Last week, Governor Murphy signed into law an amendment to the NJ Warn Law to go into effect on April 10, 2023. This law applies to employers with at least 100 employees working in the US, so long as the employer has operated in New Jersey for three years. Understanding updates to this law are critical to ensure your business stays in compliance with New Jersey human resource regulations.
2023 NJ WARN Law Updates
- Notice is triggered by a termination in a 30-day period (or sometimes in a 90-day period) of 50 or more employees located anywhere in the state (i.e., terminations are not counted separately at different sites of employment) and regardless of tenure or hours of work (i.e., there is no distinction between full-time and part-time employees)
- The rule that a mass layoff is triggered only if at least 33% of the workforce is affected has been eliminated.
- The notice period for a mass layoff or plant closing is increased to 90 days (currently 60).
- Severance pay is automatic, and the law requires employers to provide severance pay equal to one week for each year of service.
- If the employer fails to give 90 days’ NJ WARN notice, the severance obligation is increased by four weeks of pay for each employee.
- Employees may not waive their right to severance under NJ WARN without state or court approval.
Do you have questions on this law or other HR questions? Contact Eli Advisors today!