Although the law took effect in 2023, the NJDOL delayed implementation and enforcement of compliance while the agency built the electronic reporting system.
As we reported in our previous Alert, several amendments to the New Jersey Unemployment Compensation Law took effect on July 31, 2023, including new obligations requiring employers to electronically report employee separation information to the New Jersey Department of Labor and Workforce Development (NJDOL), Division of Unemployment Insurance. Although the law took effect in 2023, the NJDOL delayed implementation and enforcement of compliance while the agency built the electronic reporting system. The NJDOL’s Employer Response Portal is now live, and employers should take immediate steps to follow the required reporting via the portal.
Key Employer Obligations
New Jersey employers are required to:
- Electronically submit separation information for every departing employee, including layoffs, terminations, resignations and retirements, through the Employer Response Portal within seven days of the employee’s separation date (or within seven days of receiving notice that a claim has been filed). Employers should not wait for a former employee to file an unemployment claim before submitting this information.
- Include in each submission the employee’s separation date, last day worked, reason for separation, wage and scheduling information, employer and supervisor contact information and any relevant supporting documentation.
- Continue providing separating employees with a completed BC-10 form (Instructions for Claiming Unemployment Benefits).
- Register with the NJDOL’s Employer Access system in order to use the portal.
What This Means for New Jersey Employers
Employers with employees in New Jersey should confirm their registration with Employer Access, designate and train appropriate HR and payroll personnel on use of the portal, and establish documented internal procedures for timely reporting of all employee separations. Employers should also review our previous Alert mentioned above for a more detailed discussion of the 2023 amendments to the Unemployment Compensation Law, including the consequences of noncompliance and modified appeal deadlines.
For More Information
If you have any questions about this Alert, please contact Kathleen O'Malley, Michael R. Futterman, Patrice E. LeTourneau, Danielle M. Dwyer, any of the attorneys in our Employment, Labor, Benefits and Immigration Practice Group or the attorney in the firm with whom you are regularly in contact.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.


