New Jersey has enacted its own version of the federal Worker Adjustment and Retraining Notification Act (WARN Act).
More specifically, the the Millville Dallas Airmotive Plant Job Loss Notification Act (The New Jersey WARN Act or New Jersey WARN) or New Jersey WARN) requires employers with 100 or more full-time employees to provide 60 days' notice to employees affected by a mass layoff, transfer of operations, termination of employment, or termination of operations (NJ Stat. Sec. 34:21-1 et seq.).
The transfer or termination of operations is similar to a plant closing under federal law.
New Jersey WARN applies to employers that have an establishment in New Jersey with at least 100 full-time employees. An "establishment" is defined as a single place of employment that has been operated by an employer for more than 3 years. It may be a single location or a group of contiguous locations, such as an industrial park or separate facilities that are across the street from each other.
A "full-time employee" is any individual that is not a part-time employee. A "part-time employee" is an employee that works an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the time when notice is required under the law.
Employers must provide 60 days' notice to affected employees before the first termination of employment occurs in connection with a mass layoff, transfer of operations, or termination of operations. Notice must be provided if 50 or more full-time employees are impacted and must be given to the affected employees, the Commissioner of Labor and Workforce Development, the chief ...