New Jersey § 34:21-2

§ 34:21-2.

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.