North Star Steel Co. v. Thomas, 515 U.S. 29, 3 (1995)

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Cite as: 515 U. S. 29 (1995)

Opinion of the Court

General Kneedler, Allen H. Feldman, Steven J. Mandel, and Judith D. Heimlich.

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 cases 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 terms of the statute are specific on

Stephen A. Bokat, Mona C. Zeiberg, Jan Amundson, and Quentin Riegel filed a brief for the Chamber of Commerce of the United States of America et al. as amici curiae urging reversal.

Kary L. Moss and Mark Granzotto filed a brief for California Rural

Legal Assistance, Inc., et al. as amici curiae urging affirmance.

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