A5014 —

A5014 ALA1R Statement[First 12/14/20Reprint] ASSEMBLY LABOR COMMITTEE   STATEMENT TO   ASSEMBLY, No.

5014  STATE withOF committeeNEW amendmentsJERSEY 219th LEGISLATURE   STATEINTRODUCED OFNOVEMBER NEW19, JERSEY2020   DATED:  Sponsored by:

 DECEMBERAssemblyman  14,JOSEPH 2020V.         The Assembly Labor Committee reports favorably and with committee amendments Assembly Bill No.

5014.EGAN District 17 (Middlesex and Somerset) Assemblyman  ERIC HOUGHTALING District 11 (Monmouth)         SYNOPSIS      Concerns contributions to the unemployment compensation fund by employee leasing companies.

       AsCURRENT amended,VERSION thisOF billTEXT provides     thatAs ifreported anby employee leasing company elects to use the clientAssembly levelLabor reportingCommittee method for the determination of the unemployment compensation contribution rate, the contribution rate charged to the employee leasing company will be based on theDecember employment14, experience2020, ofwith theamendments. client firm and shall not be the new employer contribution rate set by R.S.43:21-7.

        AsAn amendedAct andconcerning reported,contributions thisto billthe isunemployment identicalcompensation tofund Senateby Billemployee No.leasing companies and amending P.L.2013, c.225.

3003  (1R)     Be It Enacted by the Senate and General Assembly of the 2020-2021State session.of New Jersey:

  COMMITTEE     AMENDMENTS:1.    Section 3 of P.L.2013, c.225 (C.43:21-7.8) is amended to read as follows:

          The3.    committeea. amended the bill to change the effective date from immediately to January 1, 2021.

For purposes of the "unemployment compensation law," R.S.43:21-1 et seq., a covered employee is an employee of the employee leasing company.

An employee leasing company is responsible for the payment of contributions, surcharges, penalties, and interest assessed under the "unemployment compensation law," R.S.43:21-1 et seq.

on wages paid by the employee leasing company to the covered employees during the term of the employee leasing agreement.

An employee leasing company shall use the Entity Level Reporting Method to report and pay all required contributions to the unemployment compensation fund as required by R.S.43:21-7, unless the employee leasing company elects the Client Level Reporting Method under subsection c.

of this section.

An employee leasing company that does not initially elect the Client Level Reporting Method under subsection c.

may subsequently elect the Client Level Reporting Method.

An employee leasing company which, at sometime after the enactment of this act, elects to use the Client Level Reporting Method may switch back to the Entity Level Reporting Method in the future, but only with the approval of the department, which may not be granted to that employee leasing company more than one time.

An employee leasing company and any related "controlled group of corporations" as that term is defined in section 1563 of the federal Internal Revenue Code of 1986, 26 U.S.C.

s.

1563 shall use the same reporting method for all clients.

     b.    The Entity Level Reporting Method uses the State employer account number and contribution rate of the employee leasing company to report and pay all required contributions to the unemployment compensation fund as required by R.S.43:21-7 relating exclusively to covered employees.  The following provisions apply to an employee leasing company that reports under the Entity Level Reporting Method:

     (1)   The employee leasing company shall file all quarterly contribution and wage reports in accordance with R.S.43:21-7 using the state tax identification number and the contribution rate of the employee leasing company as determined under the "unemployment compensation law," R.S.43:21-1 et seq.;

     (2)   The employee leasing company and its client are subject to the provisions of R.S.43:21-7(c)(7), irrespective of whether there is common ownership, as follows:

     (a)   On July 1 of the year following the effective date of the employee leasing agreement, the department shall transfer the employment experience of the client company to the employee leasing company as a successor in interest, including any credit for past years, contributions paid, annual payrolls, or benefit charges applicable to the client company.  The employee leasing company, however, upon the effective date of the employee leasing agreement, shall immediately receive credit for prior contributions paid on behalf of and relating to the covered employees by the client company or, if applicable, another employee leasing company, against wages in the tax year in which the employee leasing agreement begins and shall be immediately subject to the existing rate of the employee leasing company.  The department shall provide to the employee leasing company, within 15 days of request, any data related to the client's prior unemployment insurance history, including but not limited to, contributions paid, annual payrolls and benefit charges, on or after the effective date of the employee leasing agreement.

     (b)   Upon dissolution of an employee leasing agreement, the department shall transfer all of the employment experience of the client company relating to covered employees as a successor in interest from the employee leasing company, including any credit for past years, contributions paid, annual payrolls, or benefit charges applicable to the client company.

The employee leasing company shall provide the department with the data the department deems necessary to make that transfer.

     (c)   On the first July 1 following the termination of an employee leasing agreement, the department shall transfer the employment experience relating to the client company to the succeeding employee leasing company, if any, as a successor in interest, including any credit for past years, contributions paid, annual payrolls, or benefit charges applicable to the client company.

The successor employee leasing company, however, upon the effective date of the employee leasing agreement, shall immediately receive credit for prior contributions paid on behalf of and relating to the covered employees by the predecessor employee leasing company, against wages in the tax year in which the new employee leasing agreement begins and the balance of wages due in the tax year shall be immediately subject to the existing rate of the successor employee leasing company.

The department shall provide to either employee leasing company, within 15 days of a written request, any data related to the client company's prior unemployment insurance history, including but not limited to, contributions paid, annual payrolls and benefit charges, on or after the effective date of the employee leasing agreement;

     (3)   Whenever the employee leasing company enters into an employee leasing agreement with a client company, the employee leasing company shall notify the department not later than 30 days after the end of the quarter in which the employee leasing agreement became effective;

and      (4)   The employee leasing company shall notify the department in writing on forms prescribed by the department not later than 30 days after the date of the following:

     (a)   The termination of an employee leasing agreement;

or      (b)   The employee leasing company elects the Client Level Reporting Method under subsection c.

of this section.

     Upon dissolution of an employee leasing agreement:

the client company's contribution rate and benefit experience shall be determined in accordance with subsection b.

of section 7 of P.L.2001, c.260 (C.34:8-73);

and the employee leasing company shall provide the department with the information required by subsection b.

of section 7 of P.L.2001, c.260 (C.34:8-73).

     c.     (1) An employee leasing company may elect to use the Client Level Reporting Method, [which uses] using the state employer account, account number and contribution rate of the client company to report and pay all required contributions to the unemployment compensation fund as required by R.S.43:21-7 relating exclusively to covered employees.