Adam Gersh was quoted extensively in a Law360 article discussing the recently signed spate of employee-friendly bills signed into law by New Jersey Governor Phil Murphy, including one statute that stiffens penalties on employers for misclassifying workers and another that requires businesses to pay severance to workers impacted by mass layoffs.
Gersh said "the laws are indicative of New Jersey's continued movement to join states like California and New York that have traditionally been seen as havens for workers when it comes to employment laws." He went on to say that "New Jersey continues to push forward as being one of the most employee-friendly states. New York has taken some big steps to change employment law to be friendlier to employees, and I think that New Jersey is doing the same — I suppose in part with confidence that New Jersey is appealing enough for certain kinds of employers that they won't move out of state. I guess only time will tell what will happen."
In regards to severance packages ofr mass layoffs, Gersh said he has "some concerns that it will influence employers over the cost of operating in New Jersey. I recognize that the state [WARN Act] is helpful to employees in the event of a mass layoff. However, I believe that this particular [law] … is really more expansive than what we've seen in the past."
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