N.J. Admin. Code § 12:17-3.5 - Notice of unemployment due to mass separation

Current through Register Vol. 54, No. 7, April 4, 2022

(a) For the purposes of this subchapter, the term "mass separation" means the separation of 25 or more employees in a single establishment (either permanently or for an indefinite period) at or about the same time and for the same reason, except where the separation or unemployment is due to a labor dispute.
(b) As soon as possible, but not later than 48 hours prior to any mass separation, the employer shall file a notice thereof with the Director of the Division of Unemployment Insurance, P.O. Box 058, John Fitch Plaza, Trenton, New Jersey 08625-0058. Where the employer has no advance knowledge of the mass separation, such notice shall be filed within 24 hours after the mass separation occurs. Such notice shall contain the following information:
1. The name and address of the employer;
2. A statement of the cause of separation;
3. The number and job titles of employees affected;
4. The expected duration of the period of unemployment; and
5. Whether or not the employer will have sufficient employees to handle requests for wage information that may be issued by the Division.
(c) The employer shall provide the Division with information relating to payments made to affected employees for vacation, sick leave, pension, remuneration in lieu of notice and severance.
(d) Where a mass separation has not occurred but is threatened or likely to occur, the employer shall submit to the Division when requested such information as may be required.
(e) The employer shall deliver the Department form entitled, "Instructions for Claiming Unemployment Benefits," to each employee at the time of mass separation.
(f) Employers that have completed the notification requirements under the Federal Worker Adjustment and Retraining Notification Act contained at 20 C.F.R. Part 639 and N.J.A.C. 12:40 shall be considered in compliance with (b) above.

Notes

N.J. Admin. Code § 12:17-3.5
Amended by R.2003 d.276, effective 7/7/2003.
See: 35 N.J.R. 1527(a), 35 N.J.R. 2874(b).
In (a), deleted ", or with an expected duration of seven or more days" following "an indefinite period"; in (b), substituted "unit of the One-Stop Career Center" for "claims office" in the first sentence of the introductory paragraph and substituted "the Division" for "unemployment claims offices" in 5.
Administrative correction.
See: 38 N.J.R. 2834(b).
Amended by R.2009 d.21, effective 1/5/2009.
See: 40 N.J.R. 4289(a), 41 N.J.R. 263(a).
In the introductory paragraph of (b), inserted a comma following "possible" and substituted "Director of the Division of Unemployment Insurance, P.O. Box 058, John Fitch Plaza, Trenton, New Jersey 08625-0058" for "unemployment unit of the One-Stop Career Center located nearest the place of employment"; and in (e), substituted "the Department form entitled, 'Instructions" for "Form BC-10 (Instructions" and "Benefits,' to each" for "Benefits) to each".

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