Since filing our lawsuit, ERIC has secured several key victories in our legal challenge of the amended New Jersey WARN Act. First, the U.S. District Court for the District of New Jersey denied the state’s motion to dismiss ERIC’s suit, addressing and rejecting the state’s procedural arguments. Because of this ruling, ERIC’s case was allowed to progress, including our motion for summary judgment filed in June of this year.
Second, ERIC was able to secure confirmation that the effective date of the amended New Jersey WARN Act has yet to be established, and employers are still not required to comply. Legislation was passed in 2020 that delayed the Act’s effective date until 90 days after the end of Executive Order 103, which was lifted earlier this year. After negotiations led by ERIC’s legal team, the Commissioner of the New Jersey Department of Labor and Workforce Development confirmed that the general state of emergency remained in effect and that the effective date countdown had not started, providing critical clarity to employers in the state.
