In response to the COVID-19 pandemic, on April 14, 2020, New Jersey Governor Phil Murphy signed S-2353, which amends the New Jersey Millville Dallas Airmotive Plant Job Loss Notification Act (“April Amendments”), more commonly known as New Jersey’s mini-WARN statute. New Jersey initially amended its mini-WARN statute in January 2020 (“January Amendments”), significantly expanding notice requirements and liability when a triggering event occurs. Once the January Amendments take effect, New Jersey will be the first state in the nation to require employers who conduct a covered “mass layoff” or “termination of operations” to pay affected employees severance equivalent to one week’s pay for each full year of employment, even when the employer gives sufficient statutory notice to its workers. In addition, among other things, the January Amendments: (i) increase the required advanced notice period from 60 days to 90 days, (ii) reduce the “mass layoff” minimum threshold to 50 employees at or reporting to an establishment, (iii) redefine “establishment” to include all of an employer’s facilities within New Jersey; and (iv) extend severance liability to corporate affiliates and executives making lay-off decisions.
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