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NJDOL Home > Warn > New Jersey Business Closing/Mass Layoff Notification Law

New Jersey Business Closing/Mass Layoff Notification Law

Millville Dallas Airmotive Plant Job Loss Notification Act
P.L. 2007, c.212, C.34:21-2
 

Any restatement or summary of the law, which is contained in this document is intended for informational purposes only. The Department of Labor and Workforce Development has neither enforcement authority, nor rulemaking authority under the Millville Dallas Airmotive Plan Job Loss Notification Act, P.L. 2007, c.212. The role of the Department of Labor and Workforce Development under P.L. 2007, c.212, is limited to (1) dispatching the rapid response team to, among other things, provide appropriate information, referral and counseling to workers who are subject to plant closings or mass layoffs and (2) making available to employers the form upon which notification shall be provided under P.L. 2007, c.212.

Under New Jersey law, employees have certain rights and employers have certain obligations to give proper notice to their employees and others before taking certain employment actions.

 

Who must comply with this law?(C.34:21-2)

If you are an individual or private business establishment that has been in operation in the State of New Jersey for longer than three years and you employ 100 or more full-time employees, you must comply with the above law if you anticipate any of the following events:

Mass Layoff

"Mass layoff" means a reduction in force which is not the result of a transfer or termination of operations and which results in the termination of employment at an establishment during any 30-day period for 500 or more full-time employees or for 50 or more of the full-time employees representing one third or more of the full-time employees at the establishment.

Transfer or Termination of Operations

“Termination of operations" means the permanent or temporary    shutdown of a single establishment, or of one or more facilities or operating units within a single establishment, except that “termination of operations” shall not include a termination of operations made necessary because of a fire, flood, natural disaster, national emergency, act of war, civil disorder or industrial sabotage, decertification from participation in the Medicare and Medicaid programs as provided under Titles XVIII and XIX of the federal "Social Security Act," Pub.L.74-271 (42 U.S.C. s.1395 et seq.) or license revocation pursuant to P.L.1971, c.136 (C.26:2H-1 et al.).

"Transfer of operations" means the permanent or temporary transfer of a single establishment, or one or more facilities or operating units within a single establishment, to another location, inside or outside of this State.




Who must you provide notice to and when? (C.34:21-2)

Before the first termination of employment occurs, you must provide no less than 60 days advance notice in writing to the following entities:

  • Commissioner of Labor and Workforce Development
  • The chief elected official of the municipality where the establishment is located
  • Each employee whose employment is to be terminated
  • Any collective bargaining unit of employees at the establishment

Severance pay (C.34:21-2b)

The employer who operates the establishment or conducts the mass layoff shall provide each full-time employee whose employment is terminated and to whom the employer provides less than the number of days of notification required pursuant to subsection a. of C.34:21-2, severance pay equal to one week of pay for each full year of employment.  The rate of severance pay provided by the employer pursuant to this subsection b. shall be the average regular rate of compensation received during the employee's last three years of employment with the employer or the final regular rate of compensation paid to the employee, whichever rate is higher.  The severance pay provided by the employer pursuant to this subsection b. shall be in addition to any severance pay provided by the employer pursuant to a collective bargaining agreement or for any other reason, except that any back pay provided by the employer to the employee pursuant to section 5 of the "Worker Adjustment and Retraining Notification Act," Pub.L.100-379 (29 U.S.C. s.2104), because of a violation of section 3 of that act (29 U.S.C. s. 2102) shall be credited toward meeting the severance pay requirements of this subsection b of this act.

Response Team Services

In accordance with section 5 of P.L. 2007, c.212, there is established within the Department of Labor and Workforce Development a response team, the purpose of which is to provide appropriate information, referral and counseling to workers who are subject to plant closings or mass layoffs.  The information, referral and counseling provided by the response team will address available public programs which make it possible to delay or prevent the transfer or termination of operations, including economic development incentive and workforce development programs, public programs or benefits which may be available to assist the employees, including but not limited to, unemployment compensation benefits, job training or retraining programs, and job search assistance; and employee rights based on P.L. 2007, c.212, or any other law which applies to the employees with respect to wages, severance pay, benefits, pensions or other terms of employment as they relate to the termination of employment.

Employers covered by P.L. 2007, c.212 are required to provide the response team with the amount of on-site work-time access to the employees of the establishment that the response team determines is necessary for the response team to carry out its responsibilities under the law.

 

COMPARISON OF WARN & NEW JERSEY PLANT CLOSING/MASS LAYOFF LAW


FEDERAL WARN


NEW JERSEY STATE


Employer

Any business enterprise with 100 or more employees, excluding part time; or 100 or more employees, including part time, who work a combined total of at least 4,000 regular hours per week

An individual or private business entity  operated by an employer for a period longer than three years and employs 100 or more full-time employees

 


Covered Actions

Plant Closings – The permanent shutdown of a single site of employment, if the shutdown results in an employment loss during any 30 day period for 50 or more employees

 

Mass Layoffs – Results in an employment loss of at least 33% of the workforce at a single site of employment during any 30 day period, provided at least 50 employees are affected.  If 500 employees are affected, the one third requirement does not apply

A transfer of operations or a termination of operations during any continuous period of 30 days which results in the termination of employment of 50 or more full-time employees, or

 

mass layoff that results in an employment loss at an establishment during any 30 day period for 500 or more full-time employees, or for 50 or more full-time employees representing one third or more of the full-time employees at the establishment


Notice Requirement


60 days


60 days


Notice Provided To

  • The affected employees or their bargaining representative
  • The chief elected official of the unit of local government
  • The state dislocated worker unit
  • Each employee to be terminated and any collective bargaining units
  • The chief elected official of the municipality
  • The Commissioner of Labor and Workforce Development


Content of Notice

  • The name and address of the employment site where the plant or mass layoff will occur
  • A statement as to whether the planned action is expected to be permanent or temporary and, if the  entire plant is to be closed a statement to that effect
  • Job titles of positions to be affected and the number of affected employees in each job classification
  • An indication as to whether bumping rights exist
  • The name and telephone number of a company official to contact

 

 

  • A statement of the number of employees to be terminated and the date or dates of the mass layoff or termination of operations
  • A statement of the reasons for the mass layoff or transfer or termination of operations
  • A statement of any employment available to employees at any other establishment operated by the employer, and information regarding the benefits, pay and other terms and conditions of that employment and the location of the other establishment
  • A statement of any employee rights with respect to wages, severance pay, benefits, pension or other terms of employment as they relate to the termination, including any rights based on a collective bargaining agreement or other existing employer policy
  • A disclosure of the amount of the severance pay which is payable
  • A statement of the employees’ right to receive from the response team, information, referral and counseling regarding public programs which may make it possible to delay or prevent the transfer, termination of operations or mass layoff; public programs and benefits to assist the employees; and employee rights based on law


Severance

None

 

Provided to each full-time terminated employee to whom the employer provides less than the number of days of notification.  Calculation is equal to one week of pay for each full year of employment and is in addition to any other severance paid for any reason.  Back pay provided by the employer to conform to the WARN law is credited towards meeting this severance pay criteria


Response Team Services


At the employer’s discretion


Provides for on-site work-time access


Disputes


Settled in District Court


Settled in Superior Court


 

 

Millville Dallas Airmotive Plant Job Loss Notification Act

 

Definitions (per P.L 2007, c212, C.34:21-1)

  • “Commissioner” means the Commissioner of Labor and Workforce Development.

  • “Department” means the Department of Labor and Workforce Development.

  • “Employer” means an individual or private business entity which employs the workforce at an establishment.

  • “Establishment” means a single place of employment which has been operated by an employer for a period longer than three years, but shall not include a temporary construction site. “Establishment” may be a single location or a group of contiguous locations, including groups of facilities which form an office or industrial park or separate facilities just across the street from each other.

  • “Facility” means a building.

  • “Full-time employee” means an employee who is not a part-time employee.

  • “Mass layoff” means a reduction in force which is not the result of a transfer or termination of operations and which results in the termination of employment at an establishment during any 30-day period for 500 or more full-time employees or for 50 or more of the full-time employees representing one third or more of the full-time employees at the establishment.

  • “Operating unit” means an organizationally distinct product, operation, or specific work function within or across facilities at a single establishment.

  •  “Part-time employee” means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than six of the 12 months preceding the date on which notice is required pursuant to this act.

  •  “Response team” means the plant closing response team established pursuant to section 5 of this act.

  •  “Termination of employment" means the layoff of an employee without a commitment to reinstate the employee to his previous employment within six months of the layoff, except that "termination of employment" shall not mean a voluntary departure or retirement or a discharge or suspension for misconduct of the employee connected with the employment or any layoff of a seasonal employee or refer to any situation in which an employer offers to an employee, at a location inside the State and not more than 50 miles from the previous place of employment, the same employment or a position with equivalent status, benefits, pay and other terms and conditions of employment, and, except that a layoff of more than six months which, at its outset, was announced to be a layoff of six months or less, shall not be treated as a termination of employment under this act if the extension beyond six months is caused by business circumstances not reasonably foreseeable at the time of the initial layoff, and notice is given at the time it becomes reasonably foreseeable that the extension beyond six months will be required.

  • “Termination of operations” means the permanent or temporary shutdown of a single establishment, or of one or more facilities or operating units within a single establishment, except that “termination of operations” shall not include a termination of operations made necessary because of a fire, flood, natural disaster, national emergency, act of war, civil disorder or industrial sabotage, decertification from participation in the Medicare and Medicaid programs as provided under Titles XVIII and XIX of the federal "Social Security Act," Pub.L.74-271 (42 U.S.C. s.1395 et seq.) or license revocation pursuant to P.L.1971, c.136 (C.26:2H-1 et al.).

  • “Transfer of operations” means the permanent or temporary transfer of a single establishment, or one or more facilities or operating units within a single establishment, to another location, inside or outside of this State.




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  *(C.34:21-2) By submitting this form online, notification to the Commissioner of Labor and Workforce Development will be satisfied.  To notify the other entities, please print out a completed NJ WARN Form and mail separate copies to each.   
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