New Unemployment Reporting Requirements for New Jersey Employers effective July 31, 2023

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UPDATE (November 2023): The NJDOL has proposed regulations implementing the new employer reporting requirement.  Interested parties can submit comments through 1/19/24.  Read here.

UPDATE (July 24, 2023) NJDOL reports they are still developing this new infrastructure and will provide more information when the new reporting feature becomes available.  Access new FAQs about the changes and guidance on Employer Access here.

New Jersey employers face additional unemployment insurance reporting obligations, and increased penalties, under new amendments to the Unemployment Compensation law.

Beginning July 31, 2023:

  • Employers must provide separated employees and the NJ Department of Labor and Workforce Development (LWD) a new form (to be published by LWD with instructions for submission) that will include information sufficient to enable LWD to make a benefit determination.  Employers will be expected to submit separation information when an employee separates for any reason, regardless of whether a claim for benefits is filed by the separated employee.
  • Existing law requires employers provide every separated employee with Form BC-10.  Under the amendments, employers will be required to “immediately and simultaneously” send a copy, by electronic means, of the same Form BC-10 to LWD.

Employers that willfully fail or refuse to furnish reports and information will be liable for a $500 fine, or 25% of the amount fraudulently withheld, whichever is greater.  EANJ will follow up with a notification when the new form and instructions on electronic submission are available from LWD.