• People

    Advanced Search

  • Services
  • All Services

  • Back to News & Media
    Blog

    New Jersey Employment Law Alert: Mandatory Separation Reporting

    January 8, 2026

     Download as PDF

    Beginning December 8, 2025, New Jersey implemented a significant change to how employers must report employee separations to the New Jersey Department of Labor and Workforce Development (NJDOL). These changes are designed to modernize unemployment insurance reporting and help the state process claims more quickly and accurately – but they also introduce new compliance obligations for business regardless of their size.

    Under the updated rules, all employers in New Jersey must report employee separations electronically through the State’s Employee 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. This requirement applies to all employers subject to New Jersey’s unemployment insurance laws – which generally includes any business with one or more employees where these laws apply.

    Previously, employers only had to respond when a separated employee filed for unemployment benefits. This new law makes reporting immediately and directly to the NJDOL.

    To comply with the new law, employers must:

    1. Register for an Employee Access Account. Employers need to set up an online account with the NJDOL Employer Access System. If you have not registered yet, you can do so by going to this link.
    2. Report separation details online. Using the portal, employers must complete and submit separation details soon after the employee leaves. The online process guides employers through the necessary steps and asks follow-up questions to ensure complete information is provided.
    3. Submit within required timeline. Although, initial guidance is that the information should be reported when the employee separates, 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.
    4. Keep copies of confirmations. Always save confirmation receipts and reference numbers – these helps demonstrate compliance if there is ever a future audit.
    5. Provide the BC-10 Form to the Worker. Employers must continue to give the separated employee the traditional BC-10 notice with instructions about filing for unemployment benefits.  The new law does not change this requirement.
    6. Report to NJDOL Directly. In addition to providing the BC-1o to the employee, the employer must now report separation data directly to the NJDOL – not just respond to an unemployment claim if the former employee files one.

    Practical Takeaways for Employers

    These developments reflect New Jersey’s increasing emphasis on regulatory compliance and enforcement. Employers should take proactive steps to:

    • Ensure registration and operational readiness for the Employer Access Portal
    • Implement internal protocols to ensure separation reporting within seven days
    • Confirm consistent delivery of the BC-10 form at the time of separation

    Employers with questions regarding these new requirements or their potential impact may consult with Tara Spear, Esq. and Scott Unger, Esq. of Stark & Stark’s Employment Group to understand these new regulations, assess compliance obligations, and mitigate risk.

    Key Contacts

    Scott I. Unger
    609.219.7417
    Tara A. Speer
    609.945.7609

    Firm Highlights

    Bruce H. Stern, Esq. Secures $5.5 Million Settlement for Traumatic Brain Injury Victim

    Stark & Stark is pleased to announce that Shareholder Bruce H. Stern, Esq., Certified Civil Trial Attorney and member of the firm’s Accident...

    “Best Law Firms” 2027 List Issued by Best Lawyers Recognizes Stark & Stark PC

    We are proud to announce that the firm has been included in the 2027 Edition of Best Lawyers “Best Law Firms®” list, earning 11 regional...

    Bruce H. Stern, Esq. Secures $950,000 Settlement for Traumatic Brain Injury Client

    Stark & Stark is pleased to announce that Shareholder Bruce H. Stern, Esq., Certified Civil Trial Attorney and member of the firm's Accident...

    Evan J. Lide, Esq. Secures $2.15 Million Wrongful Death Settlement

    Stark & Stark is pleased to announce that Shareholder Evan J. Lide, Esq. recently secured a $2,150,000 settlement on behalf of the family of a...

    Evan J. Lide, Esq. and J. Robert Bratman, Esq. Secure $1,250,000 Settlement for Injured Bicyclist Hit by Commercial Vehicle

    Stark & Stark is pleased to announce that Shareholders Evan J. Lide, Esq. and J. Robert Bratman, Esq., both Certified Civil Trial Attorneys and...

    Stark & Stark Attorneys Recognized as New Jersey “Super Lawyers” and “Rising Stars” in 2027

    Stark & Stark is pleased to announce that 16 of its attorneys have been selected for inclusion in the list of 2027 New Jersey Super Lawyers,...

    8 Ways to Support a Loved One Living With Dementia

    If someone you love is living with Alzheimer's or another form of dementia, you already know how much the small moments matter. How you greet them,...

    Stark & Stark’s Chinsu Shajan, Esq. Receives Mercer County Bar Association Rising Leader Award

    Stark & Stark is proud to announce that Chinsu Shajan, Esq., a Shareholder in the Firm’s Accident & Personal Injury Group, was honored by...

    Michael H. Foster, Esq. and Stephen M. Di Stefano, Esq. Secure $5.5 Million Settlement for Victim of Motor Vehicle Crash

    Stark & Stark is pleased to announce that Michael H. Foster, Esq. and Stephen M. Di Stefano, Esq., both Certified Civil Trial Attorneys and...

    Stark & Stark Welcomes Nicholas Giaquinto

    Stark & Stark is pleased to welcome Nicholas Giaquinto as a Law Clerk in the firm’s Banking & Financial Services Group and Commercial...

    Stark & Stark Welcomes New Associate Michael Diaz, Esq.

    Stark & Stark is pleased to welcome Michael Diaz, Esq. as a new Associate in the firm's Accident & Personal Injury Group.  Before joining...

    Stark & Stark Welcomes New Associate Alex Miller, Esq.

    Stark & Stark is pleased to welcome Alex Miller, Esq. as a new Associate in the firm's Accident & Personal Injury Group, where he will...