Stay Ahead of the Curve with Key Insights from Our L&E Team

New Jersey continues its expansion of workplace legislation, necessitating close attention from employers statewide. Stay ahead of the curve with our overview of the latest employment-related updates impacting employment practices in the Garden State.

• NJ-WARN Act: On January 10, 2023, Governor Phil Murphy signed a bill (“NJ WARN”) that significantly expands liability with respect to certain terminations of employment in the state of New Jersey, effective April 10, 2023. The NJ WARN law was previously adopted in 2020 but its effectiveness was delayed as a result of the COVID-19 pandemic. The law applies to employers that employ 100 or more employees, including part-time employees. If the employer terminates 50 or more employees (including part-time employees) throughout the State of New Jersey (generally over 90-day period), then NJ is applicable and an employer must provide 90 days’ advance written notice of such termination. In addition, if NJ WARN is applicable, then NJ WARN requires mandatory severance of one week of pay per year of service, and this severance may not be waived without approval from a court of the Commissioner of the NJ Labor and Workforce Department. If the 90 days’ advance notice is not provided, then in addition to the requirements described above (including to pay the employees for the 90-days), severance of four weeks’ pay per affected employee is required. This is one of the most restrictive mini-WARN Acts in the nation.
• Temporary Workers’ Bill of Rights: Effective May 7, 2023, temporary staffing agencies and their clients must follow the New Jersey Temporary Workers’ Bill of Rights’ notice and antiretaliation provisions.
• Child Labor Law: Effective June 1, 2023, New Jersey’s child labor law was amended to require that minor register with the New Jersey Department of Labor and Workforce Development. Additionally, the amendment repealed the parental consent requirements for most exemptions from restrictions on working time.