NEW JERSEY – New Laws Effective July 31, 2023
Effective July 31, 2023, New Jersey employers will be required to complete and electronically submit a new form providing requested separation information, along with an email address for the employer’s designated contact. The form has yet to be issued by the state.
In addition to the new form, employers will also be required to submit a copy of the Form BC-10 to the state. This form, which includes employee separation details and instructions on how to apply for benefits, was already required to be provided to departing employees but now must include the state as a recipient.
Under the new law, the state can penalize an employer who willfully fails or refuses to furnish the required documents with a $500 fine or 25% of any amount fraudulently withheld, whichever is greater.
Thomas & Company has been in contact with the New Jersey DOL on this change and, as of this writing, the state has not provided any further details on how to remain in compliance with the new laws. Instead, the state’s website is currently reporting “While the law takes effect July 31, 2023, NJDOL is still developing the new infrastructure that will enable this new requirement. More information will be provided about this requirement when the new feature becomes available.”
Thomas & Company clients who take advantage of our state separation compliance service are already in compliance as we communicate these separations to the state and the employee at the time of separation. If you are not currently utilizing our state separation compliance service and would like more information, please contact your client relationship manager.
Additional changes that will go into effect on July 31, 2023, are:
• The 2-week cushion available to NJ DOL to request more information is now gone. The DOL must now notify the employer of any missing information needed to make a determination within 7 calendar days from the employer’s submission of the aforementioned new form or the employee’s claim, whichever is earlier.
• Employers can appeal an initial determination within 7 calendar days after receipt of the determination and the claimant’s time to appeal is extended to 21 calendar days after the notice is mailed to the claimant’s last known address.
• The same initial determination deadlines also apply to benefit appeals unless the subsequent determination will reduce or end benefits, in which case the claimant will be provided with a full written explanation, and they will have 7 calendar days following the receipt of the explanation to file an appeal.
KANSAS– Changes to Weekly Benefit Amount
Claimants filing new claims in Kansas on or after July 1 can now qualify for up to $589 per week in unemployment benefits. The minimum weekly benefit amount will be set at $147 per week.
KENTUCKY– Changes to Benefit Duration and Weekly Benefit Amount
Claimants filing new claims in Kentucky on or after July 2 will now be eligible for up to 16 weeks of benefits. In addition, the maximum weekly benefit amount has increased to $665 per week. The minimum weekly benefit amount remains at $39 per week.
NORTH DAKOTA– Changes to Weekly Benefit Amount
Claimants filing new claims in North Dakota on or after July 2 can now qualify for up to $748 per week in unemployment benefits. The minimum weekly benefit amount will remain at $43 per week.
