Beginning January 1, 2012, the maximum weekly unemployment insurance benefit increased from $598 to $611.  The worker’s compensation benefit has gone up from $792 to $ 810 per week, and the maximum weekly benefit for disability has increased from $559 to $572. 

The taxable wage has increased to $30,300, up from $29,600 last year.  The base week earnings amount is untouched and remains at $145, and the alternative earnings amount also remains steady at $7,300.

Detailed information about employers’ obligations to maintain and report records under each of these laws is provided on the poster:  Wage Payment Law, Wage and Hour Law, Prevailing Wage Act, Unemployment Compensation Law, Temporary Disability Benefits Law, Family Leave Insurance Law, Workers’ Compensation Law, and Gross Income Tax Act.  Contact information for each of the departments responsible for enforcing these provisions is also provided.

There are several additional provisions which require compliance:

1.  For employees hired after November 7, 2011, a written copy of the notice must be provided at the time of the employee’s hiring. 

2.  In addition, by December 7, 2011, every employee must be provided a written copy of the notice. 

“Dear Valued TransitChek® Customer,

On September 15th we sent you a communication about the impending reduction of the current pretax transit benefit cap from its current level of $230 per month to its previous level of $120 per month if Congress does not act before December 31, 2011.

TransitCenter is working to make these changes seamless for you and your employees. Below are the steps we are taking on November 30 to ensure a smooth transition to a new transit cap:

• For employees enrolled for the TransitChek Premium MetroCard® – No change
• For employees enrolled for CashBack and Vouchers, TransitCenter will automatically decrease monthly transit benefits higher than $120, down to $120 for the January benefit month.
• For employees enrolled for the TransitChek QuickPay® Prepaid Visa® Card, there is no change if their pretax benefit is $120 or less. If their pretax benefit is in excess of $120, TransitCenter will automatically decrease the pretax portion to $120 and create or increase the post-tax amount accordingly, to ensure the total contribution stays the same.

REMINDER: You will need to make the corresponding changes, if necessary, to the amounts you deduct from your employees’ paychecks on a pretax and post-tax basis starting with the January benefit month.

Please understand that if the pretax cap is reduced to $120, you may not deduct more than $120 pretax for the January benefit month even if that deduction is taken in 2011. The change in the cap does not affect the amount you may deduct on a post-tax basis.

Employees should not make any changes to their benefit amount due to changes in the pretax cap. TransitCenter will make all necessary changes automatically.

Please note that the $230 pretax parking benefit cap is not affected so no changes are required.

We will continue to keep you informed of any cap changes. If you have any questions or need help with your order, please contact Administrator Support at 1.866.550.CHEK (2435). To learn more about the $230 transit benefit cap, visit www.commuterbenefitsworkforus.com .

Thank you for your continued participation in the TransitChek program and for supporting your employees’ daily commute.”

This bill, being considered today, is part of the Democratic package designed to boost the economy.  Other parts of the package include a program to help transit hubs, give tax breaks to film and television companies, and provide deductions for investors who back companies in urban enterprise zones.

See  http://www.northjersey.com/news/business/130546808_Bill_would_create_loans__for_N_J__small_businesses.html?scpromo=1&c=y

“As your commuter benefits provider, we want to remind you of an upcoming fare change that will affect commuting costs for some of your employees.

New fares for the Port Authority of New York and New Jersey (PATH) will go into effect on September 18, 2011.

Below is a list of the new PATH fares:

• 2-trip $4.00
• 10-trip $15.00
• 20-trip $30.00
• 40-trip $60.00
• 30-Day pass $65.00
• 7-Day pass $21.00
• 1-Day pass $6.25
• Senior $1.00

Employees can find complete fare information on the PATH website at http://www.panynj.gov/port-authority-ny-nj.html .

Affected employees can update their TransitChek benefits or enroll in the program by:

1. Downloading the TransitChek Mobile app on their smart device and going to the “Change Benefit” screen to update your benefit amount.

2. Logging into their account online at https://tams.transitcenter.com/login.aspx .

3. Calling 1.888.618.CHEK (2435).

Changes made before September 30th will go into effect for their November benefit.

If you have any questions or concerns, please call TransitChek Customer Service at 1.866.550-CHEK (2435).”

In June, Gov. Christie said he wanted a blanket assurance from the U.S. Justice Department that it wouldn’t prosecute state-sanctioned marijuana programs before proceeding.  This past spring, State Attorney General Paula Dow sent two letters to the Justice Department specifically asking whether state employees would be prosecuted. 

In a memo directed to several states dated June 30, the Justice Department said that local federal prosecutors should not focus on patients and caregivers complying with state medical laws.  Gov. Christie, relying also on his past experience as a prosecutor and on comments made in 2008 by then Presidential candidate Barack Obama, who said, in essences, that federal prosecutors had bigger fish to fry.

Former New Jersey Governor Jon Corzine signed the bill into law shortly before leaving office in 2010.  New Jersey joins 15 other states and the District of Columbia in allowing the use of marijuana for medical purposes; however, New Jersey’s law is among the strictest in the nation.  Only certain diseases can be treated, patients are allowed only 2 ounces every thirty (30) days.  New Jersey’s law is also the only law right now that prohibits patients from growing their own crop at home.

So far, 92 physicians from 19 counties have registered to participate in the program, and six nonprofit centers were awarded license to grow and distribute marijuana.

State lawmakers approved a bill that would reduce the number of weeks claimants could collect, dependent upon the state’s unemployment rate.  Florida would be the first state to correlate the two.  Under the new bill, which Governor Rick Scott is expected to sign, beginning in 2012 the maximum time period that a claimant could collect would be twelve weeks if the unemployment rate is at 5% or below.  The number of weeks an individual could receive jobless benefits would increase by one week for every 0.5 percent the jobless rate increases above 5 percent.  It would cap at 23 weeks, down from the current 26 weeks, if the state’s unemployment rate is 10.5% or higher.

Florida’s current unemployment rate is 11.1%, the third highest in the country.  Michigan and Missouri have also recently cut their state benefits to 20 weeks, and Arkansas reduced theirs by one week. 

New Jersey just introduced a bill that would lower the tax increase on employers over a period of three years.  Instead of levying a $300 tax per employee this year, state lawmakers introduced a bill that would increase taxes by $130 this year, then increase it additionally over the next two years.  In addition, the bill would slow the rate at which the taxes are lowered, allowing the state’s UI trust fund to build a reserve.

The measure may well be the first of its kind in the United States, and the apparent need for it may point to a growing national problem.  Not only is the practice punitive in nature, it reduces the talent pool an employer can draw from and can also contribute to the state’s high unemployment rate.

Another aspect of the bill is that it allows employers to deny benefits for employee misconduct, expanding the definition of misconduct to include lateness and absenteeism. Workers would be required to complete a job-skills assessment. Lastly, workers would be required to accept job offers that are at least comparable to their benefit, once they have reached 12 weeks of unemployment.

The House bill is ready for the floor and the House resumes its session on March 8.

The State Senate has a similar bill but it does not reduce the eligibility period the way the House bill does.

This current bill is similar in design to one signed by Governor Chris Christie in New Jersey in July, 2010.  In that bill, Christie included changes to the NJ unemployment benefits for those employees who lost their jobs due to misconduct.  The new law establishes a three-tiered structure which determines whether or not benefits will be paid, and/or extend the waiting period for eligibility.

1. Simple misconduct is a violation or disregard of a company rule or policy, i.e.  insubordination, dress code violations or excessive lateness or absences without written warning.  With a termination for simple misconduct, an employee would be disqualified from collecting benefits for eight weeks.  After that period, the employee would be eligible to receive benefits if still not working.
2. Severe misconduct is the newest definition, and includes any excessive violations of company policy, such as repeated lateness or absences after written warnings, falsification of records or use of drugs or alcohol on the work premises.  If an employee is terminated for severe misconduct, they are ineligible for benefits until they work for a new employer for four weeks, earn six times their weekly benefit and are released from employment through no fault of their own.
3. Gross misconduct is defined as a criminal violation of the first, second, third or fourth degree under the New Jersey Code of Criminal Justice.  If an employee is released for gross misconduct, they are ineligible for benefits indefinitely until they are working for a new employer for eight weeks (up from four weeks), earn ten times (up from six times) their weekly benefit rate and then are separated through no fault of their own.

There are ten (10) additional states that require independent contractor reporting.  See below for basic information and links for more information.