Class Action Claims Empire Solar Group Owed Employees 60 Days’ Notice Prior to Closing Salt Lake City Facility

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Empire Solar Group faces a proposed class action after terminating the employment of roughly 100 workers at its Salt Lake City facility around June 8, 2021. 

The nine-page lawsuit alleges Empire Solar ran afoul of the federal Worker Adjustment and Retraining Notification (WARN) Act by executing the mass layoff without providing employees with at least 60 days’ advance written notice. 

According to the suit, Empire Solar also failed to pay the plaintiff and similarly situated workers their respective wages, salaries, commissions, bonuses, accrued holiday pay and accrued vacation for 60 days following their respective terminations. Moreover, the company failed to make 401(k) and pension contributions for those 60 days and provide employees with health insurance coverage and other benefits, the case claims. 

Per the complaint, Empire Solar is subject to WARN Act requirements given it employed 100 or more employees, exclusive of part-time workers, who in aggregate worked at least 4,000 hours per week, exclusive of overtime hours. Empire Solar’s June 8 plant closing meets the WARN Act definition of a “mass layoff” and/or “plant closing” given at least 50 employees and 33 percent of the company’s workforce lost their jobs, the lawsuit says. 

The suit looks to represent those who worked at Empire Solar’s Salt Lake City facility or other locations nationwide and were terminated as part of the mass layoff/plant closing ordered by the company on or about June 8, 2021 and thereafter. 

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