Changes to NJ Unemployment Law – New Employer Obligations

The state of New Jersey has recently passed a new law (P.L. 2022, Chapter 120) that requires all employers to report certain information to the New Jersey Department of Labor and Workforce Development (NJDOL) when an employee is separated from their job. The new reporting obligations include submitting specific information, through electronic means, about the employee’s separation that is “sufficient to enable the NJDOL to make a benefit determination.” Employers must also immediately send a copy of the NJDOL’s Form BC-10 to the NJDOL, which was previously only given to separated employees.

The law also makes adjustments to several deadlines related to the unemployment process, such as the timeframe for obtaining missing separation information and making initial benefits determinations. The role of separation information in the overall benefits determination process has been increased, and NJDOL deputies must consider it when examining a benefits claim.

Employers who fail to provide the separation information within seven days of receiving the electronic notice or request will have a deputy decide the claim based on any available evidence. Employers can provide separation information late, and the NJDOL can alter the determination and order payments for workweeks after the separation information was received.

The law also makes changes to the appeal process for initial benefits determinations, with claimants now having 21 days to appeal and employers only having seven days to appeal after confirmed receipt by any means, including by email. The law likely forbids untimely appeals of initial benefits determinations altogether. Late appeals will not be excused through showing good cause why the appeal was not timely filed.

Overall, this new law will have significant implications for employers in New Jersey, who will need to adjust their processes and procedures to comply with the new reporting requirements and deadlines. It is important for employers to understand the changes and how they may impact their operations.

Dunn Corporate Resources’ Unemployment Cost Control Services will help employers mitigate any risks associated with this new legislation while helping employers to streamline the unemployment process and reduce the unemployment expense. Contact us today to discuss how we can help!