N.J. Stat. tit. 34, ch. 21

N.J. Stat. tit. 34, ch. 21
in effect

N.J. Stat. § 34:21-1 Definitions relative to prenotification of certain plant closings, transfers and mass layoffs.

1. As used in P.L.2007, c.212 (C.34:21-1 et seq.): "Commissioner" means the Commissioner of Labor and Workforce Development. "Department" means the Department of Labor and Workforce Development. "Employer" means an individual or private business entity which employs the workforce at an establishment. "Establishment" means a place of employment which has been operated by an employer for a period longer than three years, but shall not include a temporary construction site. "Establishment" may be a single location or a group of locations, including any facilities located in this State. "Facility" means a building. "Mass layoff" means a reduction in force which is not the result of a transfer or termination of operations and which results in the termination of employment at an establishment during any 30-day period for 50 or more of the employees at or reporting to the establishment, except that "mass layoff" shall not include 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," Pub.L. 74-271 (42 U.S.C. s.1395 et seq.) or license revocation pursuant to P.L.1971, c.136 (C.26:2H-1 et al.). "Operating unit" means an organizationally distinct product, operation, or specific work function within or across facilities at a single establishment. "Response team" means the plant closing response team established pursuant to section 5 of P.L.2007, c.212 (C.34:21-5). "Termination of employment" means the layoff of an employee without a commitment to reinstate the employee to his previous employment within six months of the layoff, except that "termination of employment" shall not mean a voluntary departure or retirement or a discharge or suspension for misconduct of the employee connected with the employment or any layoff of a seasonal employee or refer to any situation in which an employer offers to an employee, at a location inside the State and not more than 50 miles from the previous place of employment, the same employment or a position with equivalent status, benefits, pay and other terms and conditions of employment, and, except that a layoff of more than six months which, at its outset, was announced to be a layoff of six months or less, shall not be treated as a termination of employment under P.L.2007, c.212 (C.34:21-1 et seq.) if the extension beyond six months is caused by business circumstances not reasonably foreseeable at the time of the initial layoff, and notice is given at the time it becomes reasonably foreseeable that the extension beyond six months will be required. "Termination of operations" means the permanent or temporary shutdown of a single establishment, or of one or more facilities or operating units within a single establishment, except that "termination of operations" shall not include a termination of operations 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," Pub.L. 74-271 (42 U.S.C. s.1395 et seq.) or license revocation pursuant to P.L.1971, c.136 (C.26:2H-1 et al.). "Transfer of operations" means the permanent or temporary transfer of a single establishment, or one or more facilities or operating units within a single establishment, to another location, inside or outside of this State. L.2007, c.212, s.1; amended 2019, c.423, s.1; 2020, c.22.

N.J. Stat. § 34:21-2 Requirements for establishments subject to transfer, termination of operations, mass layoffs.

2. If an establishment is subject to a transfer of operations or a termination of operations which results, during any continuous period of not more than 30 days, in the termination of employment of 50 or more employees, or if an employer conducts a mass layoff, the employer who operates the establishment or conducts the mass layoff shall: a. Provide, in the case of an employer who employs 100 or more employees, not less than 90 days, or the period of time required pursuant to the federal "Worker Adjustment and Retraining Notification Act," 29 U.S.C. s.2101 et seq., or any amendments thereto, whichever is longer, before the first termination of employment occurs in connection with the termination or transfer of operations, or mass layoff, notification of the termination or transfer of operations or mass layoff to the Commissioner of Labor and Workforce Development, the chief elected official of the municipality where the establishment is located, each employee whose employment is to be terminated and any collective bargaining units of employees at the establishment; b. Provide to each employee whose employment is terminated severance pay equal to one week of pay for each full year of employment. If the employer provides any employee with less than the number of days of notification required pursuant to subsection a. of this section, the employer shall provide that employee with an additional four weeks of pay. The rate of severance pay provided by the employer pursuant to this subsection b. shall be the average regular rate of compensation received during the employee's last three years of employment with the employer or the final regular rate of compensation paid to the employee, whichever rate is higher. 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. An employer shall provide an employee the severance pay required pursuant to this subsection b. or any severance pay provided by the employer pursuant to a collective bargaining agreement or for any other reason, whichever is greater. Any back pay provided by the employer to the employee pursuant to section 5 of the "Worker Adjustment and Retraining Notification Act," Pub.L.100-379 (29 U.S.C. s.2104), because of a violation of section 3 of that act (29 U.S.C. s. 2102) shall be credited toward meeting the severance pay requirements of this subsection b.; and c. Provide the response team with the amount of on-site work-time access to the employees of the establishment that the response team determines is necessary for the response team to carry out its responsibilities pursuant to section 5 of P.L.2007, c.212 (C.34:21-5). In determining whether a termination or transfer of operations or a mass layoff is subject to the notification requirements of this section, any terminations of employment for two or more groups at a single establishment occurring within any 90-day period, when each group has less than the number of terminations which would trigger the notification requirements of this section but the aggregate for all of the groups exceeds that number, shall be regarded as subject to the notification requirements unless the employer demonstrates that the cause of the terminations for each group is separate and distinct from the causes of the terminations for the other group or groups. d. For purposes of this section, "employer" includes any individual, partnership, association, corporation, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee, and includes any person who, directly or indirectly, owns and operates the nominal employer, or owns a corporate subsidiary that, directly or indirectly, owns and operates the nominal employer or makes the decision responsible for the employment action that gives rise to a mass layoff subject to notification. e. No waiver of the right to severance provided pursuant to this section shall be effective without approval of the waiver by the commissioner or a court of competent jurisdiction. L.2007, s.212, s.2; amended 2019, c.423, s.2.

N.J. Stat. § 34:21-3 Contents of required notification.

3. The notification provided pursuant to subsection a. of section 2 of this act shall include: a. A statement of the number of employees whose employment will be terminated in connection with the mass layoff or transfer or termination of operations of the establishment, the date or dates on which the mass layoff or transfer or termination of operations and each termination of employment will occur; b. A statement of the reasons for the mass layoff or transfer or termination of operations; c. A statement of any employment available to employees at any other establishment operated by the employer, and information regarding the benefits, pay and other terms and conditions of that employment and the location of the other establishment; d. A statement of any employee rights with respect to wages, severance pay, benefits, pension or other terms of employment as they relate to the termination, including, but not limited to, any rights based on a collective bargaining agreement or other existing employer policy; e. A disclosure of the amount of the severance pay which is payable pursuant to the provisions of subsection b. of section 2 of this act; and f. A statement of the employees' right to receive from the response team, pursuant to subsection c. of section 2 and subsection a. of section 5 of this act, information, referral and counseling regarding: public programs which may make it possible to delay or prevent the transfer or termination of operations or mass layoff; public programs and benefits to assist the employees; and employee rights based on law. The notification shall be in writing and, after the commissioner has made a form for the notification available to employers, provided on that form. The commissioner shall make the form available to employers not more than 90 days following the effective date of this act. L.2007, c.212, s.3.

N.J. Stat. § 34:21-4 Construction of act relative to collective bargaining agreements.

4. This act shall not be construed as limiting or modifying any provision of a collective bargaining agreement which requires notification, severance payment or other benefits on terms which are more favorable to employees than those required by this act. L.2007, c.212, s.4.

N.J. Stat. § 34:21-5 Establishment of response team.

5. a. There is established, in the Department of Labor and Workforce Development, a response team. The purpose of the response team is to provide appropriate information, referral and counseling, as rapidly as possible, to workers who are, or may be, subject to plant closings or mass layoffs, and the management of establishments where those workers are or were employed. b. In the case of each transfer or termination of the operations in an establishment which results in the termination of 50 or more employees, the response team shall: (1) Offer to meet with the representatives of the management of the establishment to discuss available public programs which may make it possible to delay or prevent the transfer or termination of operations, including economic development incentive and workforce development programs, shared work unemployment compensation benefit programs, and coordinated utilization of any of those programs which are applicable; (2) Meet on site with workers and provide information, referral and counseling regarding: (a) Available public programs which may make it possible to delay or prevent the transfer or termination of operations, including economic development incentive and workforce development programs, shared work unemployment compensation benefit programs, and coordinated utilization of any of those programs which are applicable; (b) Public programs or benefits which may be available to assist the employees, including, but not limited to, unemployment compensation benefits, job training or retraining programs, and job search assistance; and (c) Employee rights based on this act or any other law which applies to the employees with respect to wages, severance pay, benefits, pensions or other terms of employment as they relate to the termination of employment; and (3) Seek to facilitate cooperation between representatives of the management and employees at the establishment to most effectively utilize available public programs which may make it possible to delay or prevent the transfer or termination of operations or to assist employees if it is not possible to prevent the termination. L.2007, c.212, s.5; amended 2011, c.154, s.10.

N.J. Stat. § 34:21-6 Initiation of suit by aggrieved employee, former employee.

6. An aggrieved employee or former employee or his authorized representative may initiate suit in Superior Court under this act either individually or on behalf of employees or former employees affected by a violation of the provisions of this act. If an action is undertaken on behalf of affected employees or former employees, the party initiating the action shall inform the department, which shall notify each affected employee or former employee. If the court finds the employer has violated the provisions of this act, it shall award to the aggrieved present or former employees: costs of the action, including reasonable attorneys' fees; and compensatory damages, including lost wages, benefits and other remuneration. Any award of compensatory damages for lost wages shall be limited to the amount of severance pay required pursuant to subsection b. of section 2 of this act. L.2007, c.212, s.6.

N.J. Stat. § 34:21-7 Short title.

7. This act shall be known and may be cited as the "Millville Dallas Airmotive Plant Job Loss Notification Act." L.2007, c.212, s.7.

N.J. Stat. § 34:21-8 Short title.

1. This act shall be known and may be cited as the "New Jersey Call Center Jobs Act." L.2019, c.470, s.1.

N.J. Stat. § 34:21-9 Definitions relative to relocation of call centers.

2. For the purposes of this act: "Call center" means a facility or other operation whereby workers receive telephone calls or emails or other electronic communication for the purpose of providing customer assistance or other service. "Commissioner" means the Commissioner of Labor and Workforce Development. "Employer" means any business entity that employs 50 or more full-time workers or 50 or more workers that in the aggregate work at least 1,500 hours per week, excluding overtime hours, for the purpose of staffing a call center. L.2019, c.470, s.2.

N.J. Stat. § 34:21-10 Maintenance of staffing level of call center.

3. a. Any employer with a call center within the State of New Jersey shall maintain a staffing level capable of handling no less than 65 percent of customer volume of telephone calls, emails, or other electronic communications, when measured against the previous six-month average volume of those operations, originating in the State of New Jersey or an account with a service address within the State of New Jersey. If the staffing level of a call center falls below the amount required pursuant to this subsection, the employer shall notify the commissioner immediately. b. Any employer that relocates a call center, or transfers one or more facilities or operating units comprising at least 20 percent of a call center's total operating volume of telephone calls, emails, or other electronic communications when measured against the previous 12-month average volume of those operations, from the State of New Jersey to one or more foreign countries shall notify the commissioner at least 90 days prior to the relocation or transfer of operations. c. Any employer that violates the notification requirement pursuant to this section shall be subject to a civil penalty in an amount not to exceed $7,500 for each day the employer fails to provide the notification, collectible by the commissioner in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The commissioner shall have the authority to waive this penalty. L.2019, c.470, s.3.

N.J. Stat. § 34:21-11 List of employers providing notification.

4. The commissioner shall compile and maintain a list of all employers that provide notification pursuant to section 3 of this act. The commissioner shall update the list on a monthly basis and an employer shall remain on the list for a period not to exceed 36 months after each instance of notification pursuant to section 3 of this act. The commissioner shall make the list of employers available to the public and prominently display a link to the list on the Internet website of the Department of Labor and Workforce Development. L.2019, c.470, s.4.

N.J. Stat. § 34:21-12 Ineligibility for certain employers to receive certain financial benefits.

5. Notwithstanding any other provision of law, rule, or regulation to the contrary, an employer that is added to the list compiled and maintained by the commissioner pursuant to section 4 of this act shall be ineligible to receive any direct or indirect State grant, guaranteed loan, tax benefit, and any other financial support for the 36 months following the date upon which the employer is added to the list, except that the employer's inclusion on the list shall not prevent the employer from receiving any grant to provide training or other employment assistance to individuals who are members of specific groups selected as being in particular need of training or other employment assistance, including, but not limited to, employees of the employer whose employment is being affected due to the transfer or relocation of the employer's facility or operating unit, veterans, minority groups and women. As used in this section, "tax benefit" means a tax advantage awarded by a State governmental entity that has the effect of reducing a taxpayer's liability under the "New Jersey Gross Income Tax Act," N.J.S.54A:1-1 et seq., or section 5 of P.L.1945, c.162 (C.54:10A-5). L.2019, c.470, s.5.

N.J. Stat. § 34:21-13 Preference for making, awarding contract.

6. Notwithstanding any provision of law, rule, or regulation to the contrary, a State department or agency, in making or awarding a contract for call center services, shall grant a preference for such contract to qualified businesses located in the State and employing residents of the State, up to the limits set forth under rules and regulations promulgated pursuant to section 8 of this act. L.2019, c.470, s.6.

N.J. Stat. § 34:21-14 Construction of act.

7. Nothing in this act shall be construed to permit the withholding or denial of payments, compensation, or benefits under any State law, including unemployment benefits, disability benefits, or worker retraining or readjustment benefits to workers employed by employers that relocate a call center or transfer one or more facilities or operating units of a call center to a foreign country. L.2019, c.470, s.7.

N.J. Stat. § 34:21-15 Rules, regulations.

8. The commissioner shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to identify qualified businesses under section 6 of this act. The rules and regulations shall also set forth limits on the amount of preference that may be given to a qualified business located in the State employing residents of the State. L.2019, c.470, s.8.

N.J. Stat. § 34:21-16 Definitions.

1. As used in this act: "Awarding authority" means any person that awards or enters into a service contract or subcontract, except that the Port Authority of New York and New Jersey shall not be an awarding authority. "Contractor" means any person, including a subcontractor, who enters into a service contract or subcontract to be performed, provided the contractor employs more than four service employees anywhere in the United States. "Covered location" means one of the following locations, whether publicly or privately owned: (1) multi-family residential building with more than 50 units; (2) commercial center or complex or an office building or complex occupying more than 100,000 square feet; (3) primary and secondary school, or tertiary educational institution; (4) cultural center or complex, such as a museum, convention center, arena or performance hall; (5) industrial site or pharmaceutical lab; (6) airport and train station; (7) hospital, nursing care facility, senior care centers or other health care provider location, except that the provisions of P.L.2023, c.128 (C.34:21-16 et seq.) shall not apply to any change in control of a "health care entity," as defined in section 1 of P.L.2022, c.101 (C.34:11-4.15), which change in control falls within the scope of P.L.2022, c.101 (C.34:11-4.15 et seq.); (8) State courts; or (9) warehouse or distribution center or other facility whose primary purpose is the storage or distribution of general merchandise, refrigerated goods, or other products. "Employer" means any person who employs service employees at a covered location. "Person" means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ persons or enter into a service contract. "Service contract" means a contract between an awarding authority and a contractor to provide services performed by a service employee at a covered location. "Service employee" means an individual employed or assigned to a covered location on a full- or part-time basis for at least 60 days and who is not a managerial or professional employee or regularly scheduled to work less than 16 hours per week in: (1) connection with the care or maintenance of a building or property, and includes but is not limited to work performed by a security guard; a front desk worker; a janitor; a maintenance employee; building superintendent; grounds maintenance worker; a stationary fireman; elevator operator and starter; or window cleaner; (2) passenger-related security services, cargo-related and ramp services, in-terminal and passenger handling and cleaning services at an airport; or (3) food preparation services at a primary or secondary school, or a tertiary educational institution. "Service employee" does not include any individual who performs work on any building, structural, electric, HVAC, or plumbing project, if the work requires a permit to be issued by a municipal building or construction department. "Successor employer" means an employer that: (1) is awarded a service contract to provide, in whole or in part, services that are substantially similar to those provided at any time during the previous 90 days; (2) has purchased or acquired control of a property where service employees were employed at any time during the previous 90 days; or (3) terminates a service contract and hires service employees as its direct employees to perform services that are substantially similar within 90 days after a service contract is terminated or cancelled. L.2023, c.128, s.1.

N.J. Stat. § 34:21-17 Actions required by awarding authority prior to terminating service contract, contracting out services previously performed by covered entity, selling, transferring property, timeline.

2. a. Not less than 15 days before terminating any service contract or contracting out services previously performed by the covered entity, or selling or transferring any property where service employees are employed, an awarding authority shall: (1) request the terminated contractor to give the successor employer a list containing the name, date of hire, and job classification of each service employee working on the service contract and name and contact information of the employee's collective bargaining representative, if any; (2) give the successor employer a list containing the name, date of hire, job classification of each service employee currently performing the work to be performed pursuant to the service contract and name and contact information of the employee's collective bargaining representative, if any; (3) provide written notice to any collective bargaining representative of the affected service employees of the decision to terminate the service contract, enter into a new service contract, or sell or transfer the property; (4) ensure that a written notice to all affected service employees describing the pending termination of the service contract, entrance into a service contract, or sale or transfer of the property, including the name and address of the awardee, purchaser, or transferee, and the employees' rights provided by this section, are conspicuously posted at any affected work site; and (5) provide the affected service employees and their collective bargaining representative with the name and address of any successor employer or the purchaser or transferee of the property. b. A successor employer shall take reasonable steps to ascertain the identity of the affected service employee. c. Subject to subsection e. of this section, a successor employer shall retain an affected service employee at a covered location for 60 days or until its service contract is terminated, whichever is earlier. No successor employer shall reduce any affected service employee's work hours in order to circumvent the protections provided by P.L.2023, c.128 (C.34:21-16 et seq.). No successor employer shall be required to retain any employee based upon the provisions of P.L.2023, c.128 (C.34:21-16 et seq.) beyond 60 days. d. A successor employer shall give an affected service employee a written offer of employment and send a copy to the employee's collective bargaining representative, if any. The offer shall state the date by which the service employee is required to accept the offer, and the date shall be at least 10 days after the notice is delivered. An offer shall state the name, address, and telephone number of the successor employer and the name of the individual who is authorized by the successor employer to make the employment offer. The written offer required by this section shall be substantially in the form set forth in section 4 of P.L.2023, c.128 (C.34:21-19) in a language in which at least 10 percent of the employees are fluent. The department shall provide translations in the five most common languages spoken in New Jersey apart from English. A written offer may be sent via electronic mail. e. A successor employer may retain less than all of the affected service employees during the 60-day transition period only if the successor employer: (1) finds that fewer service employees are required to perform the work than the predecessor employer had employed; (2) retains service employees by seniority within each job classification; (3) maintains a preferential hiring list of those employees not retained; and (4) hires any additional service employees from the list, in order of seniority, until all affected service employees have been offered employment. f. Except as provided in subsection e. of this section, a successor employer shall not discharge a service employee retained pursuant to this section without just cause during the 60-daytransition period. g. The provisions of this section shall not apply if any successor employer, on or before the termination of the service contract, agrees to assume, and to be bound by, the collective bargaining agreement of the awarding authority or contractor, provided that the collective bargaining agreement provides terms and conditions for the discharge or laying off of employees. h. Any agreement that restricts or hinders the ability of a successor employer to fulfill its obligations pursuant to this section is hereby declared to be contrary to public policy and void. L.2023, c.128, s.2.

N.J. Stat. § 34:21-18 Discharged service employee, bring action in court, successor employer, awarding authority, violations,

3. a. A service employee who has been discharged or otherwise not retained in violation of P.L.2023, c.128 (C.34:21-16 et seq.) may bring an action in a court of competent jurisdiction against a successor employer for any violation of section 2 of P.L.2023, c.128 (C.34:21-17), and against an awarding authority for any violation of subsection a. of section 2 of P.L.2023, c.128 (C.34:21-17). b. The court may impose, for a first violation of P.L.2023, c.128 (C.34:21-16 et seq.), a fine not exceeding $2,500, and, for a second and each subsequent violation, a fine not exceeding $5,000. Each week, in any day of which a violation occurs, shall constitute a separate offense. (1) The court may award the employee reasonable attorney's fees and costs. (2) The court may require the violator to pay restitution to an employee deprived of wages or benefits due to the violation of P.L.2023, c.128 (C.34:21-16 et seq.). (3) The court may require the violator to pay consequential damages arising due to the violation of P.L.2023, c.128 (C.34:21-16 et seq.). (4) The court may issue injunctive relief requiring a successor employer to employ employees in compliance with P.L.2023, c.128 (C.34:21-16 et seq.) and for the provision of any information required pursuant to section 2 of P.L.2023, c.128 (C.34:21-17). L.2023, c.128, s.3.

N.J. Stat. § 34:21-19 Offer of employment, form.

4. The offer of employment required to be provided to an incumbent worker by of section 2 of P.L.2023, c.128 (C.34:21-17) shall be substantially in the form below: DATE: TO: (name of employee) IMPORTANT INFORMATION REGARDING YOUR EMPLOYMENT We have received information that you are employed by (name of predecessor contractor or employer) and are currently performing work at (address of worksite). (name of predecessor contractor) has lost its contract with the owners of (address of worksite) and will no longer be providing (type of service or employment) as of (last day of predecessor contract). We are (name of successor contractor) and have been hired by the owners of (address of worksite) to provide the same (or janitorial, building maintenance) service. We are offering you a job with us for a 60-day probationary period starting (first day of successor contract) to perform the same type of work that you have already been doing for (name of predecessor contractor) under the following terms: Pay rate (per hour): $ Hours per shift: Total Hours Per Week: __ Benefits: You must respond to this offer within the next ten (10) days. If you want to continue working at (address of worksite), you must let us know by (mm/dd/yyyy - no later than five days prior to the expiration of the predecessor contract or 10 days after the date of this letter if the predecessor contract has already expired). If we do not receive your response by the end of business that day, we will not hire you and you will lose your job. We can be reached at (successor contractor phone number). The Service Worker Retention Law, of the Laws of New Jersey gives you the following rights: 1. You have the right, with certain exceptions, to be hired by our company for the first ninety days that we begin to provide services at (address of worksite). 2. During this 60-day period, you cannot be fired without just cause. 3. If you believe that you have been fired or laid off in violation of the Service Worker Retention Law, you have the right to institute legal action, and if successful may be awarded back pay, reinstatement, liquidated damages, attorney's fees and court costs. FROM: (Name of successor contractor) (Name of authorized representative) (Address of successor contractor) (Telephone # of successor contractor) L.2023, c.128, s.4.

N.J. Stat. § 34:21-20 Supersede, preempt, rules, regulations, codes, ordinances, worker retention, service employees.

5. P.L.2023, c.128 (C.34:21-16 et seq.) shall supersede and preempt all rules, regulations, codes, or ordinances of any county or municipality with regard to worker retention for service employees, but shall not preempt any county or municipality from regulating worker retention for non-service employees. L.2023, c.128, s.5.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026

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