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New York State Department Of Labor

New York will not extend federal unemployment
  • Roberta Reardon, Commissioner of Labor
Key document

The New York State Department of Labor is the department of the New York state government that enforces labor law and administers unemployment benefits.

The mission of the New York State Department of Labor is to protect workers, assist the unemployed and connect job seekers to jobs, according to its website. It works to ensure a fair wage for all workers, protect the safety and health of workers and the public, help the unemployed via temporary payments , link job seekers with employers, and guide workers to training. Its regulations are compiled in title 12 of the New York Codes, Rules and Regulations.

The NYS Department of Labor of today came as a direct result of the Triangle Shirtwaist Factory Fire, which took place on March 25, 1911.

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New York Unemployment Tips

1 Q: Where do I apply for unemployment?A: In general, you should apply for unemployment in the same state in which you work. So even if you live in New Jersey, if you work in New York, you should apply in New York.

How to Apply:

You can apply for unemployment either online or by phone.

  • Applying Online:

    • If you have not already attempted to file, go to the New York State Unemployment login page.
    • If you have successfully filed a claim, continue to go to to make weekly certifications or to view your claim information.
  • Applying by Phone:
    • If you have to call the telephone claims center regarding your claim, call from Monday thru Friday, 8:00 AM – 6:00 PM.
  • If you have any issues come back and complete this Union Survey. We want to know how many hotel and gaming workers are having trouble getting their unemployment benefits processed. We will attempt to use the information we are getting from you to communicate with New York State so they can continue to make improvements.

2 Q: Can I apply for unemployment if I have been temporarily laid-off?A: Yes, you can and it is crucial that you apply as soon as you are laid-off. If you apply before you are laid off , they will very likely reject your application and that will delay when you can start collecting your benefit. New York State requires a one-week waiting period for which you will not receive unemployment benefits.

How many days were you owed vacation pay, or did you receive vacation pay?

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Do You Meet The Minimum Earnings Requirement

Virtually all states look at your recent work history and earnings during a one-year “base period” to determine your eligibility for unemployment compensation. In New York, as in most states, the base period is the earliest four of the five complete calendar quarters before you filed your claim for benefits. For example, if you filed your claim in October of 2020, the base period would be from June 1, 2019, through May 31, 2020.

New York recognizes an alternate base period for those who can’t meet the earnings requirements in the regular base period. The alternate base period is the last four completed quarters before the person files for unemployment. This alternate period takes more recent employment into account. Even filers who qualify using the regular base period can ask the agency to instead use the alternate base period to calculate their benefits, if that would result in a higher weekly amount.

During the base period, your work history and earnings must meet all three of the following requirements:

How Do Unemployment Benefits Work In New York

Cayuga County jobless rate drops in April

Unemployment insurance is a joint program between the federal and state governments intended to provide out-of-work Americans with financial support until they can find a new job. Like all other states, New York makes its own rules for administering its unemployment insurance benefits program but follows guidelines set by federal law.

The New York State Department of Labor oversees unemployment benefits in the state. The easiest way to file a new unemployment claim is through the agencys online system, but you can also file by calling its claim center.

Typically, New York state law allows eligible residents who are unemployed through no fault of their own to receive weekly unemployment benefits for up to 26 weeks during a one-year period. However, states may choose to revise their benefits in times of economic crisis, and the federal government may help fund extended state benefits during such times.

Employers pay for benefits in New York, not workers. But the department of labor determines whether youre eligible to receive benefits.

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Frequently Asked Questions On Unemployment Claims

Find the latest Frequently Asked Questions on Unemployment Insurance here:

Q: I filed a claim, what next?

A: For each week you wish to receive benefits, you must request payment by claiming benefits for that week. Go to How do I claim? for details. Before we can pay any benefits, you must serve an unpaid waiting period. This equals one full week of unemployment benefits. You must claim credit for your unpaid waiting week during the period that:

  • Begins on the first Sunday after you file your claim and
  • Ends the next Saturday

The waiting period is waived now for COVID-19

Each week that you are unemployed, you must request payment if you want to receive unemployment benefits. You certify that weekly claim on Sunday, for the week ending that day.

Q: How do I claim my weekly benefits?

A: See the Guide for Claiming Weekly Unemployment Insurance Benefits Fact Sheet

You may claim your weekly unemployment benefits:

  • On the web with your NY.GOV ID
  • , using a touch-tone phone

Both systems are available in English and Spanish.If you use TTY/TDD equipment, call a relay operator first at 800-662-1220, and ask the operator to call the Telephone Claims Center at 888-783-1370.If you are claiming weekly benefits on-line, you may do so:

Beginning Sunday, 3/29 – all dayMonday through Friday 7:30 am to midnightSaturday – all day

To fax your request, send to 457-9378. By mail send to:New York State Department of LaborPO Box 15130Albany, NY 12212-5130

Unemployment Insurance Claimant Advocate Office

The Claimant Advocate Office operates within the Department of Labors Unemployment Insurance Division, separate from the Telephone Claims Center . Advocates provide free, impartial and confidential services that help claimants, particularly those with limited English proficiency or other barriers, understand their rights and responsibilities under Unemployment Insurance Law.

New York State Department of Labor, P.O. Box 15130, Albany, NY 12212-5130

Fax:

457-9378. Be sure that your Social Security number appears at the top right hand corner on all pages. Save your fax confirmation sheet as we do not confirm the receipt of a fax or written correspondence.

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New York May Not Repay Its Ui Debt Until 2027 Being Potentially In Debt At The Start Of The Next Recession

New Yorks UI Trust Fund likely will return to a positive balance in 2027, based on CBCs analysis of past average UI tax rates and benefit payments, coupled with projected employment and personal income growth.21 Since New York States average economic expansion has been just under six years since 1975, the State may well enter the next recession with either a negative or low balance in its Trust Fund. This would lead to another cycle of borrowing from the federal government to meet rising UI claims.22

Your New York State Form 1099

NYS Overwhelmed By Unemployment Claims

Your New York State Form 1099-G statement reflects the amount of state and local taxes you overpaid through withholding or estimated tax payments. For most people, the amount shown on their 2021 New York State Form 1099-G statement is the same as the 2020 New York State income tax refund they actually received.

If you do not have a New York State Form 1099-G statement, even though you received a refund, or your New York State Form 1099-G statement amount is different from your refund amount, see More information about 1099-G.

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Expanded Unemployment In New York During The Covid

On March 11, 2021, President Biden signed into law a $1.9 trillion COVID-19 relief bill known as the American Rescue Plan .

Under ARP, the $300 per week federal unemployment supplement is extended until September 6, 2021.

The law also extends two unemployment programs originally created by the CARES Act in March 2020: Pandemic Unemployment Assistance and Pandemic Emergency Unemployment Compensation .

Under the PUA program, self-employed workersusually excluded from unemployment benefitsare entitled to unemployment if they meet certain criteria. ARP makes PUA benefits available through Labor Day 2021, and increases the maximum duration of these benefits from 50 to 79 weeks.

The PEUC program provides for a federally-funded extension of benefits when state unemployment benefits expire. ARP increases the maximum duration of PEUC benefits from 24 to 53 weeks, with an expiry date of September 4, 2021.

For up-to-date information on New York’s rules on unemployment eligibility and amounts during the COVID-19 pandemic, visit the state Department of Labor’s Unemployment page.

State Emergency Management Office

Below the Harriman Campus is a two-story designed to withstand a , adjacent to the State Police Headquarters. This bunker was built over 40 years ago to assure continuation of the government of the state of New York in case of an emergency during the . As originally built it was to accommodate 400 people for up to two weeks, during the late 1990s it received a $1 million renovation to house the State Emergency Management Office in response to concerns over the . It has been brought to full-operation multiple times, including the following: once on January 1, 2000 to monitor the Y2K bug, then again after the , and again during both responses to & and . It is a fully functional emergency management office, housing the state coordination center, or , and manages disaster response for the State of New York, as warranted.

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How Can I Qualify For New York Unemployment Benefits

To be eligible for unemployment benefits in New York, you must

  • Be unemployed through no fault of your own
  • Meet requirements for prior earnings

To continue receiving benefits after youre approved for them, you typically must meet these requirements.

  • Be ready, willing and able to work immediately while actively seeking work
  • Claim weekly benefits and certify eligibility for each week of unemployment
  • Attend all required appointments at a local career center

New York Lost At Least $11 Billion In Overpaid Unemployment During The Pandemic Dinapoli Says

New York county unemployment rates for August 2016, ranked

New York Comptroller Tom DiNapoli.

A New York State Comptrollers Office report on the states unemployment insurance system during the COVID-19 pandemic finds that the system was woefully unprepared to handle the volume of requests in the spring of 2020, when everything shut down, and handed out at least $11 billion in overpayments.

In an interview, Comptroller Tom DiNapoli said the system has a history of issues. He said his office found in 2015 that the states computer system that checked IDs and handed out unemployment payments was outdated. He also said the department, then part of the administration of former Gov. Andrew Cuomo, was very slow to implement upgrades.

And during the pandemic, the system broke down, he said.

At the time, many New Yorkers complained that they could not get through to the department to even apply for benefits, either online or by phone.

The audit found that when the money did go out, there was poor accountability and even cases of outright fraud committed against the department, resulting in a loss of at least $11 billion.

DiNapoli said its difficult to determine the exact amount because, he said, officials at the department were slow to give his auditors the information they needed, and in some cases, did not provide it at all.

They dragged their feet on responding, DiNapoli said. And very often they were not responsive.

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Statement From Senator Borrello On Comptroller Dinapolis Report

Jamestown, NY In the wake of a report released by New York State Comptroller Thomas DiNapoli that found negligence and mismanagement in the handling of unemployment claims at the New York State Department of Labor during the pandemic, State Senator George Borrello issued the following statement:

The audit released today by Comptroller DiNapoli exposes the incompetence that characterized the Department of Labors response to the pandemic-driven demand for benefits.

The report confirms that there were red flags years before this crisis struck, which were ignored by leadership and allowed to worsen in the years leading up to the pandemic. Those of us whose office staffs fielded calls day and night from desperate New Yorkers who were frustrated with unending busy signals, system crashes, incorrect payments and ignored reports of fraud arent surprised at these findings. While the labor departments front-line staff tried diligently to help us resolve claims, the failure of an outdated system and inept administration were constant obstacles.

I urge our newly-elected governor to demonstrate true leadership by acknowledging the states role in the unemployment insurance catastrophe and working with legislators on a plan for paying the states debt and restoring the UI fund to solvency. Passing the buck to New York businesses is not only grossly unjust, it will hurt New Yorks economy, consumers and recovery.

State Ui Tax Rates Have Already Increased Federal Rates Will Increase Next

New Yorks State UI tax rates have already increased, and federal rates will increase soon. In January 2021, the New York Department of Labor increased State UI tax rates to their highest possible levels, as required by State law. Specifically, in 2021, the minimum State rate increased from 0.6 percent to 2.1 percent , and the maximum State rate increased from 7.9 percent to 9.9 percent .16 As a result, the average State UI rate on employers increased from 2.2 percent in 2019 to 3.6 percent in 2021, an increase of 64 percent, from $292.80 to $466.80 per employee. New Yorks State UI tax rates will stay at these elevated levels until the States UI Trust Fund balance is positive.

The federal UI tax rate will increase if New York is in debt on November 10, 2022, with employers facing a FUTA credit reduction of 0.3 percentage pointsretroactively raising the effective federal rate to 0.9 percent for 2022. Further annual 0.3 percentage point reductions will occur until the debt is paid off.17

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Responses By Other States

On January 1, 2021, 18 states and territories had outstanding loans with the federal UTF as of May 31, 2022, there were seven states and territories with outstanding advances.9 On that date, loans drawn by California and New York summed to almost $25.8 billion, representing nearly 86 percent of the total balance in the United States Illinois and Massachusetts held balances of about $1.8 billion each.

FIGURE 3: States Outstanding Balances with the Federal UTF

States have addressed their outstanding advances with the federal UTF by using surplus funding, issuing bonds, and modifying tax rates. In addition, the National Conference of State Legislatures notes that 20 states have used ARP Act State Fiscal Recovery Funds to repay these loans and/or replenish state UI funds.10 States that have taken such actions since September 2021 include Nevada, Ohio, Maryland, Texas and Minnesota.11

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Frustrations continue with NYS unemployment claims

“I find it ironic that this audit was released a week after New Yorkers headed to the polls in an election that was among the closest in New York’s recent history,” Tenney, R-Canandaigua, said. “Just as concerning is that the report found at least $11 billion in COVID-19 unemployment insurance fraud.

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W Averell Harriman State Office Building Campus

The W. Averell Harriman State Office Building Campus is an in western , , that houses sixteen office buildings. The land totals roughly 330 acres and over 3 million square feet of office space, and about 7,000 state employees work there. The campus was built during the 1950s and 1960s in a suburban, car-oriented style bordered by an outer that cuts the campus off from the surrounding neighborhoods. The campus is flanked by to the north, Western Avenue to the south, to the west, and to the east. With its own steam generation power plant for cooling and heating the campus is mostly self-sufficient.

Are You Available And Actively Searching For Work

To maintain your eligibility for unemployment benefits, you must be able to work, available to work, and looking for work. If you are offered a suitable position, you must accept it. A suitable position is one for which you are a fit based on your training and experience. Even if the position pays less than what you used to make, you may not turn it down for this reason as long as it pays the prevailing wage for similar work.

You must keep written records of your job search efforts. If you are asked to come in to the state agency for a personal interview, you may be asked to bring these records.

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