Governor Phil Murphy signed several substantial amendments into law that impact employer compliance with the New Jersey Unemployment Compensation law. This article emphasizes the significant amendments that will take effect beginning on July 31, 2023.
Existing New Jersey law requires employers to provide separated employees with Form BC-10 immediately upon the separation from employment, but starting July 31, when providing the BC-10 form, employers will also be required to send electronically “immediately and simultaneously” (1) the benefit determination information and (2) a copy of Form BC-10 to the Department of Labor and Workforce Development. (“DLWD”). This new benefit determination form contains directions for employers that enumerate what information is required for an employer to provide to the DLWD, while the BC-10 form is still required to be sent to the DLWD.
The second amendment deals with the deadlines of the forms which are effective on July 31, 2023.
- DLWD Notification to Employer – There is currently no existing deadline. The new deadline will be within 7 days of first occurrence of (1) file of claim, or (2) the employer providing benefit determination information.
- Deadline for Employer Response to DLWD Request for Information – The current deadline is 10 days. The new deadline will be 7 days.
- Initial Benefit Determination – The current deadline is 2 weeks. The new deadline will be 3 weeks.
- Appeals of Initial Benefit Determination – The current deadline is 7 or 10 days for claimants and 7 days after delivery for employers. The new deadline for the claimant will be 21 days of mailing and 7 days after confirmed receipt (including by electronic means. i.e., email) for employers.
- Appeals of Subsequent Benefits Determination – The current deadline is not available. The new deadline for claimants will be 7 days.
Lastly, the amendments pose stricter fines on employers if they fail to provide separation information to the New Jersey DLWD. Under the new amendments, employers who “willfully fail or refuse to furnish any reports or information” can be liable for $500 fines or 25% of the amount fraudulently withheld, whichever is greater. Our New Jersey clients should note these upcoming changes and reach out to us for any questions on the updated obligations.