New WARN Changes Upcoming in New Jersey
Update Applicable to:
All employers operating within New Jersey.
With the ending of the public health state of emergency in New Jersey, the effective date for changes tied to New Jersey’s Worker Adjustment and Retraining Notification (WARN) Act laws will begin to get closer.
What are the details?
Currently, the new set of changes to New Jersey’s WARN laws are tied to the ending of the state of emergency. With the state of emergency likely to end on or before June 13, 2021, it would place the effective date of these changes on September 11, 2021.
The major changes to the WARN laws in New Jersey would be as follows:
- The amended law applies to employers with at least 100 employees, regardless of tenure or hours of work.
- Notice is triggered by the termination of 50 employees, regardless of tenure or hours of work.
- Terminations across the state are aggregated to determine if the threshold is met, regardless of where within the state the terminations occur.
- Notice is increased to 90 days, previously 60.
- Severance pay is automatic (though it integrates with existing employer severance plans, policies, or Collective Bargaining Agreement requirements) – with additional severance due if notice is not given.
- Employees may not waive their right to severance under the law without state or court approval.
The bill can be read here.
An article with a more detailed breakdown may be found here.
What do employers need to do?
Employers should continue to monitor the situation and prepare to update their procedures related to layoffs and terminations once the effective date is settled.