NEW JERSEY WARN NOTICES

The Worker Adjustment and Retraining Notification (WARN) act offers protection to workers, their families, and communities by requiring employers to provide notice 60 days in advance of covered plant closings and covered mass layoffs. This notice must be provided to either affected workers or their representatives (e.g., a labor union); to the State dislocated worker unit; and to the appropriate unit of local government.

On January 10, 2023, New Jersey Governor Phil Murphy signed into law the bill severing the effective date of the NJ WARN Act amendments from EO 103.  The NJ WARN Act Amendments will go into effect on April 10, 2023 (ninety days after the Governor signed the Bill).***

The amendments to the New Jersey WARN Act include the following significant changes:

  • Employers with 100 or more employees (regardless of seniority or hours worked) located anywhere in the United States, (as long as the employer has operated in New Jersey for more than three years) would be covered. Currently the New Jersey WARN Act applies only to employers with 100 or more full-time employees.
  • Increase the amount of notice that must be given from 60 days (the length of time required under the federal WARN Act) to 90 days.
  • Notice for a mass layoff would be triggered by the termination of employment at an establishment during any 30-day period for 50 or more of the employees (regardless of whether such employees are full- or part-time) at or reporting tothe establishment.  Currently, notice is triggered for employment losses within 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.
  • Expanded the definition of an “establishment” to a place of employment which has been operated by an employer for a period of longer than three years, but shall not include a temporary construction site.  “Establishment” may be a single location or a group of locations, including anyfacilities within the state, regardless of how far apart such locations are.  Under the current law, an “establishment” is a single location or a group of contiguous locations.
  • Employers would be required to pay all employees affected by the notice-triggering event severance pay equal to one week for each year of service even when the full 90 days’ notice is given. Additionally, in cases where the full 90 days’ notice is not provided, employers would have to provide four additional weeks of severance pay.  The current version of the Act requires employers to pay severance only to full-time employees affected by the notice-triggering event and only where 60 days’ notice is not given.
  • A waiver to severance pay will not be effective without approval of the waiver by the commissioner or a court of common jurisdiction.  This means that employers seeking a release of employees’ claims to severance pursuant to the New Jersey WARN Act will need to rethink their practice.

Dear visitor,

Thank you for visiting our corporate website: www.corporate-america.com.

I hope your time on the website has given you an understanding of our company, Corporate America Realty & Advisors ("CARA"), and how we differentiate ourselves from New Jersey's Industrial and Commercial Real Estate Brokerage Industry. We operate as a highly specialized "Industrial Real Estate Brokerage Boutique," offering customized real estate and business solutions rather than the typical 'one size fits all Department Store style" approach.

"CARA's" comprehensive services are for clients looking to optimize their warehouse and distribution center real estate, planning processes, and bottom line.

Our team of industrial real estate experts has a deep understanding of the NJ market, providing clients with customized solutions for all their warehouse and distribution center needs. We conduct detailed market research to identify the best sites for our clients and assist with negotiating terms and conditions. In addition, we can also provide experts on legal and regulatory matters, helping clients to ensure their operations comply with all applicable laws.

We are committed to helping our clients achieve their business objectives efficiently and cost-effectively, whether they may be looking to either lease, purchase or sell Industrial Real Estate in New Jersey or elsewhere around the United States.

Please do not hesitate to contact or call me about your real estate needs.

Our conversation(s) will be kept confidential.

We at "CARA" are looking forward to being of service to you.

Very truly,

President
Corporate America Realty & Advisors

Email: h.applebaum@corporate-america.com

Phone: +12015075700