Skip to main content

New Laws for 2020: S3170 (New Jersey)


On January 21st, New Jersey Governor Phil Murphy signed S3170 into law, which expands the Millville Dallas Airmotive Plant Job Loss Notification Act ("NJWARN").

S3170 expands the NJWARN Act by requiring 90 days' advance notice of mass layoffs and plant closings for employers with 100 or more employees.  (The current advance notice requirement is 60 days.)  Of note, the legislation now counts part time workers as part of the 100 or more employees threshold, a change from the current language of the NJWARN Act.  As currently written, to trigger the NJWARN Act, a layoff must result in the discharge of at least 50 employees at the establishment and the discharged employees must make up 33% of the total workforce of the establishment.  S3170 retains the 50 employee threshold but does away with the 33% requirement.

The legislation also requires severance pay to be paid to employees affected by mass layoffs "equal to one week of pay for each full year of employment."  If less than 90 days' notice is provided, discharged employees are to receive an additional four weeks of pay.  (The NJWARN Act only requires employers to pay severance if they did not meet the notice requirement.)

With S3170 set to take effect July 19th, employers in the state would be smart to start taking steps to ensure compliance, given that New Jersey will soon be the first state to guarantee severance as a result of mass layoffs.


For additional information:  https://www.natlawreview.com/article/new-jersey-to-become-first-state-to-guarantee-severance-payments-due-to-mass-layoffs

Comments

Post a Comment

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...
Post a Comment
Read more

San Diego Rolls Back Vaccine Mandate For City Workers

Last Tuesday, the San Diego City Council voted to do away with the vaccine mandate for city employees. The city’s vaccine mandate that was in place required city workers to get the coronavirus vaccine or risk termination.  Perhaps to this surprise of no one, the city’s policy came under fire with 14 employees being terminated and over 100 other employees resigning.  With the coronavirus subsiding, including in Southern California, the San Diego City Council took action. Now, bear in mind, the repeal of the vaccine mandate does not take place immediately. With that being said, the mandate will be repealed March 8th.  I suppose the question now is, what other cities or regions follow San Diego’s lead? For additional information:   https://www.sandiegouniontribune.com/news/politics/story/2023-01-24/san-diego-repeals-controversial-covid-19-vaccine-mandate-citing-drop-in-cases-hospitalizations
Post a Comment
Read more

NLRB: Former Employee Cannot Be Barred From Work Premises After Filing Wage Suit

MEI-GSR Holdings, LLC - NLRB Facts :  MEI-GSR Holdings, LLC d/b/a Grand Sierra Resort & Casino ("GSR") operated a facility that included a hotel, casino, restaurant, clubs, bars, and a pool which were all open to the general public.  Tiffany Sargent ("Sargent") was briefly employed by GSR as a "beverage supervisor" in December of 2012.  After her employment ended, Sargent continued to socialize at one of the clubs.  GSR had a long standing practice of allowing former employees to patronize its facility and did not prohibit Sargent from doing so.  In June of 2013, Sargent and another employee filed a class and collective action against GSR for alleged unpaid wages, in violation of the Fair Labor Standards Act and Nevada law.  In July of 2014, GSR denied Sargent access to an event at one of the clubs.  GSR followed up with a letter and stated that with the on-going litigation (from the wage suit), it decided to bar Sargent from the premises. ...
1 comment
Read more