Garden State Opens Employee Separation Reporting Portal

New Jersey’s Department of Labor and Workforce Development (NJDOL) has activated an online portal requiring employers to electronically report employee separations and information required to determine unemployment benefit eligibility. The portal implements a law that took effect in July 2023. Below, we outline the key aspects of this new requirement.

Who must report and when

All New Jersey employers, regardless of size, must use the portal to report every employee separation – including layoffs, terminations, resignations and retirements – whether or not the employee is expected to seek unemployment benefits. Employers must submit separation information within seven days of the separation date and should not wait for a former employee to file an unemployment claim before reporting. Employers conducting mass layoffs may report up to 1,000 separations in a single submission. Employers must register for portal access through the NJDOL; those using a third-party administrator for payroll should register for access and then grant access rights to that administrator.

Consequences of noncompliance

If an employer fails to submit separation information within the required timeframe, the NJDOL will issue a determination based on the available information. The employer will receive the determination and appeal rights by mail and must file any appeal within seven days of receipt; otherwise, the determination becomes final. Employers also face penalties for willful failure to furnish reports.

Separately, employers must continue providing departing employees with the BC-10 form (Instructions for Claiming Unemployment Benefits) but are not required to submit a copy to the NJDOL.

Claims process

Once a claim is filed, the claimant will receive a secure link to an online fact-finding application. The employer’s separation response will be shown to the claimant as part of that process. If follow-up is required, an examiner may contact the employer by email or phone, and the employer will have two business days to respond with any requested information.

Action steps

Employers with New Jersey operations or employees should:

• Register for the portal. Register for access to the NJDOL separation reporting portal. If using a third-party administrator, the NJDOL advises employers to register for employer access first, then grant access rights to the third-party administrator.
• Update offboarding procedures. Integrate portal submissions into separation and termination workflows to meet the seven-day filing window.
• Train relevant personnel. Ensure individuals processing separations are familiar with the portal’s data fields and filing requirements.

If you have any questions about the requirement or how to comply, please contact your Cooley employment lawyer or one of the lawyers listed below.