New Jersey Warn Act

New Jersey WARN Act Lawyers

Navigating Protections and Seeking Compensation for Affected Employees

The Worker Adjustment and Retraining Notification (WARN) Act is a critical federal legislation designed to protect employees by ensuring they receive advance notice in cases of significant workforce reductions. The law mandates that employers provide notice before plant closings or mass layoffs, allowing workers to prepare and seek new employment opportunities. The WARN Act aims to mitigate the economic impact on workers and communities by providing compensation to affected employees who were not provided timely notice.

Understanding your rights under the federal WARN Act and New Jersey's complementary statute, N.J. Stat. § 34:21-2, is crucial. If an employer fails to provide the required notice, affected employees may be entitled to damages, including back pay and benefits for the notification period. Additionally, employees can seek compensation for the cost of legal action and reasonable attorneys' fees. 

Hiring an attorney is essential if you believe your employer has not adhered to state or federal WARN Act requirements. A lawyer can help you navigate the legal process, build a strong case, and work toward a fair outcome. Goodley McCarthy LLC assists employees seeking to recover the wages and benefits they are owed due to employer misconduct. We understand the importance of financial stability and are committed to fighting against injustice.

Those needing a WARN Act attorney in New Jersey can contact us at (215) 273-3491.

What Is the Federal WARN Act?

The WARN Act is a federal law that protects employees by ensuring they receive adequate notice before employment disruptions, such as mass layoffs or plant closures. The Act requires employers to provide workers with a 60-day advance notice to help them prepare for the potential economic impact, allowing them time to seek alternative employment or retraining opportunities.

The WARN Act sets forth specific requirements and protections designed to safeguard employees' interests:

  • 60-day advance notice. Employers must provide a written notice at least 60 days before a mass layoff or plant closure. This notice should include whether the layoff or closure is permanent or temporary, the date of the layoff or plant closure, an explanation of bumping rights (if applicable), and the name and contact information of a company representative who can provide further details.
  • Covered employees and employers. The Act applies to businesses with 100 or more full-time employees. These businesses can be private for-profit entities, private non-profit organizations, or quasi-public entities separately organized from regular government bodies. Covered employees include hourly and salaried workers, managers, and supervisors.
  • Circumstances triggering WARN Act notification. The WARN Act notification requirements are triggered when certain thresholds concerning the number of employees affected are met. 
    • Mass layoffs. Defined as layoffs affecting 50 or more full-time workers at a single employment site.
    • Plant closures. Occur when a facility is shut down at a single site of employment, resulting in the termination of employment for at least 50 full-time workers.

Understanding these provisions is vital for employees to recognize their rights and take appropriate action if their employer fails to comply with the WARN Act's requirements.

Does New Jersey Have a WARN Act?

New Jersey's WARN Act, outlined in N.J. Stat. §§ 34:21-1 — 7, (also known as the “Millville Dallas Airmotive Plant Job Loss Notification Act”) enhances protections for employees facing mass layoffs or plant closures. This state-specific legislation mandates that employers provide advance notification to several key parties, ensuring a broader scope of awareness and preparation for affected workers and communities.

Under the NJ-WARN Act, employers must notify the following parties at least 90 days before a mass layoff or plant closure:

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

Employers must provide severance pay to each employee whose employment is terminated. The severance pay must equal one week for each full year of employment with the employer.  If the employer fails to provide 90 days advance notice, the employer owes an additional four weeks of pay.

The NJ-WARN Act is more favorable to employees than its federal counterpart in other ways.  For example, for the notification and severance provisions to be triggered, the 50 or more affected employees may be aggregated across the state (i.e., it is not necessary that all 50 employees lose their jobs at the same operating location).

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Protecting Your Rights Under the NJ-WARN Act

Timely action is vital if you suspect your employer has not complied with state or federal regulations. Promptly seeking legal support can help you navigate the complexities of these laws and pursue the compensation you deserve.

At Goodley McCarthy LLC, we defend employees’ rights. Our attorneys provide representation against employers who violate the WARN Act, seeking justice for those we serve.

To schedule a consultation with one of our New Jersey WARN Act lawyers, please call us at (215) 273-3491 or contact us online.

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