New Jersey § 34:21-17

§ 34:21-17.

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-day transition 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.