Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm News
Author: Scarinci Hollenbeck, LLC
Date: May 14, 2020
The Firm
201-896-4100 info@sh-law.comThe coronavirus (COVID-19) pandemic has prompted changes to New Jersey’s mass layoff law. As amended, the Worker Adjustment and Retraining Notification (WARN) Act’s definition of mass layoff no longer includes a mass layoff that is necessary because of a natural disaster or national emergency. In addition, the new requirement that employers pay severance to all employees following amass layoff will be delayed until 90 days after New Jersey’s state of emergency has been lifted.
New Jersey’s WARN Act requires employers with 100 or more employees to provide notice prior to laying off 50 or more employees within a 30-day period. The notice requirements specifically apply to mass layoffs and the transfer of operations/termination of operations.
The WARN Act previously required employers who failed to satisfy the notification requirements to pay severance to impacted employees. Senate Bill No. 3170 (SB 3170), which Gov. Murphy signed into law in January, makes the requirement to provide severance pay apply whether or not the employer provides the required notice. Pursuant to SB 3170:
Severance under this subsection shall be regarded as compensation due to an employee for back pay and losses associated with the termination of the employment relationship, and earned in full upon the termination of the employment relationship, notwithstanding the calculation of the amount of the payment with reference to the employee’s length of service.
Under the amendments, severance is equal to one week of pay for each full year of employment and is in addition to any other severance paid for any reason. SB 3170 also requires an additional severance of four weeks of pay if the employers fail to satisfy the 90-day WARN Act notice requirement. Other amendments set forth in SB 3170 include increasing the minimum number of days that covered employers must give to employees from 60 days to 90 days and counting both full-time and part-time workers when calculating the number of employees impacted by a layoff.
SB 3170 was slated to take effect on July 19, 2020. However, Gov. Murphy recently signed additional WARN Act amendments into law that give New Jersey employers a temporary reprieve in light of the COVID-19 pandemic.
Under Senate Bill No. 2353 (SB 2353), the definition of mass layoff is amended to expressly exclude “a mass layoff 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, or license revocation pursuant to P.L.1971, c.136.” Accordingly, layoffs due to COVID-19 will generally not be subject to the WARN Act’s requirements. The new law also delays the effective date of SB 3170. The effective date is now the 90th day following the termination of Gov. Murphy’s Executive Order 103, which established the current state of emergency.
If you have any questions or if you would like to discuss the matter further, please contact Maryam Meseha, Sarah Tornetta, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Scarinci Hollenbeck Partner Nathanya G. Simon named by ROI-NJ to the “ROI Influencers: Women in Business” list for fourth consecutive year Scarinci Hollenbeck Partner Nathanya G. Simon has been named by ROI-NJ to the “ROI Influencers: Women in Business” list for 2025. After four decades of practice, Nathanya’s pioneering influence in the field of special […]
Author: Scarinci Hollenbeck, LLC
Congratulations Angela Turiano on appointment as Director of Legislative Affairs for SHRM Princeton April 17, 2025 – Little Falls, NJ – Scarinci & Hollenbeck, LLC congratulates Partner Angela Turiano on her appointment as Director of Legislative Affairs for SHRM Princeton. Along with serving as a member of SHRM Princeton’s leadership team, Angela will monitor pending legislative, regulatory, […]
Author: Scarinci Hollenbeck, LLC
Congratulations Brittany P. Tarabour for Nomination as Three-Year Trustee of the Monmouth Bar Association Red Bank, NJ – April 9, 2025 – Scarinci & Hollenbeck, LLC proudly congratulates Brittany P. Tarabour on her nomination by the Monmouth Bar Association to serve as a Three-Year Trustee. Founded in 1908, the Monmouth Bar Association is dedicated to […]
Author: Scarinci Hollenbeck, LLC
Scarinci Hollenbeck Partner Ron Bienstock Featured on Bloomberg Law Podcast to Discuss Dua Lipa Copyright Infringement Lawsuits Little Falls, NJ – April 8, 2025 – Scarinci & Hollenbeck, LLC Partner and Chair of the firm’s Intellectual Property and Entertainment & Media departments Ronald S. Bienstock was recently featured on the Bloomberg Law podcast to discuss […]
Author: Scarinci Hollenbeck, LLC
Scarinci Hollenbeck Attorneys From Little Falls and Red Bank Named to 2025 New Jersey Super Lawyers List Little Falls, NJ – April 2, 2025 – Scarinci & Hollenbeck, LLC attorneys from both NJ offices were named to the 2025 New Jersey Super Lawyers and Rising Stars list. Each attorney was chosen in recognition of their […]
Author: Scarinci Hollenbeck, LLC
On Thursday, April 3, 2025, Partner Angela Turiano will make her fifth appearance as a mock arbitrator for the Securities Arbitration Clinic at the prestigious Fordham School of Law. Angela will draw on her years of experience to provide feedback to these future lawyers after making opening presentations and closing arguments, with the goal of […]
Author: Scarinci Hollenbeck, LLC
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!