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A comment on SpaceX Slapped With Wage Class Action Over Mass Layoff. Parent comment

Re:SpaceX Slapped With Wage Class Action Over Mass Layoff by gpm on Friday August 08, 2014 @05:33PM (#8155166)
In this case I think it might, I'm not a lawyer, but the relevant law seems to be this one (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&gr...), which defines layoff as

> "Layoff" means a separation from a position for lack of funds or lack of work.

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Re:SpaceX Slapped With Wage Class Action Over Mass Layoff by sokoloff on Friday August 08, 2014 @07:19PM (#8155615)
US Dept of Labor and the Federal WARN Act have specific requirements for employers over 100 employees where 50 or more are let go from a single location in a 30-day period: http://www.dol.gov/compliance/guide/layoffs.htm

Doesn't matter if they're layoffs for lack of work or performance-based firings: you still have to comply with the provisions of that law.

(I have no knowledge whether SpaceX did or did not comply, of course.)

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Re:SpaceX Slapped With Wage Class Action Over Mass Layoff by stillworking on Friday August 08, 2014 @08:15PM (#8155794)
http://www.doleta.gov/layoff/pdf/EmployerWARN09_2003.pdf

The official employers guide to WARN states that people let go for cause are not counted under WARN.

The SpaceX position seems to be: 1) We just did our yearly performance reviews 2) Low performers were fired 3) Since they were all let go for cause, WARN does not apply.

Some people are claiming that it is a layoff and SpaceX is just trying to work around it. I'm imagining the SpaceX position here would be: 1) Layoffs are defined as letting employees go due to reduction in work or lack of money 2) SpaceX is experiencing neither of these 3) SpaceX plans to grow 20% this year; proof that there is no reduction in work 4) SpaceX has lots of open positions and is actively hiring; further proof that there is no reduction in work or lack of money

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Re:SpaceX Slapped With Wage Class Action Over Mass Layoff by gpm on Friday August 08, 2014 @07:33PM (#8155670)
The article says that the suit is about a alleged "violation of California's Worker Adjustment and Retraining Notification Act.", and "The Cal WARN Act", not the Federal WARN Act.

I have no knowledge of this lawsuit other then this article though.

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Re:SpaceX Slapped With Wage Class Action Over Mass Layoff by hga on Friday August 08, 2014 @07:41PM (#8155693)
The "not paying them wages earned before termination" would be a matter of state law, and with California having its own WARN Act, I presume the lawyers think it's best to sue in state court.
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