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. 24, December 18, 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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