The global economic downturn means that we are likely to see more restructuring and reorganization measures during 2023. Employers need to be aware of compliance with the federal Worker Adjustment and Retraining Notification Act (the federal “WARN” Act), which requires advance notification in the case of plant closings and mass layoffs. Some states have also adopted laws, often referred to as “Mini-WARN Acts,” with their own notice requirements. Employers in such jurisdictions are required to comply with the more rigorous requirements imposed by federal or state law.
Among the states to have adopted a Mini-WARN Act is New Jersey. The Millville Dallas Airmotive Plan Job Loss Notification Act (“New Jersey Mini-WARN Act”), N.J. Stat. Ann. §§ 34:21-1 and 34:21-2, previously applied to employers which (1) conducted a mass layoff (defined as termination of (a) 500 or more employees or (b) 50 or more employees if they comprise 50% of the workforce at the place of employment), or (2) transferred or terminated operations at an establishment resulting in the termination of 50 or more full-time employees within a 30-day period. Covered employers were required to give 60 days’ notice of the impending transfer of operations, termination of operations, or mass layoff before the first termination of employment occurred.
The New Jersey legislature adopted amendments to the New Jersey Mini-WARN Act, which were originally intended to be effective on July 19, 2020, but the Governor deferred...
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