Law.com, “Spirit Airlines and AGI Face First Round of Labor Class Actions After Spirit’s Collapse,” quotes Aaron Solomon, Esq., 5-29-26

Kaufman Dolowich’s Aaron Solomon, Long Island Partner, was quoted in a recent Law.com article about Spirit Airlines’ shutdown and the resulting labor class actions, including those involving WARN Act claims.

In the article, Mr. Solomon noted that WARN Act cases are often well-suited for class actions because the core notice issue usually affects all employees the same way. “When you’re looking at class actions, you’re looking at if there’s a common, unlawful policy; if the claims are typical across the employees, they have the same claims and the employer has similar defenses,” he said. “WARN, I’ve always viewed it as a very easy class claim.” Mr. Solomon explained in the article that if an employer failed to provide proper notice to one affected employee, the same alleged failure often applies to others in the same layoff.”

Still, he added, that while the employees may have a strong chance of getting class certification, actual recovery could be difficult because Spirit is in bankruptcy and other creditors may be ahead of them. Mr. Solomon said Spirit’s likely defense is that it faced unforeseeable business circumstances and gave notice as soon as practicable. Under federal law, employers may in some circumstances provide less than 60 days’ notice, but they still must give notice as soon as practicable. But he noted that defense may depend heavily on what Spirit knew and when it knew it.

Subscribers can read more in the full article here: Spirit Airlines and AGI Face First Round of Labor Class Actions After Spirit’s Collapse | Law.com