STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblyman TROY SINGLETON
District 7 (Burlington)
Provides for expedited injunction for violations of law requiring prenotification of certain plant closings, transfers and mass layoffs.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning injunctive relief with respect to prenotification of certain plant closings, transfers and mass layoffs and supplementing P.L.2007, c.212 (C.34:21-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Commissioner of Labor and Workforce Development is hereby authorized to apply for and the court to grant in an appropriate case, a temporary or permanent injunction restraining any employer from violating or continuing to violate any of the provisions of P.L.2007, c.212 (C.34:21-1 et seq.) or any rule or regulation promulgated thereunder, notwithstanding the existence of any other remedies at law. The court shall issue the injunction without requirement of a bond.
b. Any injunction issued under subsection a. of this section shall be subject to expedited judicial review.
2. This act shall take effect immediately.
This bill provides that the Department of Labor and Workforce Development may request the court to grant an injunction against any employer that violates any provisions of P.L.2007, c.212 (C.34:21-1 et seq.), the “Millville Dallas Airmotive Plant Job Loss Notification Act.” It further provides that these injunctions are to be subject to expedited judicial review.
The “Millville Dallas Airmotive Plant Job Loss Notification Act” requires prenotification, of not less than 60 days, for certain anticipated plant closings and mass layoffs in order to provide the time needed to avoid closings of viable plants, and, if a closing is unavoidable, to help workers to effectively utilize the services needed to make a timely transition to new employment or occupations.
Under the act, if the required prenotification is not given, the employer must provide each terminated full-time employee severance pay at a rate of one week of pay for each full year of employment, based on the average rate of compensation during the employee's last three years of employment or the final rate of compensation, whichever rate is higher.
The act also establishes a response team in the Department of Labor and Workforce Development to provide counseling, referral and other appropriate services, as rapidly as possible, to workers who are subject to plant closings or mass layoffs covered by the act. The act requires an employer to provide the response team with access to employees so that the team may carry out its responsibilities under the act.
This bill is in response to the sudden closing of the Jevic Transportation Company, located in Delanco Township, Burlington County, that resulted in the unexpected loss of approximately 1,000 jobs.