A 1516

[First Reprint]
ASSEMBLY, No. 1516
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
Assemblywoman� TENNILLE R. MCCOY
District 14 (Mercer and Middlesex)
Senator� KRISTIN M. CORRADO
District 40 (Bergen, Essex and Passaic)
Senator� JAMES BEACH
District 6 (Burlington and Camden)
Co-Sponsored by:
Assemblywoman Dunn, Assemblyman Barlas, Assemblywomen
Reynolds-Jackson, Flynn, Collazos-Gill, Speight, Haider, Assemblymen
Scharfenberger, Singh, Assemblywomen Carter, Brennan, Assemblyman Freiman,
Senators Diegnan, Schepisi, Johnson, McKnight, Amato and Moriarty
SYNOPSIS
���� Exempts poll workers wages from affecting
unemployment compensation.
CURRENT VERSION OF TEXT
���� As reported by the Assembly Appropriations Committee
on June 8, 2026, with amendments.
��
An Act
concerning unemployment benefits and amending R.S.43:21-19.
���� Be It Enacted by the Senate and General Assembly of the State of New Jersey:
���� 1.��� R.S.43:21-19 is amended
to read as follows:
���� 43:21-19.� Definitions.� As
used in this chapter (R.S.43:21-1 et seq.), unless the context clearly requires
otherwise:
���� (a) (1) "Annual
payroll" means the total amount of wages paid during a calendar year
(regardless of when earned) by an employer for employment.
���� (2) "Average annual
payroll" means the average of the annual payrolls of any employer for the
last three or five preceding calendar years, whichever average is higher,
except that any year or years throughout which an employer has had no "annual
payroll" because of military service shall be deleted from the reckoning;
the "average annual payroll" in such case is to be determined on the
basis of the prior three or five calendar years in each of which the employer
had an "annual payroll" in the operation of his business, if the
employer resumes his business within 12 months after separation, discharge or
release from such service, under conditions other than dishonorable, and makes
application to have his "average annual payroll" determined on the
basis of such deletion within 12 months after he resumes his business;
provided, however, that "average annual payroll" solely for the
purposes of paragraph (3) of subsection (e) of R.S.43:21-7 means the average of
the annual payrolls of any employer on which he paid contributions to the State
disability benefits fund for the last three or five preceding calendar years,
whichever average is higher; provided further that only those wages be included
on which employer contributions have been paid on or before January 31 (or the
next succeeding day if such January 31 is a Saturday or Sunday) immediately
preceding the beginning of the 12-month period for which the employer's
contribution rate is computed.
���� (b) "Benefits" means
the money payments payable to an individual, as provided in this chapter
(R.S.43:21-1 et seq.), with respect to his unemployment.
���� (c) (1) "Base year"
with respect to benefit years commencing on or after July 1, 1986, shall mean
the first four of the last five completed calendar quarters immediately
preceding an individual's benefit year.
���� With respect to a benefit year
commencing on or after July 1, 1995, if an individual does not have sufficient
qualifying weeks or wages in his base year to qualify for benefits, the
individual shall have the option of designating that his base year shall be the
"alternative base year," which means the last four completed calendar
quarters immediately preceding the individual's benefit year; except that, with
respect to a benefit year commencing on or after October 1, 1995, if the
individual also does not have sufficient qualifying weeks or wages in the last
four completed calendar quarters immediately preceding his benefit year to
qualify for benefits, "alternative base year" means the last three
completed calendar quarters immediately preceding his benefit year and, of the
calendar quarter in which the benefit year commences, the portion of the
quarter which occurs before the commencing of the benefit year.
���� The division shall inform the
individual of his options under this section as amended by P.L.1995, c.234.� If
information regarding weeks and wages for the calendar quarter or quarters
immediately preceding the benefit year is not available to the division from
the regular quarterly reports of wage information and the division is not able
to obtain the information using other means pursuant to State or federal law,
the division may base the determination of eligibility for benefits on the
affidavit of an individual with respect to weeks and wages for that calendar
quarter.� The individual shall furnish payroll documentation, if available, in
support of the affidavit.� A determination of benefits based on an alternative
base year shall be adjusted when the quarterly report of wage information from
the employer is received if that information causes a change in the
determination.
���� (2) With respect to a benefit
year commencing on or after June 1, 1990 for an individual who immediately
preceding the benefit year was subject to a disability compensable under the
provisions of the "Temporary Disability Benefits Law," P.L.1948,
c.110 (C.43:21-25 et seq.), "base year" shall mean the first four of
the last five completed calendar quarters immediately preceding the
individual's period of disability, if the employment held by the individual
immediately preceding the period of disability is no longer available at the
conclusion of that period and the individual files a valid claim for
unemployment benefits after the conclusion of that period.� For the purposes of
this paragraph, "period of disability" means the period defined as a period
of disability by section 3 of the "Temporary Disability Benefits
Law," P.L.1948, c.110 (C.43:21-27).� An individual who files a claim under
the provisions of this paragraph (2) shall not be regarded as having left work
voluntarily for the purposes of subsection (a) of R.S.43:21-5.
���� (3) With respect to a benefit
year commencing on or after June 1, 1990 for an individual who immediately
preceding the benefit year was subject to a disability compensable under the
provisions of the workers' compensation law (chapter 15 of Title 34 of the
Revised Statutes), "base year" shall mean the first four of the last
five completed calendar quarters immediately preceding the individual's period
of disability, if the period of disability was not longer than two years, if
the employment held by the individual immediately preceding the period of
disability is no longer available at the conclusion of that period and if the
individual files a valid claim for unemployment benefits after the conclusion
of that period.� For the purposes of this paragraph, "period of
disability" means the period from the time at which the individual becomes
unable to work because of the compensable disability until the time that the
individual becomes able to resume work and continue work on a permanent basis.�
An individual who files a claim under the provisions of this paragraph (3)
shall not be regarded as having left work voluntarily for the purposes of
subsection (a) of R.S.43:21-5.
���� (d) "Benefit year"
with respect to any individual means the 364 consecutive calendar days
beginning with the day on, or as of, which he first files a valid claim for
benefits, and thereafter beginning with the day on, or as of, which the individual
next files a valid claim for benefits after the termination of his last
preceding benefit year.� Any claim for benefits made in accordance with
subsection (a) of R.S.43:21-6 shall be deemed to be a "valid claim"
for the purpose of this subsection if (1) he is unemployed for the week in
which, or as of which, he files a claim for benefits; and (2) he has fulfilled
the conditions imposed by subsection (e) of R.S.43:21-4.
���� (e) (1) "Division"
means the Division of Unemployment and Temporary Disability Insurance of the
Department of Labor and Workforce Development, and any transaction or exercise
of authority by the director of the division thereunder, or under this chapter
(R.S.43:21-1 et seq.), shall be deemed to be performed by the division.
���� (2) "Controller"
means the Office of the Assistant Commissioner for Finance and Controller of
the Department of Labor and Workforce Development, established by the 1982
Reorganization Plan of the Department of Labor.
���� (f) "Contributions"
means the money payments to the State Unemployment Compensation Fund, required
by R.S.43:21-7.� "Payments in lieu of contributions" means the money
payments to the State Unemployment Compensation Fund by employers electing or
required to make payments in lieu of contributions, as provided in section 3 or
section 4 of P.L.1971, c.346 (C.43:21-7.2 or 43:21-7.3).
���� (g) "Employing unit"
means the State or any of its instrumentalities or any political subdivision
thereof or any of its instrumentalities or any instrumentality of more than one
of the foregoing or any instrumentality of any of the foregoing and one or more
other states or political subdivisions or any individual or type of
organization, any partnership, association, trust, estate, joint-stock company,
insurance company or corporation, whether domestic or foreign, or the receiver,
trustee in bankruptcy, trustee or successor thereof, or the legal
representative of a deceased person, which has or subsequent to January 1,
1936, had in its employ one or more individuals performing services for it
within this State.� All individuals performing services within this State for
any employing unit which maintains two or more separate establishments within
this State shall be deemed to be employed by a single employing unit for all
the purposes of this chapter (R.S.43:21-1 et seq.).� Each individual employed
to perform or to assist in performing the work of any agent or employee of an
employing unit shall be deemed to be employed by such employing unit for all
the purposes of this chapter (R.S.43:21-1 et seq.), whether such individual was
hired or paid directly by such employing unit or by such agent or employee;
provided the employing unit had actual or constructive knowledge of the work.
���� (h) "Employer"
means:
���� (1) Any employing unit which
in either the current or the preceding calendar year paid remuneration for
employment in the amount of $1,000.00 or more;
���� (2) Any employing unit
(whether or not an employing unit at the time of acquisition) which acquired
the organization, trade or business, or substantially all the assets thereof,
of another which, at the time of such acquisition, was an employer subject to
this chapter (R.S.43:21-1 et seq.);
���� (3) Any employing unit which
acquired the organization, trade or business, or substantially all the assets
thereof, of another employing unit and which, if treated as a single unit with
such other employing unit, would be an employer under paragraph (1) of this
subsection;
���� (4) Any employing unit which
together with one or more other employing units is owned or controlled (by
legally enforceable means or otherwise), directly or indirectly by the same
interests, or which owns or controls one or more other employing units (by
legally enforceable means or otherwise), and which, if treated as a single unit
with such other employing unit or interest, would be an employer under
paragraph (1) of this subsection;
���� (5) Any employing unit for
which service in employment as defined in R.S.43:21-19 (i) (1) (B) (i) is
performed after December 31, 1971; and as defined in R.S.43:21-19 (i) (1) (B)
(ii) is performed after December 31, 1977;
���� (6) Any employing unit for
which service in employment as defined in R.S.43:21-19 (i) (1) [(c)] (C) is
performed after December 31, 1971 and which in either the current or the
preceding calendar year paid remuneration for employment in the amount of
$1,000.00 or more;
���� (7) Any employing unit not an
employer by reason of any other paragraph of this subsection (h) for which,
within either the current or preceding calendar year, service is or was
performed with respect to which such employing unit is liable for any federal
tax against which credit may be taken for contributions required to be paid
into a state unemployment fund; or which, as a condition for approval of the
"unemployment compensation law" for full tax credit against the tax
imposed by the Federal Unemployment Tax Act, is required pursuant to such act
to be an employer under this chapter (R.S.43:21-1 et seq.);
���� (8) (Deleted by amendment,
P.L.1977, c.307.)
���� (9) (Deleted by amendment,
P.L.1977, c.307.)
���� (10) (Deleted by amendment,
P.L.1977, c.307.)
���� (11) Any employing unit
subject to the provisions of the Federal Unemployment Tax Act within either the
current or the preceding calendar year, except for employment hereinafter
excluded under paragraph (7) of subsection (i) of this section;
���� (12) Any employing unit for
which agricultural labor in employment as defined in R.S.43:21-19 (i) (1) (I)
is performed after December 31, 1977;
���� (13) Any employing unit for
which domestic service in employment as defined in R.S.43:21-19 (i) (1) (J) is
performed after December 31, 1977;
���� (14) Any employing unit which
having become an employer under the "unemployment compensation law"
(R.S.43:21-1 et seq.), has not under R.S.43:21-8 ceased to be an employer; or
for the effective period of its election pursuant to R.S.43:21-8, any other
employing unit which has elected to become fully subject to this chapter
(R.S.43:21-1 et seq.).
���� (i) (1) "Employment"
means:
���� (A) Any service performed
prior to January 1, 1972, which was employment as defined in the
"unemployment compensation law" (R.S.43:21-1 et seq.) prior to such
date, and, subject to the other provisions of this subsection, service
performed on or after January 1, 1972, including service in interstate
commerce, performed for remuneration or under any contract of hire, written or
oral, express or implied.
���� (B) (i) Service performed
after December 31, 1971 by an individual in the employ of this State or any of
its instrumentalities or in the employ of this State and one or more other
states or their instrumentalities for a hospital or institution of higher education
located in this State, if such service is not excluded from
"employment" under paragraph (D) below.
���� (ii) Service performed after
December 31, 1977, in the employ of this State or any of its instrumentalities
or any political subdivision thereof or any of its instrumentalities or any
instrumentality of more than one of the foregoing or any instrumentality of the
foregoing and one or more other states or political subdivisions, if such
service is not excluded from "employment" under paragraph (D) below.
���� (C) Service performed after
December 31, 1971 by an individual in the employ of a religious, charitable,
educational, or other organization, which is excluded from
"employment" as defined in the Federal Unemployment Tax Act, solely
by reason of section 3306 (c)(8) of that act, if such service is not excluded
from "employment" under paragraph (D) below.
���� (D) For the purposes of
paragraphs (B) and (C), the term "employment" does not apply to
services performed
���� (i) In the employ of (I) a
church or convention or association of churches, or (II) an organization, or
school which is operated primarily for religious purposes and which is
operated, supervised, controlled or principally supported by a church or convention
or association of churches;
���� (ii) By a duly ordained,
commissioned, or licensed minister of a church in the exercise of his ministry
or by a member of a religious order in the exercise of duties required by such
order;
���� (iii) Prior to January 1,
1978, in the employ of a school which is not an institution of higher
education, and after December 31, 1977, in the employ of a governmental entity
referred to in R.S.43:21-19 (i) (1) (B), if such service is performed by an individual
in the exercise of duties
���� (aa) as an elected official;
���� (bb) as a member of a
legislative body, or a member of the judiciary, of a state or political
subdivision;
���� (cc) as a member of the State
National Guard or Air National Guard;
���� (dd) as an employee serving on
a temporary basis in case of fire, storm, snow, earthquake, flood or similar
emergency;
���� (ee) in a position which,
under or pursuant to the laws of this State, is designated as a major
nontenured policy making or advisory position, or a policy making or advisory
position, the performance of the duties of which ordinarily does not require
more than eight hours per week; [or]
���� (ff)���� as a temporary
board worker hired by a district board of elections to discharge election
duties, which may include processing mail-in ballots, and who receives
compensation for the discharge of election duties on an election day as
provided in R.S.19:45-6, or for work pursuant to subsection d. of section 1 of
P.L.2021, c.40 (C.19:15A-1) during the early voting period, or for work during
the period allowed for processing mail-in ballots pursuant to section 22 of
P.L.2009, c.79 (C.19:63-22) 1,
provided that the compensation paid to the individual by the county board of
elections does not exceed $1,000 in a calendar year1; or
���� (iv) By an individual
receiving rehabilitation or remunerative work in a facility conducted for the
purpose of carrying out a program of rehabilitation of individuals whose
earning capacity is impaired by age or physical or mental deficiency or injury
or providing remunerative work for individuals who because of their impaired
physical or mental capacity cannot be readily absorbed in the competitive labor
market;
���� (v) By an individual receiving
work-relief or work-training as part of an unemployment work-relief or
work-training program assisted in whole or in part by any federal agency or an
agency of a state or political subdivision thereof; or
���� (vi) Prior to January 1, 1978,
for a hospital in a State prison or other State correctional institution by an
inmate of the prison or correctional institution and after December 31, 1977,
by an inmate of a custodial or penal institution.
���� (E) The term
"employment" shall include the services of an individual who is a
citizen of the United States, performed outside the United States after
December 31, 1971 (except in Canada and in the case of the Virgin Islands,
after December 31, 1971) and prior to January 1 of the year following the year
in which the U.S. Secretary of Labor approves the unemployment compensation law
of the Virgin Islands, under section 3304 (a) of the Internal Revenue Code of
1986 (26 U.S.C. s.3304 (a)) in the employ of an American employer (other than
the service which is deemed employment under the provisions of R.S.43:21-19 (i)
(2) or (5) or the parallel provisions of another state's unemployment
compensation law), if
���� (i) The American employer's
principal place of business in the United States is located in this State; or
���� (ii) The American employer has
no place of business in the United States, but (I) the American employer is an
individual who is a resident of this State; or (II) the American employer is a
corporation which is organized under the laws of this State; or (III) the
American employer is a partnership or trust and the number of partners or
trustees who are residents of this State is greater than the number who are
residents of another state; or
���� (iii) None of the criteria of
divisions (i) and (ii) of this subparagraph (E) is met but the American
employer has elected to become an employer subject to the "unemployment
compensation law" (R.S.43:21-1 et seq.) in this State, or the American
employer having failed to elect to become an employer in any state, the
individual has filed a claim for benefits, based on such service, under the law
of this State;
���� (iv) An "American
employer," for the purposes of this subparagraph (E), means (I) an
individual who is a resident of the United States; or (II) a partnership, if
two-thirds or more of the partners are residents of the United States; or (III)
a trust, if all the trustees are residents of the United States; or (IV) a
corporation organized under the laws of the United States or of any state.
���� (F) Notwithstanding
R.S.43:21-19 (i) (2), all service performed after January 1, 1972 by an officer
or member of the crew of an American vessel or American aircraft on or in
connection with such vessel or aircraft, if the operating office from which the
operations of such vessel or aircraft operating within, or within and without,
the United States are ordinarily and regularly supervised, managed, directed,
and controlled, is within this State.
���� (G) Notwithstanding any other
provision of this subsection, service in this State with respect to which the
taxes required to be paid under any federal law imposing a tax against which
credit may be taken for contributions required to be paid into a state
unemployment fund or which as a condition for full tax credit against the tax
imposed by the Federal Unemployment Tax Act is required to be covered under the
"unemployment compensation law" (R.S.43:21-1 et seq.).
���� (H) The term "United
States" when used in a geographical sense in subsection R.S.43:21-19 (i)
includes the states, the District of Columbia, the Commonwealth of Puerto Rico
and, effective on the day after the day on which the U.S. Secretary of Labor
approves for the first time under section 3304 (a) of the Internal Revenue Code
of 1986 (26 U.S.C. s.3304 (a)) an unemployment compensation law submitted to
the Secretary by the Virgin Islands for such approval, the Virgin Islands.
���� (I) (i) Service performed
after December 31, 1977 in agricultural labor in a calendar year for an entity
which is an employer as defined in the "unemployment compensation
law," (R.S.43:21-1 et seq.) as of January 1 of such year; or for an employing
unit which
���� (aa) during any calendar
quarter in either the current or the preceding calendar year paid remuneration
in cash of $20,000.00 or more for individuals employed in agricultural labor,
or
���� (bb) for some portion of a day
in each of 20 different calendar weeks, whether or not such weeks were
consecutive, in either the current or the preceding calendar year, employed in
agricultural labor 10 or more individuals, regardless of whether they were
employed at the same moment in time.
���� (ii) for the purposes of this
subsection any individual who is a member of a crew furnished by a crew leader
to perform service in agricultural labor for any other entity shall be treated
as an employee of such crew leader
���� (aa) if such crew leader holds
a certification of registration under the Migrant and Seasonal Agricultural
Worker Protection Act, Pub.L.97-470 (29 U.S.C. s.1801 et seq.), or P.L.1971,
c.192 (C.34:8A-7 et seq.); or substantially all the members of such crew
operate or maintain tractors, mechanized harvesting or cropdusting equipment,
or any other mechanized equipment, which is provided by such crew leader; and
���� (bb) if such individual is not
an employee of such other person for whom services were performed.
���� (iii) For the purposes of
subparagraph (I) (i) in the case of any individual who is furnished by a crew
leader to perform service in agricultural labor or any other entity and who is
not treated as an employee of such crew leader under (I) (ii)
���� (aa) such other entity and not
the crew leader shall be treated as the employer of such individual; and
���� (bb) such other entity shall
be treated as having paid cash remuneration to such individual in an amount
equal to the amount of cash remuneration paid to such individual by the crew
leader (either on his own behalf or on behalf of such other entity) for the
service in agricultural labor performed for such other entity.
���� (iv) For the purpose of
subparagraph (I)(ii), the term "crew leader" means an individual who
���� (aa) furnishes individuals to
perform service in agricultural labor for any other entity;
���� (bb) pays (either on his own
behalf or on behalf of such other entity) the individuals so furnished by him
for the service in agricultural labor performed by them; and
���� (cc) has not entered into a
written agreement with such other entity under which such individual is
designated as an employee of such other entity.
���� (J) (i) Domestic service after
December 31, 1977 and before the effective date of P.L.2023, c.262 (C.34:11-69
et al.) performed in the private home of an employing unit which paid cash
remuneration of $1,000.00 or more to one or more individuals for such domestic
service in any calendar quarter in the current or preceding calendar year.
���� (ii) Domestic services after
the effective date of P.L.2023, c.262 (C.34:11-69 et al.), performed in the
private home of an employing unit which in either the current or preceding
calendar year paid remuneration for employment in the amount of $1,000 or more.
���� (2) The term
"employment" shall include an individual's entire service performed
within or both within and without this State if:
���� (A) The service is localized
in this State; or
���� (B) The service is not
localized in any state but some of the service is performed in this State, and
(i) the base of operations, or, if there is no base of operations, then the
place from which such service is directed or controlled, is in this State; or
(ii) the base of operations or place from which such service is directed or
controlled is not in any state in which some part of the service is performed,
but the individual's residence is in this State.
���� (3) Services performed within
this State but not covered under paragraph (2) of this subsection shall be
deemed to be employment subject to this chapter (R.S.43:21-1 et seq.) if
contributions are not required and paid with respect to such services under an
unemployment compensation law of any other state or of the federal government.
���� (4) Services not covered under
paragraph (2) of this subsection and performed entirely without this State,
with respect to no part of which contributions are required and paid under an
unemployment compensation law of any other state or of the federal government,
shall be deemed to be employment subject to this chapter (R.S.43:21-1 et seq.)
if the individual performing such services is a resident of this State and the
employing unit for whom such services are performed files with the division an
election that the entire service of such individual shall be deemed to be
employment subject to this chapter (R.S.43:21-1 et seq.).
���� (5) Service shall be deemed to
be localized within a state if:
���� (A) The service is performed
entirely within such state; or
���� (B) The service is performed
both within and without such state, but the service performed without such
state is incidental to the individual's service within the state; for example,
is temporary or transitory in nature or consists of isolated transactions.
���� (6) Services performed by an
individual for remuneration shall be deemed to be employment subject to this
chapter (R.S.43:21-1 et seq.) unless and until it is shown to the satisfaction
of the division that:
���� (A) Such individual has been
and will continue to be free from control or direction over the performance of
such service, both under his contract of service and in fact;
���� (B) Such service is either
outside the usual course of the business for which such service is performed,
or that such service is performed outside of all the places of business of the
enterprise for which such service is performed; and
���� (C) Such individual is
customarily engaged in an independently established trade, occupation,
profession or business.
���� (7) Provided that such
services are also exempt under the Federal Unemployment Tax Act, as amended, or
that contributions with respect to such services are not required to be paid
into a state unemployment fund as a condition for a tax offset credit against
the tax imposed by the Federal Unemployment Tax Act, as amended, the term
"employment" shall not include:
���� (A) Agricultural labor
performed prior to January 1, 1978; and after December 31, 1977, only if
performed in a calendar year for an entity which is not an employer as defined
in the "unemployment compensation law," (R.S.43:21-1 et seq.) as of January
1 of such calendar year; or unless performed for an employing unit which
���� (i) during a calendar quarter
in either the current or the preceding calendar year paid remuneration in cash
of $20,000.00 or more to individuals employed in agricultural labor, or
���� (ii) for some portion of a day
in each of 20 different calendar weeks, whether or not such weeks were
consecutive, in either the current or the preceding calendar year, employed in
agricultural labor 10 or more individuals, regardless of whether they were
employed at the same moment in time;
���� (B) Domestic service in a
private home performed prior to January 1, 1978; and after December 31, 1977,
unless performed in the private home of an employing unit which paid cash
remuneration of $1,000.00 or more to one or more individuals for such domestic
service in any calendar quarter in the current or preceding calendar year;
���� (C) Service performed by an
individual in the employ of his son, daughter or spouse, and service performed
by a child under the age of 18 in the employ of his father or mother;
���� (D) Service performed prior to
January 1, 1978, in the employ of this State or of any political subdivision
thereof or of any instrumentality of this State or its political subdivisions,
except as provided in R.S.43:21-19 (i) (1) (B) above, and service in the employ
of the South Jersey Port Corporation or its successors;
���� (E) Service performed in the
employ of any other state or its political subdivisions or of an
instrumentality of any other state or states or their political subdivisions to
the extent that such instrumentality is with respect to such service exempt
under the Constitution of the United States from the tax imposed under the
Federal Unemployment Tax Act, as amended, except as provided in R.S.43:21-19
(i) (1) (B) above;
���� (F) Service performed in the
employ of the United States Government or of any instrumentality of the United
States exempt under the Constitution of the United States from the
contributions imposed by the "unemployment compensation law," except that
to the extent that the Congress of the United States shall permit states to
require any instrumentalities of the United States to make payments into an
unemployment fund under a state unemployment compensation law, all of the
provisions of this act shall be applicable to such instrumentalities, and to
service performed for such instrumentalities, in the same manner, to the same
extent and on the same terms as to all other employers, employing units,
individuals and services; provided that if this State shall not be certified
for any year by the Secretary of Labor of the United States under section 3304
of the federal Internal Revenue Code of 1986 (26 U.S.C. s.3304), the payments
required of such instrumentalities with respect to such year shall be refunded
by the division from the fund in the same manner and within the same period as
is provided in R.S.43:21-14 (f) with respect to contributions erroneously paid
to or collected by the division;
���� (G) Services performed in the
employ of fraternal beneficiary societies, orders, or associations operating
under the lodge system or for the exclusive benefit of the members of a
fraternity itself operating under the lodge system and providing for the payment
of life, sick, accident, or other benefits to the members of such society,
order, or association, or their dependents;
���� (H) Services performed as a
member of the board of directors, a board of trustees, a board of managers, or
a committee of any bank, building and loan, or savings and loan association,
incorporated or organized under the laws of this State or of the United States,
where such services do not constitute the principal employment of the
individual;
���� (I) Service with respect to
which unemployment insurance is payable under an unemployment insurance program
established by an Act of Congress;
���� (J) Service performed by
agents of mutual fund brokers or dealers in the sale of mutual funds or other
securities, by agents of insurance companies, exclusive of industrial insurance
agents or by agents of investment companies, if the compensation to such agents
for such services is wholly on a commission basis;
���� (K) Services performed by real
estate salesmen or brokers who are compensated wholly on a commission basis;
���� (L) Services performed in the
employ of any veterans' organization chartered by Act of Congress or of any
auxiliary thereof, no part of the net earnings of which organization, or
auxiliary thereof, inures to the benefit of any private shareholder or individual;
���� (M) Service performed for or
in behalf of the owner or operator of any theater, ballroom, amusement hall or
other place of entertainment, not in excess of 10 weeks in any calendar year
for the same owner or operator, by any leader or musician of a band or
orchestra, commonly called a "name band," entertainer, vaudeville
artist, actor, actress, singer or other entertainer;
���� (N) Services performed after
January 1, 1973 by an individual for a labor union organization, known and
recognized as a union local, as a member of a committee or committees
reimbursed by the union local for time lost from regular employment, or as a
part-time officer of a union local and the remuneration for such services is
less than $1,000.00 in a calendar year;
���� (O) Services performed in the
sale or distribution of merchandise by home-to-home salespersons or in-the-home
demonstrators whose remuneration consists wholly of commissions or commissions
and bonuses;
���� (P) Service performed in the
employ of a foreign government, including service as a consular, nondiplomatic
representative, or other officer or employee;
���� (Q) Service performed in the
employ of an instrumentality wholly owned by a foreign government if (i) the
service is of a character similar to that performed in foreign countries by
employees of the United States Government or of an instrumentality thereof, and
(ii) the division finds that the United States Secretary of State has certified
to the United States Secretary of the Treasury that the foreign government,
with respect to whose instrumentality exemption is claimed, grants an
equivalent exemption with respect to similar services performed in the foreign
country by employees of the United States Government and of instrumentalities
thereof;
���� (R) Service in the employ of
an international organization entitled to enjoy the privileges, exemptions and
immunities under the International Organizations Immunities Act (22 U.S.C.
s.288 et seq.);
���� (S) Service covered by an
election duly approved by an agency charged with the administration of any
other state or federal unemployment compensation or employment security law, in
accordance with an arrangement pursuant to R.S.43:21-21 during the effective
period of such election;
���� (T) Service performed in the
employ of a school, college, or university if such service is performed (i) by
a student enrolled at such school, college, or university on a full-time basis
in an educational program or completing such educational program leading to a
degree at any of the severally recognized levels, or (ii) by the spouse of such
a student, if such spouse is advised at the time such spouse commences to
perform such service that (I) the employment of such spouse to perform such
service is provided under a program to provide financial assistance to such
student by such school, college, or university, and (II) such employment will
not be covered by any program of unemployment insurance;
���� (U) Service performed by an
individual who is enrolled at a nonprofit or public educational institution
which normally maintains a regular faculty and curriculum and normally has a
regularly organized body of students in attendance at the place where its
educational activities are carried on, as a student in a full-time program,
taken for credit at such institution, which combines academic instruction with
work experience, if such service is an integral part of such program, and such
institution has so certified to the employer, except that this subparagraph
shall not apply to service performed in a program established for or on behalf
of an employer or group of employers;
���� (V) Service performed in the
employ of a hospital, if such service is performed by a patient of the
hospital; service performed as a student nurse in the employ of a hospital or a
nurses' training school by an individual who is enrolled and regularly attending
classes in a nurses' training school approved under the laws of this State;
���� (W) Services performed after
the effective date of this amendatory act by agents of mutual benefit
associations if the compensation to such agents for such services is wholly on
a commission basis;
���� (X) Services performed by
operators of motor vehicles weighing 18,000 pounds or more, licensed for
commercial use and used for the highway movement of motor freight, who own
their equipment or who lease or finance the purchase of their equipment through
an entity which is not owned or controlled directly or indirectly by the entity
for which the services were performed and who were compensated by receiving a
percentage of the gross revenue generated by the transportation move or by a
schedule of payment based on the distance and weight of the transportation
move;
���� (Y) (Deleted by amendment,
P.L.2009, c.211.)
���� (Z) Services performed, using
facilities provided by a travel agent, by a person, commonly known as an
outside travel agent, who acts as an independent contractor, is paid on a
commission basis, sets his own work schedule and receives no benefits, sick leave,
vacation or other leave from the travel agent owning the facilities.
���� (AA) Services provided by a
commercial fisherman whose compensation is comprised solely of a percentage of
fish caught or a percentage of the proceeds from the sale of the catch.
���� (8) If one-half or more of the
services in any pay period performed by an individual for an employing unit
constitutes employment, all the services of such individual shall be deemed to
be employment; but if more than one-half of the service in any pay period
performed by an individual for an employing unit does not constitute
employment, then none of the service of such individual shall be deemed to be
employment.� As used in this paragraph, the term "pay period" means a
period of not more than 31 consecutive days for which a payment for service is
ordinarily made by an employing unit to individuals in its employ.
���� (9) Services performed by the
owner of a limousine franchise (franchisee) shall not be deemed to be
employment subject to the "unemployment compensation law,"
R.S.43:21-1 et seq., with regard to the franchisor if:
���� (A) The limousine franchisee
is incorporated;
���� (B) The franchisee is subject
to regulation by the Interstate Commerce Commission;
���� (C) The limousine franchise
exists pursuant to a written franchise arrangement between the franchisee and
the franchisor as defined by section 3 of P.L.1971, c.356 (C.56:10-3); and
���� (D) The franchisee registers
with the Department of Labor and Workforce Development and receives an employer
registration number.
���� (10) Services performed by a
legal transcriber, or certified court reporter certified pursuant to P.L.1940,
c.175 (C.45:15B-1 et seq.), shall not be deemed to be employment subject to the
"unemployment compensation law," R.S.43:21-1 et seq., if those
services are provided to a third party by the transcriber or reporter who is
referred to the third party pursuant to an agreement with another legal
transcriber or legal transcription service, or certified court reporter or
court reporting service, on a freelance basis, compensation for which is based
upon a fee per transcript page, flat attendance fee, or other flat minimum fee,
or combination thereof, set forth in the agreement.
���� For purposes of this paragraph
(10): "legal transcription service" and "legal
transcribing" mean making use, by audio, video or voice recording, of a
verbatim record of court proceedings, depositions, other judicial proceedings,
meetings of boards, agencies, corporations, or other bodies or groups, and
causing that record to be printed in readable form or produced on a computer
screen in readable form; and "legal transcriber" means a person who
engages in "legal transcribing."
���� (j) "Employment
office" means a free public employment office, or branch thereof operated
by this State or maintained as a part of a State-controlled system of public
employment offices.
���� (k) (Deleted by amendment,
P.L.1984, c.24.)
���� (l) "State"
includes, in addition to the states of the United States of America, the
District of Columbia, the Virgin Islands and Puerto Rico.
���� (m) "Unemployment."
���� (1) An individual shall be
deemed "unemployed" for any week during which:
���� (A) The individual is not
engaged in full-time work and with respect to which his remuneration is less
than his weekly benefit rate, including any week during which he is on vacation
without pay; provided such vacation is not the result of the individual's
voluntary action, except that for benefit years commencing on or after July 1,
1984, an officer of a corporation, or a person who has more than a 5% equitable
or debt interest in the corporation, whose claim for benefits is based on wages
with that corporation shall not be deemed to be unemployed in any week during
the individual's term of office or ownership in the corporation; or
���� (B) The individual is eligible
for and receiving a self-employment assistance allowance pursuant to the
requirements of P.L.1995, c.394 (C.43:21-67 et al.).
���� (2) The term
"remuneration" with respect to any individual for benefit years
commencing on or after July 1, 1961, and as used in this subsection, shall
include only that part of the same which in any week exceeds 20% of his weekly
benefit rate (fractional parts of a dollar omitted) or $5.00, whichever is the
larger, and shall not include any moneys paid to an individual by a county
board of elections for work as a temporary board worker on an election
day as provided in R.S.19:45-6, or for work pursuant to subsection d. of section 1
of P.L.2021, c.40 (C.19:15A-1) during the early voting period, or for work during the period allowed for processing
mail-in ballots pursuant to section 22 of P.L.2009, c.79 (C.19:63-22) 1, provided that the compensation paid to the
individual by the county board of elections does not exceed $1,000 in a
calendar year1.
���� (3) An individual's week of
unemployment shall be deemed to commence only after the individual has filed a
claim at an unemployment insurance claims office, except as the division may by
regulation otherwise prescribe.
���� (n) "Unemployment
compensation administration fund" means the unemployment compensation
administration fund established by this chapter (R.S.43:21-1 et seq.), from
which administrative expenses under this chapter (R.S.43:21-1 et seq.) shall be
paid.
���� (o) "Wages" means
remuneration paid by employers for employment.� If a worker receives gratuities
regularly in the course of his employment from other than his employer, his
"wages" shall also include the gratuities so received, if reported in
writing to his employer in accordance with regulations of the division, and if
not so reported, his "wages" shall be determined in accordance with
the minimum wage rates prescribed under any labor law or regulation of this
State or of the United States, or the amount of remuneration actually received
by the employee from his employer, whichever is the higher.
���� (p) "Remuneration"
means all compensation for personal services, including commission and bonuses
and the cash value of all compensation in any medium other than cash.
���� (q) "Week" means for
benefit years commencing on or after October 1, 1984, the calendar week ending
at midnight Saturday, or as the division may by regulation prescribe.
���� (r) "Calendar
quarter" means the period of three consecutive calendar months ending
March 31, June 30, September 30, or December 31.
���� (s) "Investment
company" means any company as defined in subsection a. of section 1 of
P.L.1938, c.322 (C.17:16A-1).
���� (t) (1) (Deleted by amendment,
P.L.2001, c.17).
���� (2) "Base week,"
commencing on or after January 1, 1996 and before January 1, 2001, means:
���� (A) Any calendar week during
which the individual earned in employment from an employer remuneration not
less than an amount which is 20% of the Statewide average weekly remuneration
defined in subsection (c) of R.S.43:21-3 which amount shall be adjusted to the
next higher multiple of $1.00 if not already a multiple thereof, except that if
in any calendar week an individual subject to this subparagraph (A) is in
employment with more than one employer, the individual may in that calendar
week establish a base week with respect to each of the employers from whom the
individual earns remuneration equal to not less than the amount defined in this
subparagraph (A) during that week; or
���� (B) If the individual does not
establish in his base year 20 or more base weeks as defined in subparagraph (A)
of this paragraph (2), any calendar week of an individual's base year during
which the individual earned in employment from an employer remuneration not
less than an amount 20 times the minimum wage in effect pursuant to section 5
of P.L.1966, c.113 (C.34:11-56a4) on October 1 of the calendar year preceding
the calendar year in which the benefit year commences, which amount shall be
adjusted to the next higher multiple of $1.00 if not already a multiple
thereof, except that if in any calendar week an individual subject to this
subparagraph (B) is in employment with more than one employer, the individual
may in that calendar week establish a base week with respect to each of the
employers from whom the individual earns remuneration not less than the amount
defined in this subparagraph (B) during that week.
���� (3) "Base week,"
commencing on or after January 1, 2001, means any calendar week during which
the individual earned in employment from an employer remuneration not less than
an amount 20 times the minimum wage in effect pursuant to section 5 of
P.L.1966, c.113 (C.34:11-56a4) on October 1 of the calendar year preceding the
calendar year in which the benefit year commences, which amount shall be
adjusted to the next higher multiple of $1.00 if not already a multiple
thereof, except that if in any calendar week an individual subject to this
paragraph (3) is in employment with more than one employer, the individual may
in that calendar week establish a base week with respect to each of the
employers from whom the individual earns remuneration equal to not less than
the amount defined in this paragraph (3) during that week.
���� (u) "Average weekly
wage" means the amount derived by dividing an individual's total base year
wages by the number of base weeks worked by the individual during the base
year; provided that for the purpose of computing the average weekly wage, the
maximum number of base weeks used in the divisor shall be 52.� In the event
that such claimant had no employer in his base year with whom he had
established at least 20 base weeks, then such individual's average weekly wage
shall be computed as if all of his base week wages were received from one
employer and as if all his base weeks of employment had been performed in the
employ of one employer.
���� [For the purpose of computing the
average weekly wage, the monetary alternative in subparagraph (B) of paragraph
(4) or subparagraph (B) of paragraph (5) of subsection (e) of R.S.43:21-4 shall
only apply in those instances where the individual did not have at least 20
base weeks in the base year.]
���� 1For
the purpose of computing the average weekly wage, the monetary alternative in
subparagraph (B) of paragraph (4) or subparagraph (B) of paragraph (5) of
subsection (e) of R.S.43:21-4 shall only apply in those instances where the
individual did not have at least 20 base weeks in the base year.1
���� (v) "Initial
determination" means, subject to the provisions of R.S.43:21-6(b)(2) and
(3), a determination of benefit rights as measured by an eligible individual's
base year employment with a single employer covering all periods of employment with
that employer during the base year.
���� (w) "Last date of
employment" means the last calendar day in the base year of an individual
on which he performed services in employment for a given employer.
���� (x) "Most recent base
year employer" means that employer with whom the individual most recently,
in point of time, performed service in employment in the base year.
���� (y) (1) "Educational
institution" means any public or other nonprofit institution (including an
institution of higher education):
���� (A) In which participants,
trainees, or students are offered an organized course of study or training
designed to transfer to them knowledge, skills, information, doctrines,
attitudes or abilities from, by or under the guidance of an instructor or
teacher;
���� (B) Which is approved,
licensed or issued a permit to operate as a school by the State Department of
Education or other government agency that is authorized within the State to
approve, license or issue a permit for the operation of a school; and
���� (C) Which offers courses of
study or training which may be academic, technical, trade, or preparation for
gainful employment in a recognized occupation.
���� (2) "Institution of
higher education" means an educational institution which:
���� (A) Admits as regular students
only individuals having a certificate of graduation from a high school, or the
recognized equivalent of such a certificate;
���� (B) Is legally authorized in
this State to provide a program of education beyond high school;
���� (C) Provides an educational
program for which it awards a bachelor's or higher degree, or provides a
program which is acceptable for full credit toward such a degree, a program of
post-graduate or post-doctoral studies, or a program of training to prepare
students for gainful employment in a recognized occupation; and
���� (D) Is a public or other
nonprofit institution.
���� Notwithstanding any of the
foregoing provisions of this subsection, all colleges and universities in this
State are institutions of higher education for purposes of this section.
���� (z) "Hospital" means
an institution which has been licensed, certified or approved under the law of
this State as a hospital.
(cf: P.L.2024, c.102, s.7)
���� 2.��� This act shall take
effect immediately.