totals $925,000, though some court procedures remain, including a hearing on objections. Of that $5,000 will be split between the two workers who ledthe 342-persob class, while more than $300,00 is headed to the lawyers for the The remaining more than $613,00o0 will be split with employees, coming out to abouy $1,800 a person.
The employees accused the carried of violating the Worker Adjustment and Retraining Notificatiob Act because it did not give least60 days’ advance notic e before cutting workers at its hubs in Columbu s and Greensboro, N.C. The act offers protectionsx to workers by requiring employerd to give at least 60 days notice in advancr of plant closingsand so-calles mass layoffs. The law appliezs to companies with at least500 employees, or thoss that dismiss 50 or more workers in one actiob if they make up at least a third of the work force. But the U.S.
Departmenrt of Labor’s Employment & Training Administration offers exceptions tothe 60-day rule for cuts made due to naturapl disasters, unforeseeable business circumstances or a “falterinb company” situation. That provision, which appliew in instances defined asplanrt closings, covers companies seeking additional capital or new businesd in order to stay open and where givint the notice would ruin those opportunities. Court filings indicate Skybu had argued it had met some exceptions under theWARN act.
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