If a company has 100 or more employees, and

50 or more employees lose their jobs in a 30-day period,

At or reporting to a New Jersey location,

Why New Jersey Stands Out&nbsp;— The WARN Act

More notice — Employers in New Jersey have to give 90 days’ written notice before a mass layoff.

Mandatory severance — Unlike federal law, New Jersey requires employers to pay severance to affected employees.

Broader coverage — Remote and part-time employees can count toward the threshold, making it harder for companies to sidestep the law and use <a href="/blog/unfair-severance-negotiation-tactics-nj-employers-may-use">unfair severance negotiation tactics</a>.

Layoff Notice Requirements: 90 Days Instead of 60

The <a href="https://www.nj.gov/labor/aboutlwd/ourmission.shtml#:~:text=Rob%20Asaro%2DAngelo,in%20January%202018.">New Jersey Commissioner of Labor</a>

The mayor or chief official of the local municipality

One week of pay for every full year worked at the company.

Pay is based on whichever is higher — your average over the past three years or your final rate of pay.

If your employer failed to give the 90-day notice, you get an extra four weeks’ pay on top of that.

If your union contract or company policy promises more, you’re entitled to the higher amount.

What Employees Should Look For in a Severance Agreement

Is the math right? Double-check how many years you’ve worked and whether they calculated severance using the right pay rate.

Did you really get 90 days’ notice? If not, you should see an extra four weeks’ pay in there.

Are you giving up more than you realize? Many severance agreements come with a release of claims. That means you could be signing away your right to sue for discrimination or retaliation.

Are the confidentiality terms legal? In New Jersey, even if you <a href="/blog/non-disparagement-clauses-should-nj-employees-agree">agree to non-disparagement clauses</a>, those provisions cannot be used to stop you from speaking out about discrimination, retaliation, or harassment you may have experienced.

Older workers: If you’re 40 or older, federal law (<a href="https://www.eeoc.gov/history/older-workers-benefit-protection-act-1990#:~:text=the%20individual%20is%20given%20a%20period%20of%20at%20least%2021%20days%20within%20which%20to%20consider%20the%20agreement">the OWBPA</a>) requires special disclosures, longer review periods, and the right to revoke after signing.

What To Do If You’re Facing a Mass Layoff in New Jersey

Save copies of your notice, emails, and any communications from HR.

Keep your pay stubs and records of your years of service. These will help if there’s a dispute about severance amounts.

The right to report unlawful discrimination or harassment

The right to file a complaint with the <a href="https://www.eeoc.gov/">EEOC</a> or the <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">New Jersey Division on Civil Rights</a>

The right to take part in government investigations

You’re being asked to sign away legal claims

You’re 40 or older and entitled to federal protections

The <a href="/blog/understanding-non-compete-clauses-in-nj-severance-agreements">agreement includes non-compete clauses</a> or other restrictive terms

You suspect the agreement contains unlawful provisions

Why Severance Agreements Matter in Layoffs

Protecting Yourself Legally During a NJ Mass Layoff

Legal Guidance on Severance Agreements During Mass Layoffs in NJ

What is the NJDPA — and why does it matter?

The NJDPA (officially <a href="https://pub.njleg.state.nj.us/Bills/2022/PL23/266_.PDF">N.J. Stat. § 56:8‑166.4 et seq</a>.) was signed into law in early 2024 and takes effect on January 15, 2025

It sets clear consumer rights in NJ around personal data and lays out obligations for controllers and processors — the entities that collect or handle that data.

Enforcement lies solely with the <a href="https://www.njoag.gov/about/meet-attorney-general-platkin/">New Jersey Attorney General</a>, specifically the <a href="https://www.njconsumeraffairs.gov/">Division of Consumer Affairs</a>, meaning there's no private right of action for individuals.

Businesses that process data from <a href="https://www.cyber.nj.gov/guidance-and-best-practices/identity-theft-privacy/data-privacy/nj-data-privacy-prevention-act">100,000 or more New Jersey residents</a> in a year

Or, businesses that process data from 25,000 or more residents and make money by selling personal data

Financial institutions regulated under other federal laws

Access — You can ask a company if they’re collecting your data, and they have to tell you.

Correction — If the information is wrong, you can get it fixed.

Deletion — You can ask for your data to be deleted.

Portability — You can request a copy of your data in a usable format.

Opt-Out — You can say no to things like targeted advertising, selling your data, or profiling.

Biometric data (like facial scans or fingerprints)

Be transparent — You’ll need to publish a clear privacy notice explaining what data you collect, why, who you share it with, and how people can exercise their rights.

Use less data — Collect only what you need and use it only for stated purposes.

Keep it safe — Strong security measures are required.

Assess risks — Before doing high-risk things like targeted advertising or selling sensitive data, companies must perform a Data Protection Assessment.

Honor <a href="https://documents.ncsl.org/wwwncsl/Task-Forces/Cybersecurity-Privacy/1-11_12-2024-Meeting-Las-Vegas-NV/FPF-Universal-Opt-Out_Mechanisms.pdf">universal opt-outs</a> — Starting July 2025, companies must recognize tools like the <a href="https://globalprivacycontrol.org/">Global Privacy Control</a> browser signal, which lets people opt out of data sales with one setting.

The AG’s office enforces this law: individuals cannot sue directly.

Prior to action, the AG must send a notice with 30 days to cure, where a cure is possible. This amenity expires 18 months after effectiveness, i.e., after July 15, 2026.

Violations constitute <a href="https://www.njconsumeraffairs.gov/statutes/consumer-fraud-act.pdf">Consumer Fraud Act violations</a>.

The Division of Consumer Affairs has rulemaking authority — allowing detailed guidance on technical and enforcement matters.

Gig Workers and Data Privacy: Real-Life Example

She could ask the company for a copy of the data it has on her, including her full performance history.

If something is inaccurate — say, a mistaken customer review tied to her account — she could request a correction.

She could even opt out of certain profiling if the company uses algorithms to rank drivers or assign shifts.

Broad definitions and scope — including financial account details as sensitive data; doesn’t exempt nonprofits or higher ed.

Opt-in rather than opt-out for sensitive and youth data — stronger protections than some states.

UOOM requirement — aligning with privacy trend for easier consumer control.

Exclusive public enforcement with a cure window — businesses get a window to fix issues before enforcement.

Law effective date: January 15, 2025.

Cure window kicks in: Now open, ends July 15, 2026.

Universal opt-out compliance: Required by July 15, 2025.

Data Protection Assessments and disclosures: Start immediately upon law effective.

What You Should Do Now As a Worker or Employer

Start paying attention to privacy notices — they’re going to matter more.

Learn how to use universal opt-out tools like Global Privacy Control.

Don’t be afraid to exercise your rights when the law takes effect.

Do a data inventory — figure out what you’re collecting, why, and from whom.

Update your privacy policies and notices.

Review contracts with vendors to make sure they comply.

Put systems in place to respond quickly to consumer requests.

Train staff — especially HR, IT, and customer service.

Workplace Monitoring and the NJDPA: What Employees Should Know

Employers still have legal obligations — Even if the NJDPA does not fully cover employee data, other New Jersey employment laws and privacy rules may restrict how much monitoring is allowed in the workplace.

Job applicants may qualify as “consumers” — If you apply for a job online and submit personal details, those details could fall under the NJDPA’s protections. That means applicants may have rights to access, correct, or request deletion of their information.

Transparency is essential — Forward-thinking employers will update employee handbooks and privacy policies to explain exactly what data they collect, why they collect it, and how it is used. This is both a compliance step and a trust-building measure.

Overlap creates risk — Some companies use the same systems to collect both consumer data and employee data. Without clear separation, businesses could face compliance problems under the NJDPA.

New Jersey Data Privacy Act: Everything You Need to Know

Independent Contractor vs. Employee in NJ — What’s the Difference?

Freedom from control — The worker must be free from the control or direction of the business, both in practice and in the contract.

Work outside the usual course of business — The work performed must be outside the usual course of the employer’s business, or performed outside the employer’s regular place of business.

Independently established business — The worker must be engaged in an independently established trade, occupation, or business.

Nurses, technicians, and aides often perform work central to the healthcare facility’s mission.

Doctors and specialists may still be considered employees if they are integrated into daily operations.

Billing clerks, coders, or even telehealth workers may fall under “employees” if they don’t have independent businesses of their own.

Why Healthcare Employers Are at Higher Risk

Regulated industry — Patient care and billing practices are tightly controlled by both state and federal law. Missteps get noticed quickly.

High volume of contractors — Temporary nurses, locum tenens doctors, home health aides, and medical coders are frequently classified as contractors.

Control and oversight — In practice, healthcare facilities often exert significant control over when and how these workers perform their duties.

Central to business operations — Almost all of these roles are directly tied to the core mission of healthcare delivery.

Risks of Misclassification for Healthcare Employers

4. Wrongful Termination and Discrimination Claims

A private practice hires nurses as “contractors” but requires them to work fixed shifts, wear uniforms, and follow practice protocols. Because they are under the employer’s control and central to operations, they’re likely employees under the ABC Test.

A hospital contracts with a medical coder who only works for them, at their office, and under strict direction. Even though the hospital labels them as a contractor, the law may disagree.

A home healthcare agency classifies aides as independent contractors but dictates their client visits, schedules, and reporting. Courts in New Jersey have repeatedly found these workers to be employees.

How NJ is Cracking Down on Misclassification

Increased audits — The Department of Labor actively investigates industries with high misclassification rates, including healthcare.

Hefty penalties — Employers can face civil penalties, fines, and stop-work orders.

Joint liability — Staffing agencies and healthcare facilities can both be held responsible if workers are misclassified.

New reporting rules — Employers are now required to post notices informing workers of their rights regarding classification.

Preventing Misclassification in Healthcare Settings

Conduct regular audits — Review all contracts and roles to see if they meet the ABC Test.

Avoid excessive control — The more control you exercise over scheduling, work methods, or job duties, the less likely the worker is truly independent.

Use true independent businesses — Contractors should have their own LLCs, clients, or professional practices.

Stay updated on state law — New Jersey frequently updates enforcement practices, especially in sensitive industries like healthcare.

Get legal guidance — A healthcare labor lawyer can identify risks before the state does.

What to Do If You’re Facing Misclassification Issues

Review your current contracts and roles. Make sure they truly align with the ABC Test.

Evaluate your level of control. If you dictate schedules, procedures, or integrate contractors into daily operations, they may be employees.

Correct misclassifications early. It’s better to fix mistakes now than to face penalties later.

Consult with a labor attorney. A healthcare employment lawyer in New Jersey can walk you through the risks, help you restructure contracts, and represent you if regulators get involved.

Talk to a Lawyer About Misclassification in NJ Healthcare

Employer Risks for Independent Contractor Misclassification in NJ Healthcare

Understanding Overtime Under New Jersey and Federal Law

Overtime pay is required for non-exempt employees who work more than 40 hours in a workweek.

The rate must be at least 1.5 times the employee’s regular rate of pay.

Exempt employees (for example, many salaried executives, administrative workers, and professionals) are not legally entitled to overtime.

Unpaid overtime — when an employee works over 40 hours but does not receive the correct overtime rate.

Unequal access to overtime — when some workers are given fewer chances to work overtime compared to others.

What Does Unequal Access to Overtime Look Like?

Favoritism: Managers give overtime shifts only to workers they personally like.

Discrimination: Female employees, workers of color, older employees, or those with disabilities are passed over while others are consistently offered overtime.

Retaliation: An employee who filed a complaint or raised concerns about workplace issues suddenly stops getting overtime opportunities.

Unclear criteria: No set policy for how overtime is assigned, leading to inconsistent practices.

Examples of Unequal Overtime Distribution

A supervisor consistently offers overtime to male employees but rarely to female employees.

Younger workers are given more overtime shifts while older workers are left out.

Employees who complained about discrimination or safety issues suddenly stop being scheduled for overtime.

Managers give overtime opportunities to close friends or relatives, leaving others with fewer chances.

2. New Jersey Law Against Discrimination (NJLAD)

What to Do if You Suspect Unequal Overtime Access

Gather the Evidence: Document who is being offered overtime, when, and under what circumstances. Include dates, names, and any explanations given. This evidence can be crucial.

Review Company Policy: Some employers have written overtime distribution policies. Check whether your employer is following its own rules.

Talk to HR or Your Supervisor: Sometimes, raising the issue internally can resolve the problem. Ask why you’re not being considered for overtime and request fair access moving forward.

Check Your Union Contract (if applicable): If you’re in a union, your CBA may include protections or a grievance process for overtime distribution.

File a Complaint: If discrimination or retaliation is suspected, you may file a complaint with:

Consult with an Employment Lawyer: Unequal overtime access tied to discrimination or retaliation is a serious legal matter. An equal pay act attorney in New Jersey can help you assess your situation, file claims, and protect your rights.

Use clear, neutral policies — such as rotating overtime assignments or offering it on a first-come, first-served basis.

Avoid favoritism. Personal preferences or relationships should not dictate who gets overtime.

Train supervisors. Many claims arise from biased or careless scheduling decisions.

Keep records. Documentation showing how overtime is assigned can protect against claims.

Why Equal Access to Overtime Matters in NJ Workplaces

From Extra Hours to Equal Rights: Legal Guidance for Unequal Access

Addressing Unequal Access to Overtime Opportunities in NJ

Up to 12 weeks of unpaid, job-protected leave in a 12-month period.

Health insurance must be maintained as if the employee were actively working.

Work for a covered employer (generally companies with 50 or more employees within 75 miles, covering <a href="/blog/fmla-and-remote-employees">FMLA for remote workers</a> as well as those who work in the office).

Have worked at least 1,250 hours in the past 12 months.

FMLA Leave Extension: When 12 Weeks Are Not Enough

An employee recovering from surgery develops complications requiring a longer recovery.

Treatment for cancer or other chronic illnesses extends beyond three months.

A pregnancy-related condition results in extended bed rest or postpartum complications.

Employers may voluntarily agree to extend unpaid leave. Some workplaces have internal policies that provide additional weeks, but that is not guaranteed.

Other laws may apply that give you additional rights. This is particularly important in New Jersey, which has several overlapping protections.

2. New Jersey Temporary Disability Benefits

3. New Jersey Family Leave Insurance (FLI)

Reasonable Accommodations and Extended Leave

Real-World Example of Extended FMLA Leave

Case 1: A teacher recovering from major surgery.She uses up 12 weeks of FMLA leave but still needs three more weeks before her doctor clears her to return. Under NJLAD, the school must consider granting those additional weeks unless it would cause significant hardship.

Case 2: An employee caring for a spouse with cancer.After 12 weeks of FMLA leave, he may also qualify for NJFLA leave, giving him up to 24 weeks of job-protected leave within a two-year span.

Case 3: A worker experiencing postpartum complications.After using FMLA for childbirth recovery, they may be eligible for NJ temporary disability benefits while continuing their recovery, even if FMLA job protection has expired.

Automatically terminate an employee at the end of FMLA leave without considering state-law protections.

Retaliate against an employee for requesting more time off.

Deny your leave request outright if you followed the correct <a href="/blog/fmla-notice-requirements-for-nj-employees-and-employers">FMLA notice requirements</a>.

Require medical documentation supporting the need for additional leave.

Deny accommodations that impose significant operational or financial burdens.

What to Do If You Need FMLA Leave Extension

Communicate early with your employer. Let them know if your doctor anticipates a longer recovery.

Get medical documentation. Written recommendations from healthcare providers carry weight.

Ask about other leave options. This could include NJFLA (if applicable), accrued paid time off, or company-specific policies.

Request an accommodation under NJLAD. This should be framed as a reasonable accommodation for a disability.

Consult a lawyer. Talking with an experienced FMLA lawyer in NJ can help clarify your rights.

FMLA (federal protections against retaliation).

NJLAD (state protections against disability discrimination).

Review your eligibility for different leave laws.

Assess whether your employer’s actions violate federal or state law.

Help you request accommodations effectively.

File claims with agencies like the <a href="https://www.eeoc.gov/">EEOC</a> or <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">NJ Division on Civil Rights</a> if necessary.

Have Questions about FMLA Leave Extensions? Let’s talk.

Navigating FMLA Leave Extensions: Legal Guidance for NJ Workers

Unwanted communication — constant emails, texts, or phone calls after you’ve asked them to stop.

Following or monitoring — showing up in your workspace without reason, following you to and from work, or keeping track of your movements.

Invasion of privacy — going through your desk, locker, or personal belongings.

Harassment disguised as “interest” — repeatedly asking you out, giving inappropriate gifts, or trying to intrude into your personal life.

Online stalking — monitoring your social media, sending harassing messages, or posting about you online.

A coworker repeatedly showing up at your workstation, break room, or outside your office despite being asked to stop.

An employee or supervisor monitoring your schedule, movements, or personal life.

Unwanted gifts, notes, or messages sent at work.

Persistent emails, texts, or calls outside of working hours, sometimes referred to as <a href="/blog/responding-legally-to-cyberbullying-at-work-in-nj">cyberbullying at work</a>, can cross the line from workplace harassment into stalking behavior.

Following you to and from the workplace parking lot or public transit stop.

Emotional distress: Anxiety, loss of sleep, and constant fear of being watched.

Career impact: Difficulty focusing, missing work, or even quitting a job to escape the stalker.

Physical danger: Stalking can lead to violence in some cases.

Workplace disruption: Other employees may feel uncomfortable, creating a toxic work environment.

1. New Jersey Stalking Law (Criminal Protections)

Seek a <a href="https://www.njcourts.gov/glossary/temporary-restraining-order-tro">Temporary Restraining Order (TRO)</a> or <a href="https://www.njcourts.gov/glossary/final-restraining-order-fro">Final Restraining Order (FRO)</a> in certain cases.

A female employee being stalked by a male coworker who makes romantic advances could be considered sexual harassment under NJLAD.

Employment Law Insights & Resources

Recent Posts

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New Jersey Data Privacy Act: Everything You Need to Know

Employer Risks for Independent Contractor Misclassification in NJ Healthcare

Addressing Unequal Access to Overtime Opportunities in NJ

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Legal Rights When Experiencing Workplace Stalking in NJ

Understanding the NJ Prevailing Wage Law: Employee Rights Explained

Pay Equity Audits in NJ: Can Employers Avoid Gender Discrimination Claims?

Implicit Bias Training in NJ: Does It Protect Employers from Discrimination Claims?

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