The New Jersey Millville Dallas Airmotive Plant Job Loss Notification Act (N.J. Mini-WARN Act or the Act) was amended on March 14, 2020 to adapt to economic conditions resulting from the COVID-19 pandemic. The N.J. Mini-WARN Act now exempts employers from having to comply with its provisions in national emergencies. In addition, the stricter requirements and additional penalties for employers that failed to comply that were slated to go into effect on July 19, 2020, have been postponed.
What is the New Jersey Mini-WARN Act?
The N.J. Mini-WARN Act requires that an employer with 100 or more employees provide its employees with 60 days’ notice prior to terminating 50 or more employees in certain situations. The Act always provided that an employer was exempt in the case of a national emergency from the 60 day notice requirement, in certain types of plant closings.
National Emergency Now Exempts Employers Since March 9, 2020
As of the amendment, the Act provides that employers are exempt in all circumstances from providing 60 days’ notice to terminated employees if the reason the employer terminates 50 or more employees is as a result of a national emergency. Because President Trump has declared that the COVID-19 pandemic is a national emergency, the Act effectively no longer applies to businesses that engage in a lay-off of 50 or more employees or a shut-down of a business or plant that affects 50 or more employees as a result of the pandemic. Notably, the amendment is retroactive to March 9, 2020.
New Requirements Delayed in New Jersey
Before this pandemic hit New Jersey, new employer requirements were scheduled to go into effect on July 19, 2020 to the N.J. Mini-WARN Act. The amendment pushes the date by which these requirements take effect forward to 90 days after the termination of New Jersey Governor Phil Murphy’s Executive Order No. 103, which declared a state of emergency for New Jersey. Notably, the requirement that employers pay severance to employees in the case of mass layoffs or terminations of 50 or more employees will not go into effect on July 19, 2020, as previously expected.
If you are an employer and need help navigating the New Jersey Mini-WARN Act or any other employment laws during this COVID-19 crisis, contact Stephanie Gironda or any member of the Wilentz Employment Law Team.
The postings on this blog were created for general informational purposes only and do not constitute legal advice or a solicitation to provide legal services. Although we attempt to ensure that the postings are complete, accurate, and current as of the time of publication, we assume no responsibility for their completeness, accuracy, or timeliness. The information in this blog is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel.
This blog may contain links to independent third party websites and services, including social media. We provide these links for your convenience, and you access them at your own risk. We have no control over and do not monitor the content or policies (including privacy policies) of these third-party websites and have no responsibility for, and no liability with respect to, their content, accuracy, or reliability. Unless expressly stated, we do not endorse any of the linked websites or any product, service, or publication referenced herein or therein. We will remove a link to any site from this blog upon request of the linked entity.
We grant permission to readers to link to this blog so long as this blog is not misrepresented. This site is not sponsored or associated with any other site unless so identified.
If you wish for Wilentz, Goldman & Spitzer, P.A., to consider representing you, please obtain contact information from the Contact Us area of this blog or go to the firm’s website at www.wilentz.com. One of our lawyers will be happy to discuss the possibility of representation with you. However, the authors of Wilentz blogs are licensed only in New Jersey and/or New York and do not wish to represent anyone who viewed this site in a state where the site fails to comply with all laws and ethical rules of that state.