reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 9 - CLAIM ADJUDICATION-VOLUNTARILY LEAVING WORK › Section 12:17-9.9 - Recall from temporary layoff

Current through Register Vol. 56, No. 14, July 15, 2024
If an unemployed individual is on a temporary layoff of up to 10 weeks and has a definite date of recall to work with a former employer and fails to return to such work, he or she shall be subject to disqualification for benefits for voluntarily leaving work.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 9 - CLAIM ADJUDICATION-VOLUNTARILY LEAVING WORK › Section 12:17-9.10 - Loss of license needed as a condition of employment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an individual is discharged due to the loss of a prerequisite license which is necessary to perform the duties of his or her employment, such discharge shall subject the individual to disqualification for benefits for voluntarily leaving work if he or she engaged in an act which resulted in the loss of the license.
(b) If an individual fails to apply for or renew a prerequisite license which is needed to perform the duties of his or her employment, and he or she is separated from work for not possessing the required license, the separation from work shall be considered a voluntary leaving of work and the individual shall be disqualified for benefits.
(c) If an individual is separated from work by the employer due to the individual's failure to pass a licensing or other qualifying examination, the separation from work shall be considered a discharge.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 9 - CLAIM ADJUDICATION-VOLUNTARILY LEAVING WORK › Section 12:17-9.11 - Job abandonment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employee who is absent from work for five or more consecutive work days and who without good cause fails to notify the employer of the reasons for his or her absence shall be considered to have abandoned his or her employment. Such job abandonment shall subject the employee to disqualification for benefits for voluntarily leaving work without good cause attributable to such work. For purposes of this section good cause means any situation over which the claimant did not have control and which was so compelling as to prevent the employee from notifying the employer of the absence.
(b) An employee who has not returned to work following an approved leave of absence pursuant to the employer's written policy, union contract or business custom and who without good cause has not notified the employer of the reasons for failing to return to work within five consecutive work days shall be considered to have abandoned his or her employment. Such job abandonment shall subject the employee to disqualification for benefits for voluntarily leaving work without good cause attributable to such work.
(c) This section shall not apply where an employer provides an employee with a date certain for return to work following an approved leave of absence, where on or prior to that date the employee communicates to the employer that he or she will not be returning to work on that date, and where the employee, in fact, does not return to work on that date. Under the circumstances described in this subsection, the individual's eligibility for unemployment compensation shall be evaluated under the remaining sections of this subchapter, relative to whether the individual left work voluntarily without good cause attributable to such work.
(d) Nothing in (c) above shall be altered by virtue of the employee communicating to the employer within five consecutive work days following the date certain for return to work or thereafter that he or she is no longer unable to return to work and would now like to return to work. Under such circumstances, the individual's eligibility for unemployment compensation shall, as indicated in (c) above, be evaluated under the remaining sections of this subchapter, relative to whether the individual left work voluntarily without good cause attributable to such work.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 9 - CLAIM ADJUDICATION-VOLUNTARILY LEAVING WORK › Section 12:17-9.12 - Leaving work or discharge due to circumstances resulting from the individual being the victim of domestic violence

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding any other provisions of this chapter, no otherwise eligible individual shall be denied benefits because the individual left work or was discharged due to circumstances resulting from the individual being a victim of domestic violence as defined in 2C:25-19.
(b) No employer's account, including non-profit and governmental entities electing the reimbursable method pursuant to 43:21-7.2, shall be charged for the payment of benefits to an individual who left work due to circumstances resulting from the individual being a victim of domestic violence.
(c) For the purposes of this section, the individual shall be treated as being a victim of domestic violence if the individual provides one or more of the following:
1. A restraining order or other documentation of equitable relief issued by a court of competent jurisdiction;
2. A police record documenting the domestic violence;
3. Documentation that the perpetrator of the domestic violence has been convicted of one or more of the offenses enumerated in 2C:25-19;
4. Medical documentation of the domestic violence issued by a licensed medical practitioner;
5. Certification from a certified Domestic Violence Specialist or the director of a designated domestic violence agency that the individual is a victim of domestic violence; or
6. Other documentation or certification of the domestic violence provided by a social worker, member of the clergy, shelter worker or other professional who has assisted the individual in dealing with the domestic violence.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 10 - CLAIMS ADJUDICATION-MISCONDUCT CONNECTED WITH THE WORK › Section 12:17-10.1 - Disqualification for misconduct connected with the work-general principles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual shall be disqualified for benefits for the week in which the individual has been suspended or discharged for misconduct connected with the work, and for the five weeks that immediately follow that week. (See N.J.S.A. 43:21-5(b)).
(b) If the individual's discharge was for gross misconduct connected with the work because he or she committed an act punishable as a crime of the first, second, third or fourth degree under the "New Jersey Code of Criminal Justice," 2C:1-1 et seq., the individual shall be disqualified for benefits for the week in which he or she was discharged and for each week thereafter until the individual becomes reemployed and works four weeks in employment and has earned at least six times the individual's weekly benefit rate. The individual will have no benefit rights based upon wages from that employer for services rendered prior to the day upon which he or she was discharged.
(c) If the individual's discharge was for gross misconduct connected with the work because he or she committed an act punishable as a crime of the first, second, third, or fourth degree under the New Jersey Code of Criminal Justice,
2C:1-1
et seq., the individual shall be disqualified for benefits for the week in which he or she was discharged and for each week thereafter until the individual becomes reemployed and works eight weeks in employment and has earned at least 10 times the individual's weekly benefit rate. The individual will have no benefit rights based upon wages from that employer for services rendered prior to the day upon which he or she was discharged.
(d) An individual who is suspended for gross misconduct connected with the work shall be disqualified for benefits in the same manner as an individual who has been finally discharged for gross misconduct connected with the work.
(e) To sustain disqualification under this section, the burden of proof is upon the employer, who shall, prior to a determination by the Department of misconduct, provide written documentation demonstrating that the employee's actions constitute misconduct or gross misconduct. However, in the case of gross misconduct, the following apply:
1. Where an employer provides sufficient evidence to establish that a claimant was discharged for gross misconduct connected with the work, prosecution or conviction shall not be required to sustain that the claimant has engaged in gross misconduct.
2. If an individual has been convicted of a crime of the first, second, third, or fourth degree under the New Jersey Code of Criminal Justice,
2C:1-1
et seq., in a court of competent jurisdiction, such conviction shall be conclusive as to a finding of gross misconduct.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 10 - CLAIMS ADJUDICATION-MISCONDUCT CONNECTED WITH THE WORK › Section 12:17-10.2 - Discharge or suspension for unauthorized absence

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual shall be disqualified for benefits for misconduct connected with the work, if he or she did not have good cause for being absent from work or failed without justification to take steps necessary to notify the employer of the absence and the reason therefor.
(b) For the purpose of this section, "good cause" means any compelling personal circumstance, including illness, which would normally prevent a reasonable person under the same conditions from reporting to work.
(c) An unauthorized absence for five or more consecutive work days may constitute job abandonment and subject an individual to disqualification for benefits for voluntarily leaving work without good cause under 12:17-9.1 1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 10 - CLAIMS ADJUDICATION-MISCONDUCT CONNECTED WITH THE WORK › Section 12:17-10.3 - Discharge or suspension for tardiness

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Tardiness shall constitute misconduct if it was:
1. Chronic or excessive and is repeated after verbal and/or written warnings from the employer; and
2. Without reasonable excuse, or could have been anticipated by the individual and he or she failed without justification to take necessary steps to notify the employer of the expected tardiness.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 10 - CLAIMS ADJUDICATION-MISCONDUCT CONNECTED WITH THE WORK › Section 12:17-10.4 - Discharge or suspension for falsification of application or other records

Current through Register Vol. 56, No. 14, July 15, 2024
An individual shall be considered to have committed an act of misconduct when it is established that he or she falsified an employment application or other records required by the employer, or omitted information which created a material misrepresentation of his or her qualifications or suitability for the job.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 10 - CLAIMS ADJUDICATION-MISCONDUCT CONNECTED WITH THE WORK › Section 12:17-10.5 - Discharge or suspension for insubordination or violation of an employer's rule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual shall be considered to have been discharged for an act of misconduct where it is established that he or she has committed an act of "misconduct" and met one of the following:
1. Refused without good cause to comply with instructions from the employer, which were lawful, reasonable, and did not require the individual to perform services beyond the scope of his or her customary job duties;
2. Acted beyond the expressed or implied authority granted to the individual by the employer; or
3. Violated a reasonable rule of the employer which the individual knew or should have known was in effect.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 10 - CLAIMS ADJUDICATION-MISCONDUCT CONNECTED WITH THE WORK › Section 12:17-10.6 - Discharge or suspension for unsatisfactory work performance

Current through Register Vol. 56, No. 14, July 15, 2024
An individual's discharge for failure to meet the employer's standard(s) relating to the quantity or quality of work shall not be considered misconduct, unless it is established that he or she deliberately performed below the standard(s), in a manner that is consistent with "misconduct," and that the standard(s) was reasonable.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 10 - CLAIMS ADJUDICATION-MISCONDUCT CONNECTED WITH THE WORK › Section 12:17-10.7 - Discharge or suspension for failure to observe safety standards

Current through Register Vol. 56, No. 14, July 15, 2024
Where an individual has violated a reasonable safety standard imposed by the employer, such violation shall constitute an act of misconduct if the violation is consistent with the definition of "misconduct."
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 10 - CLAIMS ADJUDICATION-MISCONDUCT CONNECTED WITH THE WORK › Section 12:17-10.8 - Failing or refusing to take an employer drug test

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where a drug-free workplace and/or drug testing is a prerequisite of employment, an employee who tests positive for illegal drugs on a bona fide drug test of the employer or refuses to provide a test sample for the employer violates a condition of employment. If separated from employment for this reason, the employee shall be disqualified for benefits for misconduct connected with such work.
(b) In order for the disqualification for benefits in (a) above to apply, the employer shall have a written drug test policy which has been conveyed to the employees.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 11 - CLAIMS ADJUDICATION-REFUSAL TO APPLY FOR OR ACCEPT SUITABLE WORK › Section 12:17-11.1 - Disqualification period for failure to apply for or accept suitable work-general principles

Current through Register Vol. 56, No. 14, July 15, 2024
An individual shall be disqualified for benefits if it is found that the individual has failed, without good cause, either to apply for available, suitable work when directed by the employment service office or the Director, or to accept suitable work when it is offered. The disqualification shall continue for the week in which the failure to apply occurred and for the three weeks which immediately follow that week. This disqualification for failure to accept suitable work shall be imposed during the week in which the individual refused the work or, if there is a definite starting date, the week in which the work is to begin. (See 43:21-5(c).)
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 11 - CLAIMS ADJUDICATION-REFUSAL TO APPLY FOR OR ACCEPT SUITABLE WORK › Section 12:17-11.2 - Suitability of work defined

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In determining whether or not the work is suitable, consideration shall be given to the degree of risk involved to health, safety and morals, the individual's physical fitness and prior training, experience and prior earnings and employee benefits, the individual's length of unemployment, prospects for securing work in the individual's customary occupation and commuting distance.
1. For a position to be considered suitable, all of the factors in (a) above must be judged with respect to the particular individual involved.
2. For purposes of this subchapter, and restricted to those offers of work made during an individual's benefit year, suitability in terms of wages means eighty percent of the claimant's average weekly wage (including the value of employee benefits) during the base year.
3. Notwithstanding any other provisions of this subchapter an offer of work at a rate of pay less than provided by the State minimum hourly wage shall be unsuitable.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 11 - CLAIMS ADJUDICATION-REFUSAL TO APPLY FOR OR ACCEPT SUITABLE WORK › Section 12:17-11.3 - Establishing bona fide offers of work

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual shall not be disqualified for benefits pursuant to this subchapter unless it has been established that there was a bona fide offer of work or referral to work which he or she refused. An employer should document offers of work and should contact the Division if unable to reach the claimant. In order for a bona fide offer or referral to exist it must be shown that:
1. There was an offer of work to a specific job evidence by details of the job including job duties, rate of pay, hours of work; and
2. The offer was conveyed in writing or verbally to the individual.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 11 - CLAIMS ADJUDICATION-REFUSAL TO APPLY FOR OR ACCEPT SUITABLE WORK › Section 12:17-11.4 - Good cause for refusal of suitable work

Current through Register Vol. 56, No. 14, July 15, 2024
For purposes of this subchapter, "good cause" means any situation over which the claimant did not have control or which was so compelling as to prevent the claimant from accepting work. In order to establish good cause, the claimant must have made a reasonable attempt to remove the restrictions pertaining to the refusal.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 11 - CLAIMS ADJUDICATION-REFUSAL TO APPLY FOR OR ACCEPT SUITABLE WORK › Section 12:17-11.5 - Offers of new work

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual shall be subject to disqualification for benefits if he or she fails to accept or apply for suitable new work. For purposes of this subchapter, "new work" means:
1. An offer of work made to an unemployed individual by an employer with whom he or she has never worked;
2. An offer of reemployment made to an unemployed individual by any former employer, following an indefinite layoff with no recall date; or
3. An offer of work made by an individual's present employer of substantially different duties, terms or conditions of employment from those he or she agreed to perform in his or her existing contract of hire. Examples of factors which may be weighed when considering whether there is a substantial change in the terms or conditions of employment which constitute "new work" include, but are not limited to, the employer's change of hours or shift, job duties, location, salary, benefits, work environment and health and safety conditions.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 12 - CLAIMS ADJUDICATION-OTHER BENEFIT ELIGIBILITY ISSUES › Section 12:17-12.1 - Corporate officers, owners and creditors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An officer of a corporation and/or a person who has more than five percent equitable or debt interest in the corporation, whose claim for benefits is based on wages with that corporation, shall not be considered unemployed in any week during the individual's term of office or ownership in the corporation and the claim shall be determined invalid.
1. An equitable interest in the corporation is defined as the ownership of the corporate stock.
2. A debt interest in the corporation is defined as being a creditor of the corporation.
3. A corporation is considered viable unless it has permanently ceased operations and has filed for formal dissolution in accordance with the New Jersey Business Corporation Act, 14A:1-1 et seq.; or has filed for bankruptcy under Chapter 7 of the United States Bankruptcy Code.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 12 - CLAIMS ADJUDICATION-OTHER BENEFIT ELIGIBILITY ISSUES › Section 12:17-12.2 - Labor disputes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms, as used in this section, shall have the following meanings:
1. "Labor dispute" means any controversy concerning wages, hours, working conditions or terms of employment between an employer and a bargaining unit or a group of employees.
2. "Stoppage of work" means a substantial curtailment of work which is due to a labor dispute. Justification for the labor dispute may not be considered. An employer is considered to have a substantial curtailment of work if not more than 80 percent of the normal production of goods or services is met.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 12 - CLAIMS ADJUDICATION-OTHER BENEFIT ELIGIBILITY ISSUES › Section 12:17-12.3 - Employees on leave of absence

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A voluntary and mutually agreed upon leave of absence between an employer and employee connotes a continuity of employment. An individual on an approved leave of absence is not considered unemployed under the Unemployment Compensation Law and any claim for benefits filed during this period shall be invalid except, if the leave of absence is granted in part due to disability or a projected disability of the individual, the validity of any claim filed under 43:21-4(f)  shall not be effected by the leave of absence while the claimant is disabled from work.
(b) The failure of an employer to grant or extend a personal leave of absence for other than the individual's personal health reasons does not establish good cause attributable to such work for the individual to leave such employment provided the denial was not in violation of Federal or State Laws including the Federal Family Medical Leave Act, P.L. 103-3 and the New Jersey Family Leave Act, 34:11a-1 et seq. which would provide for such leave.
(c) Any request for a leave of absence for personal health reasons of an individual must be supported by competent medical certification.
(d) However, if an individual's request for a leave of absence is denied, and he or she takes the leave, any termination of employment shall be reviewed as a voluntary leaving of work issue unless the reason for the leave is related to the individual's personal health, or if the leave is covered by any Federal or State law, including the Federal Family Medical Leave Act, P.L. 103-3 and the New Jersey Family Leave Act, 34:11a-1 et seq. regulation or other policy, bargaining contract or contract of hire.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 12 - CLAIMS ADJUDICATION-OTHER BENEFIT ELIGIBILITY ISSUES › Section 12:17-12.4 - School employees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employee of an educational institution shall be ineligible for benefits for any week that begins during the period between academic years or terms and during vacation periods and holiday recesses, if the employee has reasonable assurance of returning to work in any such capacity, during the succeeding academic year or term or after the vacation period or holiday recesses.
1. In order for there to be a "reasonable assurance" all of the following requirements must be met:
i. The educational institution has made an offer of employment in the following academic year or term that is either written, oral, or implied;
ii. The offer of employment in the following academic year or term was made by an individual with actual authority to offer employment;
iii. The employment offered in the following academic year or term shall be in the same capacity;
iv. The economic conditions of the employment offered may not be considerably less in the following academic year or term than in the current academic year or term. For the purpose of this subparagraph, "considerably less" means that the claimant will earn less than 90 percent of the amount the claimant earned in the then-current academic year or term;
v. The offer of employment in the following academic year or term is not contingent upon a factor or factors that are within the educational institution's control, including, but not limited to, course programming, decisions on how to allocate available funding, final course offerings, program changes, and facility availability; and
vi. Based on a totality of the circumstances, it is highly probable that there is a job available for the claimant in the following academic year or term. Contingencies that are not necessarily within the educational institution's control, such as funding, enrollment, and seniority may be taken into consideration, but the existence of any one contingency should not determine whether it is highly probable that there is a job available for the claimant in the following academic year or term.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 12 - CLAIMS ADJUDICATION-OTHER BENEFIT ELIGIBILITY ISSUES › Section 12:17-12.5 - Claimant engaged in a temporary business

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A claimant who seeks to augment his or her income through a temporary business may be eligible to receive unemployment benefits only if he or she is available for work, actively seeking employment and otherwise meets the eligibility requirements set forth in the Unemployment Compensation Law. "Temporary business" means any work performed by an unemployed person for the purpose of augmenting his or her unemployment benefits while actively seeking employment.
(b) In determining if an individual is available for work and eligible for benefits, the following criteria shall be considered:
1. Income received from the temporary business measured against both the prior salary the individual received and the salary sought in the work search;
2. The hours dedicated to the temporary business versus the efforts expended to seeking work in outside employment on the general labor market;
3. The continued availability of the individual to a broad range of employment appropriate to his or her skills, training and work experience; and
4. The accouterments (that is, furnishings, equipment and other investments) of permanent business established by the claimant.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 12 - CLAIMS ADJUDICATION-OTHER BENEFIT ELIGIBILITY ISSUES › Section 12:17-12.6 - Student disqualification for benefits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual, who is a student in full-time attendance at, or on vacation from, an educational institution, is disqualified for benefits, unless:
1. The individual is attending a training program approved by the Division to enhance the individual's earning power and/or employability; or
2. During the claimant's base year, the individual, who during periods other than established and customary vacation periods or holiday recesses at the educational institution, has earned in employment sufficient wages while in full or part-time attendance at an educational institution to establish a claim for benefits.
3. For purposes of this section, full-time attendance is defined as:
i. Consisting of not less than 20 hours per week of classroom work and structured assignments for individuals in attendance at an educational institution other than an institution of higher education;
ii. Consisting of not less than 12 credit hours for individuals pursuing a degree at an institution of higher education; or
iii. Consisting of a minimum of nine credit hours for individuals pursuing a post-graduate degree at an institution of higher education.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 12 - CLAIMS ADJUDICATION-OTHER BENEFIT ELIGIBILITY ISSUES › Section 12:17-12.7 - Limiting availability to less than full-time work

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No individual, who is otherwise eligible, shall be deemed unavailable for work or ineligible for benefits solely for the reason that the individual is available for, seeks, applies for, or accepts only part-time work, instead of full-time work, if the claim is based on part-time employment and the individual is actively seeking and is willing to accept work under essentially the same conditions as existed in connection with the employment from which the individual became eligible for benefits.
(b) An individual who limits his or her availability to part-time work shall be ineligible for benefits unless the following conditions are met:
1. The individual has worked in part-time work during a substantial portion of the individual's base year. A "substantial portion" of the individual's base year is defined as earning sufficient wage credits in part-time employment to establish a claim for benefits;
2. There is sufficient part-time work in the claimant's general labor market to justify his or her restriction to part-time work; and
3. The individual is available for enough weekly hours to be able to earn remuneration equal to at least the individual's weekly benefit amount.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 12 - CLAIMS ADJUDICATION-OTHER BENEFIT ELIGIBILITY ISSUES › Section 12:17-12.8 - Pandemic Unemployment Assistance (PUA) for self-employed individuals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A "covered individual" under the Pandemic Unemployment Assistance (PUA) program established by the Federal government through the Coronavirus Aid, Relief and Economic Security Act (CARES Act), S3548, 116th Congress (2019-2020), Section 2102, includes, but is not limited to, one who is not eligible for regular compensation or extended benefits under State or Federal law or Pandemic Emergency Unemployment Compensation (PEUC) under Section 2107 of the CARES Act, including an individual who has exhausted all rights to regular unemployment or extended benefits under State or Federal law or PEUC under Section 2107 of the CARES Act; and provides self-certification that the individual:
1. Is self-employed;
2. Is seeking part-time employment;
3. Does not have sufficient work history, or otherwise would not qualify for regular unemployment or extended benefits under State or Federal law or PEUC under Section 2107 of the CARES Act; and
4. Is otherwise able to work and available for work within the meaning of N.J.S.A. 43:21-1et seq., except the individual is unemployed, partially unemployed, or unable or unavailable to work because:
i. The individual has been diagnosed with COVID-19 or is experiencing symptoms of COVID-19 and seeking a medical diagnosis;
ii. A member of the individual's household has been diagnosed with COVID-19;
iii. The individual is providing care for a family member or a member of the individual's household who has been diagnosed with COVID-19;
iv. A child or other person in the household for which the individual has primary caregiving responsibility is unable to attend school or another facility that is closed as a direct result of the COVID-19 public health emergency and such school or facility care is required for the individual to work;
v. The individual is unable to reach the place of employment because of a quarantine imposed as a direct result of the COVID-19 public health emergency;
vi. The individual is unable to reach the place of employment because the individual has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
vii. The individual was scheduled to commence employment and does not have a job or is unable to reach the job as a direct result of the COVID-19 public health emergency;
viii. The individual has become the breadwinner or major support for a household because the head of the household has died as a direct result of COVID-19;
ix. The individual has to quit his or her job as a direct result of COVID-19;
x. The individual's place of employment is closed as a direct result of the COVID-19 public health emergency; or
xi. The individual meets any additional criteria established by the Secretary of the United States Department of Labor for unemployment assistance under Section 2102 of the CARES Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 13 - PROCEDURES FOR WAGE-BENEFIT CONFLICTS › Section 12:17-13.1 - Pre-determination notice and fact-finding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where there is evidence that a claimant may have been employed during a period(s) for which he or she received unemployment benefits and/or temporary disability benefits, the Division shall afford the claimant an opportunity for a fact-finding interview before any determination is made with respect to the alleged wage-benefit conflict.
(b) The Division shall mail a pre-determination notice to the claimant's last known address of record, that evidence exists of a possible wage-benefit conflict as soon as possible after the evidence is discovered.
(c) The pre-determination notice shall specify the benefit periods at issue and the employer(s) involved. It shall provide the claimant with the opportunity to rebut or confirm the possible wage-benefit conflict, and offer the claimant an opportunity for a fact-finding interview to review and/or rebut the information.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 13 - PROCEDURES FOR WAGE-BENEFIT CONFLICTS › Section 12:17-13.2 - Fact-finding interview

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a claimant's request for a fact-finding interview, the Division will schedule a fact-finding interview before a deputy. The Division shall notify the claimant by mail of the date, time and place of the fact-finding interview.
(b) The claimant may be represented at the fact-finding interview by himself or herself, an attorney or a non-attorney representative at the claimant's expense.
(c) Upon conclusion of the fact-finding interview, the Bureau of Benefit Payment Control shall issue a written determination and may refer the matter to the Attorney General for criminal prosecution.
(d) The written determination shall advise the claimant and other interested parties of appeal rights.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 13 - PROCEDURES FOR WAGE-BENEFIT CONFLICTS › Section 12:17-13.3 - Claimant's failure to appear

Current through Register Vol. 56, No. 14, July 15, 2024
If the claimant fails to report or to otherwise respond to the pre-determination notice within 10 days, or fails to report for any fact-finding interview subsequently scheduled, the Division shall issue a written determination on the facts available, and mail a copy thereof to the claimant. The written determination shall advise the claimant and other interested parties of appeal rights in accordance with N.J.A.C. 12:20 and 1:12.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 14 - DETERMINATION AND DEMAND FOR REFUND OF UNEMPLOYMENT BENEFIT PAYMENTS › Section 12:17-14.1 - Statutory period for demanding refund

Current through Register Vol. 56, No. 14, July 15, 2024
The Division shall issue a demand for refund of unemployment benefits in each case when a determination of overpayment is made. Except in the case of fraud, an individual shall be notified of the demand for refund within four years after benefits were received. Notification is accomplished when the demand of refund is mailed to the claimant's last known address. In case of fraud, the matter may be forwarded to the Attorney General for investigation and criminal prosecution.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 14 - DETERMINATION AND DEMAND FOR REFUND OF UNEMPLOYMENT BENEFIT PAYMENTS › Section 12:17-14.2 - Waiver of recovery of benefit overpayment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon request of the claimant or the claimant's representative, the Director may grant the claimant a full waiver of recovery of an overpayment of benefits only after the Director has determined that the claimant has not misrepresented or withheld any material fact in obtaining benefits and only under the following circumstances:
1. Where the claimant is deceased;
2. Where the claimant is disabled and no longer able to work; or
3. Where the recovery of the overpayment, as determined by the Director with the Controller's concurrence, would be patently contrary to the principles of equity.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 14 - DETERMINATION AND DEMAND FOR REFUND OF UNEMPLOYMENT BENEFIT PAYMENTS › Section 12:17-14.3 - Requirements for repaying overpaid benefits

Current through Register Vol. 56, No. 14, July 15, 2024
A payment of benefits for which a waiver of recovery is not granted must be repaid in full. The Division may use any means of collection provided by law to satisfy the debt including, but not limited to, offsets permitted under 54A:9-8.1 and 8.2. Any individual with an outstanding overpayment who subsequently becomes entitled to benefits shall have such benefits offset by the debt until the debt is repaid in its entirety. However, for any claimant whose overpayment is determined to be the sole result of the Division's error, the offset amount shall be limited to 50 percent of the claimant's weekly benefit rate for each week of benefits subsequently claimed.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 14 - DETERMINATION AND DEMAND FOR REFUND OF UNEMPLOYMENT BENEFIT PAYMENTS › Section 12:17-14.4 - Overpayment of benefits involving two determinations of entitlement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A determination of entitlement is defined to mean determinations that state that a claimant is both eligible and not disqualified.
(b) If there are two determinations of entitlement, benefits for such period of entitlement shall be paid regardless of the outcome of any appeal which may be taken.
(c) If benefits are paid under (b) above, no claimant shall be required to repay such benefits to the Division and no employer's account shall be charged with benefits so paid through the completed calendar week prior to the date of the appeal hearing, if the decision is finally reversed.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 15 - BENEFIT ELIGIBILITY FOR CLAIMANTS EMPLOYED BY TEMPORARY HELP SERVICE FIRMS › Section 12:17-15.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Continuing employment" means employment offered no later than the next business day following the end of the last assignment, within the scope of a written agreement or, if no written agreement exists, under similar terms and conditions of the last assignment; and with a definite starting date of no more than four weeks from the end date of the last assignment.
"Temporary help service firm" means a business which consists of employing individuals directly or indirectly for the purpose of assigning the employed individuals to assist the firm's customers in the handling of the customers' temporary, excess or special workloads, and who, in addition to the payment of wages or salaries to the employed individuals, pays Federal Social Security taxes and State and Federal unemployment insurance taxes and carries workers' compensation insurance as required by State law. A temporary help service firm is required to comply with the provision of 56:8-1 et seq.
"Written agreement" means a signed understanding between a temporary help service firm and the employee which outlines the scope of employment and includes the general type of work to be performed, salary parameters, and acceptable commuting distance for assignments. The agreement shall require that the employee contact the temporary help service firm upon completion of an assignment and state that unemployment benefits may be denied for failure to fulfill this obligation.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 15 - BENEFIT ELIGIBILITY FOR CLAIMANTS EMPLOYED BY TEMPORARY HELP SERVICE FIRMS › Section 12:17-15.2 - Employment with temporary help service firm under a written agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an individual whose claim is based on employment with a temporary help service firm is offered an assignment which constitutes continuing employment and fails to accept such work, the refusal of work shall be reviewed as a voluntary leaving work issue. If the assignment offered does not constitute continuing work, then any refusal of such work shall be reviewed as a refusal of suitable work issue. Any disqualification which may result from these reviews shall be imposed during the week the work was to begin. If otherwise eligible, benefits will be payable until the start date of the disqualification.
(b) An individual's claim which is based on employment with a temporary help service firm shall be reviewed as a voluntary leaving of work issue if the individual fails to contact the temporary help service firm for reassignment by the end of the next business day after completion of the last assignment unless a greater time period is specified in the written agreement.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 15 - BENEFIT ELIGIBILITY FOR CLAIMANTS EMPLOYED BY TEMPORARY HELP SERVICE FIRMS › Section 12:17-15.3 - Employment with temporary help service firm without a written agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an individual whose claim is based on employment with a temporary help service firm is offered an assignment which constitutes continuing employment and fails to accept such work, the refusal of work shall be reviewed as a voluntary leaving work issue. If the assignment offered does not constitute continuing employment, then any refusal of such work shall be reviewed as a refusal of suitable work issue. Any disqualification which may result from these reviews shall be imposed during the week the work was to begin. If otherwise eligible, benefits will be payable until the start date of the disqualification.
(b) An individual's claim which is based on employment with a temporary help service firm shall be reviewed as an available for work issue if the individual fails to contact the firm for reassignment by the end of the next business day after completion of the last assignment and there is no written agreement between the temporary help service firm and the individual.
ELIGIBILITY CONDITIONS FOR TEMPORARY HELP SERVICE FIRM CLAIMANTS
Failure to Contact
for Reassignment
Refusal of New Assignment
Separate with
Voluntary Leaving
Voluntary Leaving
Refusal of Suitable
Signed
Issue
issue if:
Work issue if:
Agreement
(N.J.S.A.
--within scope of
--not within scope of
43:21-5 (a))
agreement and;
agreement or;
--starts within
--starts in more than
four weeks and;
four weeks or;
--offered at end of
--offered after end
current
of the current
assignment
assignment
(N.J.S.A. 43:21-5(a
(43:21-5(c)  )
))
Separation
Availability Issue
Voluntary Leaving
Refusal of Suitable
without signed
issue if:
Work issue if:
Agreement
(N.J.S.A.
--new job similar
--terms and
43:21-4(c) )
in terms and
conditions of new job
conditions to last
are not similar to
assignment and;
last assignment or;
--starts within
--starts in more than
four weeks and;
four weeks or;
--offered at end of
--offered after end
current
of current
assignment
assignment
(43:21-5 (a
(43:21-5(c)  )
))
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 16 - PAYMENT OF BENEFITS TO INTERSTATE CLAIMANTS › Section 12:17-16.1 - Cooperation with other states

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall govern the Division in its administrative cooperation with other states adopting a similar regulation for the payment of benefits to interstate claimants.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 16 - PAYMENT OF BENEFITS TO INTERSTATE CLAIMANTS › Section 12:17-16.2 - Benefit rights of interstate claimants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a claimant files a claim against any state, which determines that the claimant has available benefit credits in such state, then a claim shall be filed only against such state as long as benefit credits are available in that state. Thereafter, the claimant may file claims against any other state in which there are available credits.
(b) For the purpose of this subchapter, benefit credits shall be deemed to be unavailable whenever benefits have been exhausted, terminated, or postponed for an indefinite period or for the entire period in which benefits would otherwise be payable, or whenever benefits are affected by the application of a restriction that prohibits the payment of benefits to an individual employed in a seasonal industry during the off season.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 16 - PAYMENT OF BENEFITS TO INTERSTATE CLAIMANTS › Section 12:17-16.3 - Requirement to register for work

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each interstate claimant shall be registered for work, through any employment service office in the agent state when and as required by the law, regulations, and procedures of the agent state. Such registration shall be accepted as meeting the registration requirements of the liable state.
(b) Each agent state shall duly report, to the liable state in question, whether each interstate claimant meets the registration requirements of the agent state.