We previously reported on the 2023 amendments to New Jersey’s Unemployment Compensation Law (see HERE). While the amendments caused some confusion and employers were, essentially, on pause to submit employee separation information, we want to alert employers that the state’s portal is now up and running to receive employee separation information.
Please note that the information the state is requesting is quite extensive, and employers who previously used the old Employer Response Portal to respond to unemployment claims will need to set up a newportal to move forward. We encourage employers with employees in New Jersey to review this quick summary of the requirements and a step-by-step guide to comply with the law.
What are the Requirements?
Electronic Submission: Employee separation information, for all departing employees, must be submitted electronically through the NJ Department of Labor & Workforce Development’s Division of Unemployment Insurance (Division) Employer Response Portal.
Time to Submit: The information must be submitted within 7 days of a worker’s separation. Employers should not wait for the employee to file an insurance claim before reporting the separation. This information is required even if the employee indicates they do not plan to file an insurance claim.
Types of Separation Covered: The submission requirement covers all employee separations, including layoffs, terminations, resignations, or retirements.
BC-10 Forms: Employers must continue to provide departing employees with a BC-10 form, regardless of the reason for departure. Employers are not required to provide a copy to the Division—rather, they must submit the information through the portal as required.
Type of Information to Submit: The state is requiring extensive employee information, including, but not limited to, employee separation date and the last day worked, reason for separation, wage and scheduling information, employer and supervisor contact information, supporting documentation, where applicable (e.g., for terminations, whether there is an applicable policy that was violated).
FAQs for Employers: Updated FAQs from the state can be reviewed HERE.
What Should I Do Now?
Employers that have not yet done so should take the following steps toward compliance:
- Create an account with Employer Access if you do not have one already established.
- After creating an account, log in to the Employer Response Portal using the same credentials used for the Employer Access account.
- After logging in, employers will automatically receive email communications about unemployment claims filed and will be able to provide separation information to comply with the requirements.
- For employers using a Third-Party Administrator for payroll matters, the Division advises employers to register for Employer Access first and then grant access rights to the Third-Party Administrator.
- For each employee separation, report it through the portal and answer the required questions.
- Continue issuing BC-10 forms to employees upon separation.
- Keep records of the BC-10 form issued to employees and proof of the portal submission.
- Stay tuned for additional guidance from the Division which its FAQs state are forthcoming.
If you have any questions relating to the Division’s reporting requirements or would like assistance reviewing your separation processes, please feel free to reach out to the NFC Attorney with whom you typically work or call us at 973.665.9100.