N.J. Admin. Code § 12:17-12.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 12:17-12.5 - Claimant engaged in a temporary business

(a) A claimant who seeks to augment his or her income through a temporary business may be eligible to receive unemployment benefits only if he or she is available for work, actively seeking employment and otherwise meets the eligibility requirements set forth in the Unemployment Compensation Law. "Temporary business" means any work performed by an unemployed person for the purpose of augmenting his or her unemployment benefits while actively seeking employment.

(b) In determining if an individual is available for work and eligible for benefits, the following criteria shall be considered:

1. Income received from the temporary business measured against both the prior salary the individual received and the salary sought in the work search;

2. The hours dedicated to the temporary business versus the efforts expended to seeking work in outside employment on the general labor market;

3. The continued availability of the individual to a broad range of employment appropriate to his or her skills, training and work experience; and

4. The accouterments (that is, furnishings, equipment and other investments) of permanent business established by the claimant.

(c) The fact that substantial income may not have been received during the start-up period of the individual's temporary business is not a determining factor in deciding whether the individual is available for work.

(d) The income received from a temporary, unincorporated business is not considered wages for unemployment benefit and contribution purposes.

N.J. Admin. Code § 12:17-12.5

Amended by R.2003 d.276, effective 7/7/2003.
See: 35 New Jersey Register 1527(a), 35 New Jersey Register 2874(b).
In (d), inserted ", unincorporated" following "temporary".