North Star Steel Company v. Charles A. Thomas et al. (515 U.S. 29)
U.S. Supreme Court · decided May 30, 1995 · Supreme Court Database (Spaeth)
- Citation
- 515 U.S. 29 · 115 S. Ct. 1927
- Decided
- May 30, 1995
- Term
- October Term 1994
- Vote
- 9–0
- Majority author
- Justice Souter
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Justice Souter delivered the opinion of the Court. The Worker Adjustment and Retraining Notification Act (WARN or Act), 102 Stat. 890, 29 U. S. C. § 2101 et seq., obliges covered employers to give employees or their union 60 days notice of a plant closing or mass layoff. These consolidated eases raise the issue of the proper source of the limitations period for civil actions brought to enforce the Act. For actions brought in Pennsylvania, and generally, we hold it to be state law. I With some exceptions and conditions, WARN forbids an employer of 100 or more employees to “order a plant closing or mass layoff until the end of a 60-day period after the employer serves written notice of such an order.” 29 U. S. C. § 2102(a). The employer is supposed to notify, among others, “each affected employee” or “each representative of the affected employees.” 29 U. S. C. § 2102(a)(1). An employer who violates the notice provisions is liable for penalties by way of a civil action that may be brought “in any district court of the United States for any district in which the violation is alleged to have occurred, or in which the employer transacts business.” § 2104(a)(5). The class of plaintiffs includes aggrieved employees (or their unions, as representatives), ibid., who may collect “back pay for each day of violation,” § 2104(a)(1)(A), “up to a maximum of 60 days,” § 2104(a)(1). While the…
Excerpt of a 12,313-character opinion. The full text and citation network load in the interactive viewer above.