New Jersey § 43:21-19

§ 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) 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 (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 board worker on an election day 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. (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 wages received during

his base year base weeks (as defined in subsection (t) of this section) from that

most recent base year employer with whom he has established at least 20 base weeks,

by the number of base weeks in which such wages were earned. 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 (2) 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. For benefit years commencing on or after July 1, 1986, “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. (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.