Legal Updates

The New Jersey Department of Labor (“NJDOL”) has announced that its portal is now active to receive employee separation information. This change follows amendments to the New Jersey Unemployment Compensation Law (“UCL”), effective July 31, 2023, which we discussed in our prior alert. 

How Must Employee Separation Information Be Submitted?

Employee separation information, for all departing employees, must be submitted electronically through the Employer Response Portal (“Portal”). The submission requirement covers all employee separations, including layoffs, terminations, resignations, or retirements. 

When Must the Information Be Submitted Through the Portal?

The information must be submitted within seven days of an employee’s separation whether or not the employee intends to file a claim for unemployment benefits.

Are BC-10 Forms Still Required?

Employers must continue to provide departing employees with a completed BC-10 form, regardless of the reason for departure. Employers are not required to provide a copy to the NJDOL directly. Rather, the employer must submit the requested information through the Portal.

What Information Must Be Submitted Through the NJDOL Portal?

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) must be submitted.

Where Can Additional Information on the NJDOL Portal Be Found?

The NJDOL has posted FAQs that can be viewed HERE. 

What Next Steps Should Employer Take?

• Create an account with Employer Access if the business does 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.
• Employers will then receive an email communication from the NJDOL about unemployment claims filed and will be able to input separation information.
• If the company uses a Third-Party Administrator for payroll matters, the NJDOL advises employers to register for Employer Access and then grant access rights to the Third-Party Administrator.
• At the time of each employee separation, report it through the portal and input the requested information. 
• Provide the departing employee with a completed BC-10 Form.
• Print and retain a copy of the BC-10 Form issued to the employee and proof of the portal submission as to that employee.