New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 71 - NEW JERSEY CALL CENTER JOBS ACT RULES
Subchapter 2 - CALL CENTER STAFFING; RELOCATION OR TRANSFER; NOTIFICATION
Section 12:71-2.1 - Maintenance of call center staffing level
Universal Citation: NJ Admin Code 12:71-2.1
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Each employer with a call center in New Jersey must maintain a staffing level capable of handling no less than 65 percent of customer volume of telephone calls, emails, or other electronic communications originating in New Jersey or an account with a service address in New Jersey, when measured against the previous six-month average volume of those operations.
(b) The following method shall be used to determine compliance with the requirement at (a) above:
1. First, calculate the average monthly
staffing level (in hours worked) necessary to handle 100 percent of customer volume
of telephone calls, emails, or other electronic communications originating in New
Jersey or an account with a service address in New Jersey over the immediately
preceding six-month period, by doing the following:
i. Tabulate the total hours worked for each of the
six months during the six-month period;
ii. Array each of the six monthly hours worked
totals from lowest to highest;
iii.
Discard the highest number and the lowest number; and
iv. Add the remaining monthly hours worked totals
together and divide the sum by four.
2. Second, multiply 0.65 by the number arrived at
in (b)1iv above, and round the resulting number to the nearest integer.
3. The number arrived at in (b)2 above is the
minimum average monthly staffing level (in hours worked) that the employer must
maintain during the then-current six-month period.
i. The "then-current six-month period" is not a
rolling six-month period; the measurement against the immediately preceding
six-month period does not occur on a monthly basis, but rather, occurs
semiannually.
ii. For an employer that
qualifies as of the July 1, 2020, effective date of the Act as an "employer" with a
call center in New Jersey, the first measurement under the Act and this chapter will
be of the average monthly staffing level during the six-month period from July 1,
2020 to December 31, 2020, against the average monthly staffing level during the
immediately preceding six-month period from January 1, 2020 to June 30,
2020.
iii. For an employer that
qualifies as an "employer" with a call center in New Jersey after the July 1, 2020,
effective date of the Act, the first measurement under the Act and this chapter will
be of the average monthly staffing level during the six-month period beginning on
the first day of the month in which the employer qualifies as an "employer" with a
call center in New Jersey (due either to the start of its business or having for the
first time exceeded the employee threshold for "employer"), against the average
monthly staffing level during the immediately preceding six-month period.
iv. The average staffing level during the
then-current six-month period will be calculated in the manner set forth at (b)1i,
ii, iii, and iv above.
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