Rosen Hotels and Resorts Hit with WARN Act Class Action Over Six-Month-Plus Worker Furlough

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Rosen Hotels and Resorts faces a proposed class action after allegedly failing to provide mandatory 60 days’ notice prior to laying off workers for longer than six months. 

The nine-page lawsuit claims the Orlando, Florida-headquartered hotel operator is liable for damages under the federal Worker Adjustment and Retraining Notification (WARN) Act, which, among other mandates, requires companies of a certain size to provide workers with at least 60 days’ advance written notice of layoffs that are to exceed six months. 

According to the complaint, the plaintiff was one of roughly 75 employees who worked at the defendant’s Rosen Inn in Orlando. Per the suit, Rosen Hotels and Resorts employed approximately 4,500 workers until around April 10, 2020. 

Around that date, the case says, the defendant notified the plaintiff and approximately 1,000 others that they would be placed on a temporary furlough, which ended up continuing for the next six months without word from Rosen Hotels and Resorts as far as the individuals’ employment status. 

The lawsuit relays that the WARN Act was essentially triggered when the plaintiff and similarly situated workers never received notification from the defendant after April 10, 2020 as to their employment status. According to the complaint, proposed class members suffered “employment losses” as part of the mass layoff and/or plant closure exceeding six months as it’s defined under the law. 

“Defendant was required by the WARN Act to give the Plaintiff and the Other Similarly Situated Employees at least 60 days advance written notice prior to their layoff exceeding 6 months,” the suit summarizes. 

Rosen Hotels and Resorts failed to pay the plaintiff and similarly situated workers their respective wages, salary, commissions, bonuses and accrued holiday and vacation pay in addition to failing to make 401(k) contributions and provide health insurance coverage and other benefits, the lawsuit alleges.

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