The ERISA Industry Committee Refiles Motion for Summary Judgment in NJ WARN Act Lawsuit

Washington, D.C., March 14, 2023 – The ERISA Industry Committee (ERIC) today refiled a motion for summary judgment in its ongoing lawsuitThe ERISA Industry Committee v. Robert Asaro-Angelo, the Commissioner of the New Jersey Department of Labor and Workforce Development. This filing follows the completion of an expedited discovery process ordered by the Court, regarding ERIC’s standing to file the suit.
Nearly three years ago, ERIC challenged amendments to the New Jersey WARN Act that would impose a series of requirements forcing employers in every industry to create ongoing administrative systems affecting severance benefits.  Because these requirements violate the federal Employee Retirement Income Security Act (ERISA), ERIC filed suit to prevent overreach by the State and invalidate the amended law. 
“Today’s filing further details how ERIC and its member companies have been harmed by the amendments and explains why ERISA preempts these changes to the state law,” said Andy Banducci, ERIC Senior Vice President, Retirement and Compensation Policy.  “The amended New Jersey WARN Act takes effect on April 10, 2023, but we remain confident in the merits of our legal challenge and hope to receive a favorable ruling by the Court in the coming weeks.” 


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About The ERISA Industry Committee
ERIC is a national advocacy organization that exclusively represents large employers that provide health, retirement, paid leave, and other benefits to their nationwide workforces. With member companies that are leaders in every sector of the economy, ERIC advocates on the federal, state, and local levels for policies that promote flexibility and uniformity in the administration of their employee benefit plans.