Unemployment Benefits

News & Analysis as of

Nurse Fired for Refusing Flu Vaccine for Secular Reasons Entitled to Unemployment, New Jersey Appellate Division Holds

In Valent v. Board of Review, A-4980-11T2 (App. Div., June 5, 2014), the New Jersey Appellate Division ruled that a hospital employee who refused a flu shot for purely secular reasons was still eligible for unemployment...more

Single Act of Disobedience Does Not Disqualify Employee From Unemployment Benefits, California High Court Rules

On July 3, 2014, the California Supreme Court decided whether a single act of disobedience by an employee constitutes misconduct within the meaning of section 1256 of California’s Unemployment Insurance Code, thereby...more

UNEMPLOYMENT CLAIMS: Cursing employee denied unemployment benefits

Hard to believe, but this spring was the first time an Oklahoma case answered the question whether offensive language directed by an employee toward a supervisor disqualifies the fired employee from receiving unemployment...more

Weekly Update from the NC State House - June 2014: After giving its final approval to their version of the state budget just after...

Conflicting Budgets - After giving its final approval to their version of the state budget just after midnight Saturday morning, the Senate took a long weekend, not returning to Raleigh until Wednesday. The budget...more

Religious Institutions Update - Lex Est Sanctio Sancta

"Church plans" are pension plans (including defined benefit or defined contribution plans) exempt (without an irrevocable election) from many of the legal requirements of the Employee Retirement Income Security Act (ERISA)...more

New Jersey Bill Expanding Prohibition On Discrimination Against Unemployed Advances In State Legislature

Executive Summary: A bill which would expand existing laws to prohibit discrimination against the unemployed is progressing in the New Jersey state legislature, having been approved by the Senate and reported favorably out...more

Utah Unemployment Law Update - Part 2

In this Issue: - Mobile Phone / Driving Laws - Unemployment Benefits - Facts - Procedural History - The Law - Court of Appeals Decision - Takeaway - Wrongful Termination - Religious...more

New Minnesota Law Should Prompt Employers To Review and Modify Employee Handbooks and Practices

This week, the Minnesota Governor signed the Women’s Economic Security Act (“WESA”) into law. The WESA makes a sweeping variety of changes and additions to Minnesota law aimed at protecting women’s economic security. These...more

Fannie Mae Clarifies Unemployment Benefits Eligibility For Refinance Loans

On May 6, Fannie Mae issued Selling Guide Announcement SEL-2014-04, which makes clear, effective immediately, that unemployment benefits may be used in qualifying an applicant for a DU Refi Plus or Refi Plus loan whether they...more

Legislature clarifies ‘misconduct’ definition for denial of unemployment claims

For the second time in two years, the Oklahoma Legislature has passed reform related to the definition of “misconduct” as defined in the Employment Security Act. The reform provides clarification to employers as to which...more

Will the Star Quarterback Be Sacked by the Taxman?

On March 26, 2014, a regional director of the National Labor Relations Board (NLRB) decided scholarship football players at Northwestern University are employees because they “perform services for the benefit of the employer...more

Tennessee Unemployment Reform: Still a Boon for Business

Nearly two years ago, on May 9, 2012, Tennessee's Unemployment Insurance Accountability Act (the Act) was signed into law by Governor Bill Haslam. Before 2012, claimants who were terminated for "misconduct" were disqualified...more

U.S. Supreme Court’s Severance Ruling Impacts Future Unemployment Benefits

The decision in Quality Stores not only kills FICA tax refunds for millions of unemployed workers, but it also requires proactive employer actions to maximize future employer and state unemployment benefit payments to...more

Changes to Pennsylvania's Unemployment Compensation Law May Require Employers to Provide Response to Unemployment Information...

Some changes in Pennsylvania's Unemployment Compensation Law (the "UC Law") have sparked debate as to how the changes may impact employers....more

IRS Wins One At Supreme Court: Severance Pay Is Subject To FICA Tax

I blogged about the Quality Stores decision which at the district court and court of appeals levels held that certain severance payments were not subject to FICA (Social Security) taxes. The IRS had challenged the employer in...more

New Jersey Legislators To Withhold Payment From State Vendors That Owe Unemployment Contributions

On February 27, 2014, the chair of the state Senate Labor Committee proposed a bill that would withhold payments by the state to vendors that are delinquent in their unemployment insurance contributions....more

Employers Who Paid FICA Taxes on Severance Pay in 2010 Should Consider Filing Protective Refund Claims by April 15, 2014

The Supreme Court has yet to issue a ruling in the Quality Stores case to decide whether supplemental unemployment compensation benefit payments—a term which includes severance pay—should be subject to FICA taxes. We have...more

Governor Signs Law Providing New Jersey Employee Leasing Companies With Choice For Unemployment Insurance Taxes

In the January 2014 issue of the New Jersey eAuthority, we reported that the Senate had introduced a bill (S3087) that would permit employee leasing companies to have their unemployment insurance taxes determined on the basis...more

Governor Signs Law Modifying New Jersey “Shared Work Programs”

On January 22, 2014, Governor Chris Christie signed into law a bill (S2741) that modifies short-time unemployment benefits as they relate to employees in shared work programs. “Shared work programs” refer to programs...more

Maximum Weekly Benefits For New Jersey Unemployment, Temporary Disability And Family Leave Insurance, And Workers’ Compensation...

Effective January 1, 2014, the maximum weekly benefit for individuals eligible to collect unemployment insurance increased from $624 to $636; the maximum weekly benefit for state plan temporary disability and family leave...more

Public Sector Outsourcing: Events and Lessons from 2013

2013 was not a stellar year for public sector outsourcing. As we reported in an earlier blog article, Indiana is appealing judgment in an ongoing court battle with IBM over a troubled welfare claims processing project....more

Neues zur Arbeitsbescheinigung

Bisher musste der Arbeitgeber bei jeder Beendigung des Arbeitsverhältnisses eine Arbeitsbescheinigung ausstellen, die alle notwendigen Angaben für die Gewährung von Arbeitslosengeld enthielt. Tatsächlich beantragt aber weit...more

Bill Would Provide New Jersey Employee Leasing Companies With Choice For Unemployment Insurance Taxes

On December 5, 2013, the Senate introduced a bill (S3087) that would permit employee leasing companies to have their unemployment insurance taxes determined on the basis of their client company’s experience rating. Under...more

Georgia May Give Employers Three Strikes for Failing to Respond to Unemployment Claim Notices But Other States are Not as Lenient

Due to the recession, unemployment insurance (UI) claims significantly increased. UI claims weren’t the only thing to increase, however. The percentage of estimated UI benefit overpayment also increased. In light of these and...more

Massachusetts Federal District Court Decision Reminds Employers Yet Again That They Should Not Trifle With the Independent...

Not gonna happen. That’s what the United States District Court for the District of Massachusetts basically concluded about independent contractor arrangements in Massachusetts....more

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