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Westlaw News

New Jersey WARN Act changes violate ERISA - biz group

A business-backed group filed a lawsuit on Thursday claiming New Jersey’s new law requiring employers to give workers more advanced notice before laying them off violates the federal law governing employee benefits.

The ERISA Industry Committee (ERIC) in a complaint in Trenton federal court said the state law is invalid under the federal Employee Retirement Income Security Act of 1974, which preempts state laws that “relate to any employee benefit plan,” because it requires employers to create a tracking system for layoffs.

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