On December 19, 2017, Levi & Korsinsky successfully obtained a $200,000 settlement on behalf of former employees of David Barton Gym’s Uptown and Astor Place locations who were terminated as a result of the shutdown of the gyms in December 2016. The lawsuit, captioned Dozier v. Club Ventures Investments LLC, Adv. Pr. No. 17-01005-shl (Bankr. S.D.N.Y.), was filed in the United States Bankruptcy Court for the Southern District of New York, and asserted claims under the Federal WARN Act and New York State WARN Act.
Click here to view the Settlement and Release Agreement.
On October 11, 2016, Levi & Korsinsky prevailed in the United States Bankruptcy Court for the District of Delaware when Judge Brendan Linehan Shannon ruled that an arbitration agreement was unenforceable under the National Labor Relations Act because it contained a class-action waiver provision. Though the Debtor-Defendant has filed a notice of appeal, the adversary proceeding is currently moving forward in a class capacity.
Parties interested in learning about the potential impact of this ruling may see a Research Alert entitled “Turning Tides For Employee Arbitration Agreements,” co-written by Lori G. Feldman and Christopher J. Kupka and recently featured on Law360.com. The full text of this Note is available by clicking here.