New Jersey's approach to layoff regulations is robust, aiming to protect workers by ensuring that they receive adequate notice and information about impending layoffs. In this article, we will walk you through the key aspects of layoff laws in New Jersey, particularly focusing on the state's WARN Act.
Yes, New Jersey has its own version of the WARN Act, known as the "New Jersey Millville Dallas Airmotive Plant Job Loss Notification Act," commonly referred to as the New Jersey WARN Act. This law enhances the federal WARN Act, providing additional protections and requirements for employees in the state.
The New Jersey WARN Act requires employers to give a mandatory 90-day notice period to affected employees before any mass layoffs, terminations, or transfer of operations. This is a stricter requirement compared to the federal WARN Act, which mandates only a 60-day notice.
The New Jersey WARN Act covers employers with 100 or more full-time employees. It applies to those planning a mass layoff, which affects at least 50 employees, a termination of operations affecting 50 or more employees, or a transfer of operations affecting any number of employees.
Under New Jersey law, employers must provide a 90-day notice to all affected employees and their representatives, the Commissioner of Labor and Workforce Development, and the chief elected official of the municipality where the establishment is located. This notice must include specific information about the expected layoffs, including the reasons for the layoffs and the number of affected employees.
In addition to providing a 90-day notice, New Jersey employers must also pay severance to all affected employees if they fail to give the required notice. The severance payment is equal to one week of pay for each year of service. Furthermore, if an employer conducts a layoff without the required 90-day notice, they are still obligated to pay all affected employees severance pay.
* This is legal or tax advice.
