Unemployment Benefits

News & Analysis as of

Uber and IC Misclassification in New York: The Other Shoe May Be Dropping

The New York Times today reported that the New York State Department of Labor has found two Uber drivers as eligible for unemployment benefits after having rejected the company’s argument that the drivers are independent...more

Hurricane season brings unique employer issues

In the aftermath of Hurricane Matthew, evacuation orders are lifting and recovery efforts are in their early stages. Employers are facing a number of storm-related issues as they prepare to resume normal operations. Here...more

New Jersey Senate Approves Legislation Extending Unemployment Benefits to Striking Workers

Under current New Jersey law, most individuals who are unemployed due to a stoppage of work are disqualified from unemployment benefits. While the New Jersey Supreme Court held that strikers are entitled to unemployment...more

IRS Informally Rules on Taxability of Short-Week Supplemental Unemployment Benefits

In Chief Counsel Advice 201634023, released Aug. 19, 2016, the IRS Office of Chief Counsel expressed its informal view (in the form of an email to an IRS employee) that “short-week” supplemental unemployment benefits (SUB)...more

The ABC’s Of Worker Classification Are Once Again Before The Connecticut Supreme Court

We have blogged before about the “ABC Test,” used in Connecticut to determine whether a worker is considered an employee for purposes of eligibility for unemployment compensation benefits. Most recently, my partner Michael...more

Commonsense Misconduct Not so "Common": Illinois Supreme Court Significantly Narrows Use of Commonsense Rationale in Employee...

In the absence of a rule prohibiting specific conduct, employers can no longer rely merely on what one would deem "commonsense" to deny unemployment benefits. In Petrovic v. Department of Employment Security, the Illinois...more

Brazil Labor & Employment Update

Recently published information shows that Brazil’s economic struggle continues to affect employment. According to information provided by the agency IBGE, the unemployment rate after the first quarter of 2016 was 11.2%, with...more

Be Aware Belgium June 2016

During recent years, an increasing number of people has started to use the electronic bicycle, not only for recreational purposes, but also for commuting. The question therefore arises what contribution to the commuting costs...more

Employment Law Letter - Summer 2016

Last year the General Assembly enacted legislation prohibiting all public and private sector employers from disciplining an employee for “discussing the amount of his or her wages [or] inquiring about the wages of another...more

@Work: Your HR and Employment Law Update - June 2016

With the Ohio Senate’s passage of House Bill 523 on May 25, 2016, Ohio is poised to become the nation’s 25th state to legalize medicinal marijuana. Although the proposed state law provides direction for employers, a new OSHA...more

New Jersey Legislative Update, Part II: What’s in the Works for New Jersey Employers?

A Higher Minimum Wage in Certain Counties - On March 14, 2016, a bill (A3471) was introduced that would require all employers in Essex, Hudson, Camden, Mercer, and Middlesex counties to pay their employees at least...more

New employment rates and limits

From 6 April 2016, new employment rates and limits came into effect for 2016/17...more

March 2016 Independent Contractor Misclassification and Compliance News Update

The cases reported in this update continue to reflect the fact that IC misclassification cases cut across virtually all industries. Below are IC misclassification cases from such diverse industries as insurance, ride-sharing,...more

Minnesota Weekly Legislative Update: 03/25/2016

The Minnesota Legislature had a short week, with no official business on Friday due to their Easter recess. The legislature will return on Tuesday, March 29, at noon. This week, committees continued to hear budget details...more

Fast Pace for Third Week of Session

Lawmakers begin a short Easter recess today and will return to the Capitol on Tuesday. Real ID - The Minnesota Senate voted overwhelmingly Monday to direct the Department of Public Safety (DPS) to study how to bring...more

Minnesota Weekly Legislative Update: 03/11/2016

The second year of the 89th Session of the Minnesota Legislature began Tuesday, March 8, 2016. Only 10 weeks remain in the brief legislative session. This first week of session highlighted the significant partisan divide with...more

Illinois Legislative Changes and a State Supreme Court Decision Substantially Help Employers Challenge Unemployment Claims

Two recent developments substantially affect unemployment benefits in Illinois. First, on January 3, 2016, the Illinois Unemployment Insurance Act (820 ILCS 405/602(A)) (“Act”) was amended to make it much easier for employers...more

Illinois Supreme Court Narrows Misconduct Disqualification for Unemployment Benefits

The Illinois Unemployment Insurance Act (Act) provides that employees who are discharged for "misconduct" are ineligible for unemployment benefits. In Petrovic v. Department of Employment Security, 2016 IL 118562, decided...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Turkey

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? When an undertaking/business is transferred to a new entity all existing employment contracts are automatically transferred to the new entity....more

Florida DEO Says Uber Drivers are Independent Contractors

For anyone following the employee versus independent contractor battles, Uber just scored in Florida. The Florida Department of Economic Opportunity (DEO) says Uber drivers are independent contractors and are not entitled to...more

Successful Strategies for Doing Business in Asia: Vietnam (Updated)

WHAT ROLE WILL THE GOVERNMENT OF VIETNAM PLAY IN APPROVING AND REGULATING FOREIGN DIRECT INVESTMENT? The Ministry of Planning and Investment (MPI) is the central administrative body that oversees all investment...more

NC Toughens Unemployment Benefit Eligibility Rules

On Thursday, Governor McCrory signed legislation intended to combat fraudulent unemployment insurance benefit claims. Among other changes, the new law attempts to combat UI fraud through two new measures. ...more

Corporate Divorce: Is Unemployment Like Alimony?

In my last article I promised to examine as part of my Corporate Divorce Series whether alimony (though the politically correct term these days is “spousal support”) is like unemployment (I’m pretty sure it is still...more

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

“Most Workers Are Employees” – DOL Issues Guidance on Misclassification of Workers as Independent Contractors

The U.S. Department of Labor (DOL) issued guidance today alerting employers that “most workers are employees” under the Fair Labor Standards Act (FLSA), and reminding employers that the correct classification of workers as...more

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