NJ Labor Head Must Face Suit Over Mass Layoff Law Changes

Law360 (May 21, 2021, 3:21 PM EDT) -- A New Jersey federal judge has said the state labor commissioner can't escape an Employee Retirement Income Security Act industry group's suit over expanded worker protections under the state's mass layoff law, rejecting the official's argument that he could not be sued because he lacks enforcement authority under the statute.

U.S. District Judge Brian R. Martinotti on Thursday shot down Commissioner Robert Asaro-Angelo's bid to dismiss the action from the ERISA Industry Committee, finding that his enforcement powers and related responsibilities with respect to the state law permitted the suit under the so-called Ex parte Young doctrine.

Asaro-Angelo, "by his authority...

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