News & Analysis as of

Employer Properly Challenged CUIAB’s Determination That Worker Was Not An Independent Contractor

After leaving his job as a massage therapist at West Hollywood Community Health & Fitness Center (d/b/a “Voda Spa”), Mario Serban applied for unemployment benefits. The Employment Development Department sent Voda Spa a letter...more

Employer May Obtain Judicial Review of California Unemployment Insurance Appeals Board Decision

West Hollywood Community Health and Fitness Center v. California Unemployment Insurance Appeals Board, No. B248641 (December 5, 2014): A California Court of Appeal recently reversed a trial court’s dismissal of a writ of...more

Illinois Appellate Court Finds Admitted Off-Duty Marijuana Use Does Not Bar Unemployment Insurance Benefits

Is an employee entitled to receive unemployment insurance benefits after being terminated for admittedly smoking marijuana while on vacation? According to a recent, and counter-intuitive, decision by the Illinois Appellate...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

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

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

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

Recent Changes To New York Unemployment Insurance

As we ring in the New Year, New York State employers should be mindful of significant changes to the New York State Unemployment Insurance Law. As a result of the economic downturn, the New York State Unemployment Insurance...more

New York Employers Beware: Do Not Delay In Returning Unemployment Insurance Forms!

New York employers recently received a letter from Carlton N. Boom, director, Unemployment Insurance Division, New York State Department of Labor, announcing changes in the unemployment insurance law. According to the letter,...more

New Jersey DOL Proposes Rule To Require Unemployment Applicants To Register For Work And Engage In Other Work Search Related...

Currently, an unemployment claimant must simply report to the Division of Unemployment Insurance by telephone, Internet, or mail as directed by the Division to be eligible for unemployment benefits....more

Definition Of “Unemployment” In The Context Of Eligibility For Unemployment Insurance Benefits Is Amended

Louisiana Employment Security Law defined “unemployment” for purposes of collecting unemployment compensation benefits, itemizing a number of familial relationships to a principal or controlling stockholder or principal...more

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