Tag: New Jersey

Blank Rome Labor & Employment Alert: New Jersey Employers Must Use New Portal to Report Separations

Daniel J. Sobol, Julia C. Riskowitz, and Sarah M. Kirkpatrick ●

Daniel Sobol headshot photo

New Jersey employers are now required to report all employee separations through the new “Employer Response Portal” recently launched by the New Jersey Department of Labor (“NJDOL”). This new requirement applies to every type of separation—resignations, terminations, retirements, and layoffs—regardless of whether the departing employee files for unemployment benefits. This new requirement is separate from, and in addition to, the existing requirement that employers provide departing employees with Form BC-10.

Background

On November 3, 2022, Governor Phil Murphy signed P.L. 2022, c. 120, which amended New Jersey Unemployment Compensation Law to impose new separation reporting requirements on employers. Under the amended law, employers must “immediately and simultaneously” report each separation electronically, providing the date of separation and other information the NJDOL uses to determine benefits eligibility. Although the law took effect on July 31, 2023, the NJDOL delayed enforcement until it could build a dedicated online reporting system.

With that new system completed, the NJDOL has launched the Employer Response Portal, an online platform designed to streamline the reporting process. Employers are now required to use the portal to report separations within seven days of an employee’s separation date. 

To read the full alert, please visit our website.

Same ABCs, New Rules: New Jersey Finalizes Updated Regulatory Framework for Worker Classification

Gabrielle I. Weiss ●

On May 5, 2026, the New Jersey Department of Labor and Workforce Development (“NJDOL”) filed its final rule adopting N.J.A.C. 12:11, which provides regulatory guidance on how the state’s longstanding “ABC” test is applied to determine whether a worker is an employee or an independent contractor. The final rule, which carries an operative date of October 1, 2026, arrives after a contentious rulemaking process that drew sharp criticism from financial services and insurance to construction and app-based transportation. While the ABC test itself is nothing new in New Jersey—it has been the statutory standard for nearly 90 years—these rules represent the first comprehensive regulatory framework explaining how the NJDOL interprets and applies the test. Critically, the ABC test in New Jersey governs not just unemployment insurance but also the state’s Wage and Hour Law, Wage Payment Law, Earned Sick Leave Law, and Temporary Disability Benefits Law, giving these rules a practical reach far broader than similar regulations in most other states. Employers operating in the state should begin evaluating their independent contractor relationships now to prepare for implementation.

Continue reading “Same ABCs, New Rules: New Jersey Finalizes Updated Regulatory Framework for Worker Classification”

New Jersey Steps Into Fray, Bans Mandatory Employee Meetings

David G. Rodriguez and Derek E. Schultz ●

New Jersey Governor Phil Murphy signed into law significant amendments to the New Jersey Employer Political Communication Restrictions Act (the “Act”) on September 3, 2025. These amendments, which take effect on December 2, 2025, make New Jersey one of 12 states in the nation to prohibit employers from holding captive audience meetings to discuss unionization with employees.

KEY PROVISIONS

The Act Will Prohibit Employers from Holding Mandatory Meetings on Unionization

Employers and their agents will be prohibited from requiring employees to attend meetings or participate in communications where the purpose is to convey the employer’s opinion about unionization. This restriction will apply to all employers in New Jersey, including those in both the private and public sectors.

Continue reading “New Jersey Steps Into Fray, Bans Mandatory Employee Meetings”

Another Round for the Garden State! New Jersey Again Changes Leave and Disability Benefits for COVID-19 Impacted Employees

Thomas J. Szymanski

New Jersey Governor Phil Murphy recently signed S2374 into law, expanding the New Jersey Family Leave Act (“NJFLA”) and New Jersey Temporary Disability Benefits Law (“NJTDBL”) and providing additional employee protections during the coronavirus COVID-19 pandemic and future epidemics, including (1) the expansion of reasons for leave; (2) certification changes; (3) intermittent use of such leave; (4) changes related to highly compensated employees; and (5) the expansion of the scope of compensable leave under NJTDBL. These changes are effective immediately and apply retroactively to March 25, 2020.

NJFLA—Expanded Reasons for Leave

During a state of emergency declared by the Governor, or when indicated to be needed by the Commissioner of Health or other public health authority, due to “an epidemic of a communicable disease, a known or suspected exposure to the communicable disease, or efforts to prevent spread of a communicable disease,” an employee may use NJFLA leave for the following new reasons:

    1. Childcare—to care for a child due to a school or daycare closure;
    2. Mandatory quarantine— to care for a family member subject to mandatory quarantine; and
    3. Voluntary self-quarantine—to care for a family member whose doctor recommends a voluntary self-quarantine.

Continue reading “Another Round for the Garden State! New Jersey Again Changes Leave and Disability Benefits for COVID-19 Impacted Employees”

NJ WARN Amended in Light of COVID-19 Pandemic

Asima J. Ahmad

On April 14, 2020, New Jersey Governor Phil Murphy signed Senate Bill 2353 into law, which excludes mass layoffs resulting from the coronavirus COVID-19 pandemic from the notice and severance pay requirements contained in the Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ WARN”). Prior to this change, employers faced uncertainty on whether they would be obligated to provide notice and severance pay to each full-time employee that was terminated with less than the required 60-days’ notice due to the pandemic.

Specifically, SB 2353 revises the definition of “mass layoff” to mirror the exceptions that are already contained in NJ WARN’s definition of “termination of operations.” As a result, a mass layoff which would otherwise require notice shall not include one “made necessary because of a fire, flood, natural disaster, national emergency, act of war, civil disorder or industrial sabotage, decertification from participation in the Medicare and Medicaid programs as provided under Titles XVIII and XIX of the federal “Social Security Act,” Pub.L. 74-271 (42 U.S.C. s.1395 et seq.) or license revocation pursuant to P.L.1971, c.136 (C.26:2H-1 et al.).” These changes go into effect immediately and are retroactive to March 9, 2020, the date that Governor Murphy declared a COVID-19-based state of emergency and public health emergency in New Jersey via Executive Order 103. Continue reading “NJ WARN Amended in Light of COVID-19 Pandemic”

Salary History Ban Spreads—New Jersey and New York Jump on Board!

Alix L. Udelson

New Jersey and New York are the latest states to prohibit employers from asking job applicants about their pay history and considering pay information in making employment decisions.

New Jersey

In New Jersey, effective January 1, 2020, private employers cannot screen applicants based on their pay history. Employers also cannot require an applicant’s salary history satisfy a certain minimum or maximum criteria. Employers may not consider an applicant’s refusal to provide compensation information in making an employment decision.

There are several noteworthy exceptions and limitations to this law. Continue reading “Salary History Ban Spreads—New Jersey and New York Jump on Board!”

Hiring in New Jersey? Salary History Ban Sprouts in Garden State

Thomas J. Szymanski

Effective January 1, 2020, private employers in New Jersey are prohibited from asking job applicants about their salary, wage, and benefit history and are not permitted to make hiring decisions based on that information. Employers will also be prohibited from requiring that an applicant’s salary history satisfy certain minimum or maximum requirements.

There are notable exceptions to this prohibition, which include the following:

      1. If an applicant “voluntarily, without employer prompting or coercion,” discloses salary or wage information, the employer may verify whether the information was accurate and use the information to determine compensation to be paid to the applicant;
      2. An employee is applying for internal transfer or promotion with a current employer;
      3. Actions taken by an employer pursuant to a federal law or regulation that expressly requires the disclosure or verification of salary history for employment purposes; and
      4. After an offer of employment has been made that includes an explanation of the overall compensation package, an employer may confirm an applicant’s salary history upon the applicant’s written authorization.

Employers who violate the law can be fined up to $1,000 for a first offense, $5,000 for a second offense, and $10,000 for violations thereafter.

Please contact a member of Blank Rome’s Labor & Employment practice group if you have any questions about compliance with New Jersey’s salary and wage ban or any other employment issues.

New Jersey Governor Signs #MeToo Bill, Potentially Impacting All Employment and Settlement Agreements—Employers Beware!

Asima J. Ahmad and Kevin M. Passerini

As predicted in a previous post, New Jersey Governor Phil Murphy signed Senate Bill 121 last month. This bill has two primary effects:

      1. “A provision in any employment contract [(other than a collective bargaining agreement, which is excepted)] that waives any substantive or procedural right or remedy relating to a claim of discrimination, retaliation, or harassment” is now against public policy and unenforceable.
      2. “A provision in any employment contract or settlement agreement which has the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment” is now unenforceable “against a current or former employee who is a party to the contract or settlement,” but remains enforceable against the employer unless “the employee publicly reveals sufficient details of the claim so that the employer is reasonably identifiable.”

The practical effect of these provisions is a ban on companies’ use and enforcement of nondisclosure provisions to conceal claims of discrimination, retaliation, and harassment and a ban on companies’ efforts to avoid or frustrate application of New Jersey law through, among other things, forum-selection, dispute resolution, and choice-of-law provisions. While the law does permit employers to defend themselves against an employee who publicizes information related to such claims, in order to exercise that right, “[e]very settlement agreement resolving a discrimination, retaliation, or harassment claim by an employee against an employer shall include a bold, prominently placed notice that although the parties may have agreed to keep the settlement and underlying facts confidential, such a provision in an agreement is unenforceable against the employer if the employee publicly reveals sufficient details of the claim so that the employer is reasonably identifiable.” Continue reading “New Jersey Governor Signs #MeToo Bill, Potentially Impacting All Employment and Settlement Agreements—Employers Beware!”

More Money, More Problems? New Jersey Significantly Expanding Family Leave Benefits

Thomas J. Szymanski

The bill (NJ A3975), revamping the New Jersey Family Leave Act (“NJFLA”) and Family Leave Insurance (“FLI”), was passed in both houses of the New Jersey Legislature on January 31, 2019. Governor Murphy is expected to sign the bill today, with some changes effective immediately.

As a reminder, NJFLA provides job-protected leave for workers at large employers to care for family members. On the other hand, FLI provides wage-replacement benefits to workers during a leave used to care for a family member. FLI applies regardless of the size of the employer and is funded by employee payroll deductions.

Summary of the most significant changes: Continue reading “More Money, More Problems? New Jersey Significantly Expanding Family Leave Benefits”

ALERT: New Jersey Raising Minimum Wage to $15

Thomas J. Szymanski

As we reported last week, New Jersey employers need to get ready for minimum wage increasing to $15 per hour. The bill, which passed on party lines last Thursday, was signed into law today by Governor Murphy. It provides the following timetable to raise the minimum wage:

  • $15 per hour by 2024, for most minimum wage earners;
  • $15 per hour by 2026, for minimum wage earners at seasonal businesses and small businesses;
  • $12.50 per hour by 2024, for agricultural minimum wage earners; and
  • $5.13 per hour by 2022, for tipped earners.

Continue reading “ALERT: New Jersey Raising Minimum Wage to $15”