New York State employers are reminded that, under an expansion of the law that took effect in late 2023, they are required to provide all separating employees with an updated Record of Employment (Form IA 12.3) for purposes of state Unemployment Insurance benefits.

Specifically, NY employers are required to provide the updated form to all workers who resign or are permanently, indefinitely or temporarily laid off, discharged, or have their hours reduced to 30 or less each week and are below a minimum gross pay threshold of $504 per week.  Employers must complete the information in the top block, including the employer’s name, address, federal Employer Identification Number (EIN), NYS Employer Registration number, the location where payroll records are maintained, and the date the form was provided to the departing employee.

It has long been a requirement for employers to provide the Record of Employment form to employees being permanently or indefinitely separated or where a temporary separation is expected to result in more than three days of unemployment in a week where the employee’s compensation would drop below the statutory threshold.  Now, under the amendment to the law that took effect in November 2023 employers must also provide the form in cases of temporary unemployment and in the case of any reduction in hours below 30 in a week where the employee earns less than $504 per week.  This includes where work schedules may change weekly (such as variable shifts).

More information on these updates can be found on the NYS Department of Labor website here.

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Photo of Evandro Gigante Evandro Gigante

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of…

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of race, gender, national origin, disability and religious discrimination, sexual harassment, wrongful discharge, defamation and breach of contract. Evandro also counsels employers through reductions-in-force and advises clients on restrictive covenant issues, such as confidentiality, non-compete and non-solicit agreements.

With a focus on discrimination and harassment matters, Evandro has extensive experience representing clients before federal and state courts. He has tried cases in court and before arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions.

Photo of Laura Fant Laura Fant

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns…

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns, with a focus on legal compliance, risk management and mitigation strategies, and workplace culture considerations.

Laura regularly counsels clients across numerous industries on a wide variety of employment matters involving recruitment and hiring, employee leave and reasonable accommodation issues, performance management, and termination of employment . She also advises on preparing, implementing and enforcing employment and separation agreements, employee handbooks and company policies, as well as provides training on topics including discrimination and harassment in the workplace. Laura is a frequent contributor to Proskauer’s Law and the Workplace blog and The Proskauer Brief podcast.