Unemployment Benefits

News & Analysis as of

California Legislation 2014

California Governor Jerry Brown has signed into law a number of bills that will impact the employer community. Healthy Workplaces, Healthy Families Act of 2014—Paid Sick Leave (AB 1522) - On September 10, 2014,...more

Marijuana Users in Michigan Eligible for Unemployment

Medicinal marijuana users in Michigan who are lawfully terminated by their employer for failing a drug test are, according to the Michigan Court of Appeals, entitled to receive unemployment benefits....more

Marijuana Card Saves Unemployment Benefits, Not Job

In the rapidly evolving interplay between federal and state employment laws, state medical marijuana laws, and employer policies seeking to maintain drug-free workplaces, an appellate court in Michigan has just concluded that...more

Tips for Taking Advantage of California’s Extended Unemployment Appeal Deadline

Busy human resources (HR) managers will be relieved to know that California has done something to make their job just a little easier. The State of California recently enacted legislation extending the time period to appeal...more

Unemployment Claims: Do You Really Want To Fight It?

There are a lot of misconceptions regarding unemployment claims filed by recently-departed employees. This article will try to shed some light on them and help answer the common question: “Should we fight an unemployment...more

California Court: Exceeding Break Times and Falsifying Time Records Is Grounds for Disqualification from Unemployment Benefits

Irving v. California Unemployment Insurance Appeals Board, No. B243417 (September 12, 2014): The California Court of Appeal recently held that a former employee was not entitled to unemployment insurance benefits after being...more

Quirky Question #241, Working for Free In Montana At A Start-Up Business

Quirky Question - I was laid off by my Montana employer and I have decided to help my brother with his start up business. I will be a 50% owner but we are not going to take a salary until revenue is substantial. An...more

School District Found to Have Engaged in ‘Bait and Switch’ on Teaching Assistant Unemployment Benefits

In Tameka Gladney v. Mississippi Department of Employment Security, the Mississippi Court of Appeals reinstated a teacher assistant’s unemployment benefits finding that the district had been less than fair to her. At the end...more

Gavel to Gavel: Helpful to employers

The Oklahoma Legislature has again amended the Oklahoma Employment Security Act, which governs unemployment benefits. The act has been amended several times over recent years in several significant respects. Originally...more

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

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