Administaff v. New York Joint Board
United States Court of Appeals for the Fifth Circuit
337 F.3d 454 (5th Cir. 2003)
Administaff (defendant) served as a co-employer providing staffing and HR services to TCS, which owned a New Jersey clothing plant; Administaff paid wages but had no say over TCS's business operations. When TCS hit financial trouble and closed the plant without giving the 60 days' notice required by the WARN Act, Administaff learned of the closure only after the fact. The union representing the laid-off employees (plaintiff) sued Administaff for the notice violation, and the district court granted summary judgment for Administaff.
Whether, under the Worker Adjustment and Retraining Notification Act, an employer is liable for failing to give proper notice before a plant closing that the employer did not order.