New Jersey Mini-WARN Act Amendment Appears Imminent

New Jersey has moved one step closer to implementing sweeping changes to the state’s mini-WARN Act (officially known as the “Millville Dallas Airmotive Plant Job Loss Notification Act”). The New Jersey Legislature recently passed a bill (Assembly Bill No. 4768) that will allow the major revisions to the law, which have been paused due to the COVID-19 pandemic, to take effect in ninety days upon enactment of the legislation.

Among other changes to its provisions, the law will now require employers to:

• provide ninety days’ (up from sixty days’) advance notice in the event of a covered mass layoff or plant closure; and
• provide employees discharged in a covered mass layoff or plant closure with severance pay equal to one week of pay for each full year of employment. (A lawsuit is still pending to declare the severance pay requirement preempted by federal law.)

The bill now heads to Governor Phil Murphy’s desk for signing. As currently drafted, the amendments to the New Jersey mini-WARN Act will take effect ninety days after the governor signs the bill.

Ogletree Deakins will continue to monitor developments with respect to this law and will post updates on the firm’s New Jersey and Reductions in Force blogs as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.