Any restatement or summary of the law, which is contained in this document is intended for informational purposes only. The Department of Labor and Workforce Development has neither enforcement authority, nor rulemaking authority under the Millville Dallas Airmotive Plan Job Loss Notification Act, P.L. 2007, c.212. The role of the Department of Labor and Workforce Development under P.L. 2007, c.212, is limited to (1) dispatching the rapid response team to, among other things, provide appropriate information, referral and counseling to workers who are subject to plant closings or mass layoffs and (2) making available to employers the form upon which notification shall be provided under P.L. 2007, c.212.

Under New Jersey law, employees have certain rights and employers have certain obligations to give proper notice to their employees and others before taking certain employment actions.

Who must comply with this law?(C.34:21-2)

Before the first termination of employment occurs, you must provide no less than 60 days advance notice in writing to the following entities:

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

The employer who operates the establishment or conducts the mass layoff shall provide each full-time employee whose employment is terminated and to whom the employer provides less than the number of days of notification required pursuant to subsection a. of C.34:21-2, severance pay equal to one week of pay for each full year of employment.  The rate of severance pay provided by the employer pursuant to this subsection b. shall be the average regular rate of compensation received during the employee's last three years of employment with the employer or the final regular rate of compensation paid to the employee, whichever rate is higher.  The severance pay provided by the employer pursuant to this subsection b. shall be in addition to any severance pay provided by the employer pursuant to a collective bargaining agreement or for any other reason, except that any back pay provided by the employer to the employee pursuant to section 5 of the "Worker Adjustment and Retraining Notification Act," Pub.L.100-379 (29 U.S.C. s.2104), because of a violation of section 3 of that act (29 U.S.C. s. 2102) shall be credited toward meeting the severance pay requirements of this subsection b of this act.

In accordance with section 5 of P.L. 2007, c.212, there is established within the Department of Labor and Workforce Development a response team, the purpose of which is to provide appropriate information, referral and counseling to workers who are subject to plant closings or mass layoffs.  The information, referral and counseling provided by the response team will address available public programs which make it possible to delay or prevent the transfer or termination of operations, including economic development incentive and workforce development programs, public programs or benefits which may be available to assist the employees, including but not limited to, unemployment compensation benefits, job training or retraining programs, and job search assistance; and employee rights based on P.L. 2007, c.212, or any other law which applies to the employees with respect to wages, severance pay, benefits, pensions or other terms of employment as they relate to the termination of employment.

Employers covered by P.L. 2007, c.212 are required to provide the response team with the amount of on-site work-time access to the employees of the establishment that the response team determines is necessary for the response team to carry out its responsibilities under the law.

COMPARISON OF WARN & NEW JERSEY PLANT CLOSING/MASS LAYOFF LAW

Millville Dallas Airmotive Plant Job Loss Notification Act

Definitions (per P.L 2007, c212, C.34:21-1)

• “Commissioner” means the Commissioner of Labor and Workforce Development.
  
  
• “Department” means the Department of Labor and Workforce Development.
  
  
• “Employer” means an individual or private business entity which employs the workforce at an establishment.
  
  
• “Establishment” means a single place of employment which has been operated by an employer for a period longer than three years, but shall not include a temporary construction site. “Establishment” may be a single location or a group of contiguous locations, including groups of facilities which form an office or industrial park or separate facilities just across the street from each other.
  
  
• “Facility” means a building.
  
  
• “Full-time employee” means an employee who is not a part-time employee.
  
  
• “Mass layoff” means a reduction in force which is not the result of a transfer or termination of operations and which results in the termination of employment at an establishment during any 30-day period for 500 or more full-time employees or for 50 or more of the full-time employees representing one third or more of the full-time employees at the establishment.
  
  
• “Operating unit” means an organizationally distinct product, operation, or specific work function within or across facilities at a single establishment.
  
  
•  “Part-time employee” means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than six of the 12 months preceding the date on which notice is required pursuant to this act.
  
  
•  “Response team” means the plant closing response team established pursuant to section 5 of this act.
  
  
•  “Termination of employment" means the layoff of an employee without a commitment to reinstate the employee to his previous employment within six months of the layoff, except that "termination of employment" shall not mean a voluntary departure or retirement or a discharge or suspension for misconduct of the employee connected with the employment or any layoff of a seasonal employee or refer to any situation in which an employer offers to an employee, at a location inside the State and not more than 50 miles from the previous place of employment, the same employment or a position with equivalent status, benefits, pay and other terms and conditions of employment, and, except that a layoff of more than six months which, at its outset, was announced to be a layoff of six months or less, shall not be treated as a termination of employment under this act if the extension beyond six months is caused by business circumstances not reasonably foreseeable at the time of the initial layoff, and notice is given at the time it becomes reasonably foreseeable that the extension beyond six months will be required.
  
  
• “Termination of operations” means the permanent or temporary shutdown of a single establishment, or of one or more facilities or operating units within a single establishment, except that “termination of operations” shall not include a termination of operations made necessary because of a fire, flood, natural disaster, national emergency, act of war, civil disorder or industrial sabotage, decertification from participation in the Medicare and Medicaid programs as provided under Titles XVIII and XIX of the federal "Social Security Act," Pub.L.74-271 (42 U.S.C. s.1395 et seq.) or license revocation pursuant to P.L.1971, c.136 (C.26:2H-1 et al.).
  
  
• “Transfer of operations” means the permanent or temporary transfer of a single establishment, or one or more facilities or operating units within a single establishment, to another location, inside or outside of this State.