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Summary of difference between federal and state regulations
Some plant closings or mass layoffs fall under the federal Worker Adjustment and Retraining Notification Act (WARN). Under WARN, employers are required to provide 60 days’ advance notice of covered plant closings and mass layoffs, notify the affected workers or their representatives, and the appropriate governmental units. See WARN for more information.
WARN does not preempt any other federal, state, or local law, or any employer/employee agreement that requires other notification or benefit. Rather, the rights provided by WARN supplement those provided by other federal, state, or local laws.
Millville Dallas Airmotive Plant Job Loss Notification Act
New Jersey requires that employers with 100 or more full-time employees follow the stipulations of the WARN Act any time a plant closing, transfer or termination of operations, or a mass layoff takes place.
In addition, before the first termination of employment occurs, employers must notify the Commissioner of Labor and Workforce Development, the chief elected official of the municipality where the business is located, each employee who is losing employment, and any collective bargaining units of the employees.
There are penalties for failure to provide the 60-day notice.
Response teams
The New Jersey Department of Labor and Workforce Development has established a response team to supply information, referrals, and counseling to employees affected by layoffs. New Jersey requires employers to provide the response team with on-site access to affected employees.
Notification
Notifications of plant closings, mass layoffs, or terminations must be in writing and include the following:
- The number of employees affected
- The date or dates of the mass layoffs or of each termination
- A statement of any other employment available to employees at other employer operations
- A statement of employee rights with respect to wages, severance pay, benefits, pension, and other terms of employment
- The amount of severance pay offered
State
Contact
Department of Labor Response Team
Regulations
New Jersey Statute, Title 34 Labor and Workmen's Compensation, §34:21-1 et seq.
New Jersey AdministrativeCode §R.12:40-1.1. Purpose
New Jersey Administrative Code §R.12:40-1.2. Federal WARN Act provisions adopted.
Federal
Contact
Regulations
Worker Adjustment and Retraining Notification Act (WARN):
29 USC §2101 et seq.; 20 CFR 639