In response to an aviation class action lawsuit by workers, Volato Inc. has urged a Florida federal court to reject a bid to certify a class of over 200 former employees, arguing the proposed group is too broad and lacks the legal grounds required under the Worker Adjustment and Retraining Notification (WARN) Act.
In a court filing Monday, the fractional jet ownership company opposed the workers’ request for class certification, stating that the individuals involved did not share a common site of employment—a critical requirement under the WARN Act. Volato emphasized that the proposed class members were scattered across 37 states, worked under different supervisors, held varied roles, and were not centralized at a single location.
“WARN Act precedent makes clear that remote or geographically dispersed workers do not meet the ‘single site of employment’ standard unless they report to one centralized location or supervisor, which is not the case here,” Volato said in its filing.
The dispute stems from an August 30, 2024, layoff in which 233 employees were terminated after Volato faced severe financial difficulties. The company eventually reached a deal with flyExclusive that allowed operations to continue on the condition of workforce reduction. Volato pointed out that 68 of the laid-off workers were later rehired by flyExclusive—an important distinction that, according to Volato, disqualifies them from inclusion in the class.
“This substantial subset of rehired workers weakens the plaintiffs’ claim of typicality and further underscores that the proposed class is overly broad,” the company argued.
The lawsuit, led by former employees LouAnn Gray, Khea Trevena, and Michael Ricketts, alleges that Volato failed to provide the legally required 60-day notice prior to the mass layoff. Volato maintains that the WARN Act does not apply under these circumstances, and that individual differences between the employees make class certification inappropriate.
Volato provides private jet services through a fractional ownership model and supports clients with aircraft management, charter services, and jet card programs.
The case is titled Gray et al. v. Volato, Inc. et al., case number 3:24-cv-00952, in the U.S. District Court for the Middle District of Florida.
