For nearly two decades New Jersey employers had to comply with the notice requirements of the Federal Worker Adjustment and Retraining Notification Act (WARN), 21 U.S.C. 2100 et seq.,  as well as New Jersey’s similar counterpart, Millville Dallas Airmotive Plant Job Loss Notification Act (NJ WARN Act), N.J.S.A. 34:21-2. While not identical, both statutes require New Jersey employers with 100 or more employees to provide 60 days’ written advance notice to those employees affected by a “mass layoff” or “plant closing” or a “termination of operations” or “transfer of operations” as those are defined under the respective statutes. Both laws require similar notifications to designated state and local officials. A failure to provide the required 60 days’ advance notice could result in liability for wages and benefits for the period for which the notice was not provided to the affected employee.

As a result of the Toys ‘R’ Us bankruptcy filing in 2017, more than 30,000 workers were laid off nationally, and approximately 2,000 in New Jersey. Initially, these employees were not provided with any severance benefits but an ensuing battle ultimately resulted in the establishment of an assistance fund to provide some monetary relief to affected employees. Critics claimed that these benefits fell far short of what these workers should have been paid.

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