Every employee separation in New Jersey, from resignations to layoffs, must now be reported electronically through the Department of Labor’s (DOL) Employer Access Portal. This means employers must proactively report separations, including terminations, resignations, layoffs, retirements, and other forms of job separation – regardless of whether the employee files for unemployment benefits.
Previously New Jersey employers were only required to submit employee separation information to the DOL if that employee was going to file a claim for unemployment insurance benefits, and provide separating employees with Form BC-10, which contains instructions for claiming such benefits. The BC-10 is still required to be provided to the employee.
Practical Guidance:
Who does this apply to?
Any employer subject to New Jersey’s Unemployment Compensation Law must register and report separations electronically. This includes employers of all sizes and industries; there is no “small employer” carve-out in the separation reporting requirement itself.
How long do I have to file the report?
The general guidance is to report as soon as the employee separates. However, some agencies interpreting earlier parts of the statute recommend employers submit separation data within seven (7) days of separation or within seven (7) days after receiving notice of an unemployment claim. Best practice currently is to file the information simultaneously with separation.
What are the consequences for failing to report?
Employers that fail to provide the required separation information within seven days may be subjected to monetary penalties. The DOL will also notify employers electronically within seven days of submission if the submitted information is incomplete or insufficient to make a benefit determination.
Where or how do I file the information with the DOL?
The applicable authorization code for the Employer Access Portal was included in the Annual Assessment bill that was sent out to employers in August 2025. Employers must register with a valid email address to comply with the new reporting requirements.
What do I do if I have questions?
Garfunkel Wild’s employment attorneys are monitoring whether the DOL will be releasing any additional guidance with respect to this new online reporting requirement. Should you have any questions regarding the above, please contact the authors, the Garfunkel Wild attorney with whom you regularly work, or contact us at [email protected].
