Unemployment Insurance

News & Analysis as of

Insubordination Can Disqualify an Employee From Unemployment Compensation Benefits

Unemployment compensation is a form of social insurance. Workers who lose their jobs receive benefits – which are less than they earned when employed – to provide a level of income while transitioning to the next job. ...more

Don’t Turn Unemployment Compensation Into Unemployment Complication

Unemployment comp.  Not the sexiest of topics.  But I get a lot of questions from employers on the issue, the appropriate resolution of which would spare me a lot of stress when a termination-related case lands on my desk.  ...more

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

Best Practices for Handling Unemployment Compensation Claims Part 3: Appeals, Legal Counsel, & Quarterly Reports

Pennsylvania employers can achieve positive results and realize other important gains by wisely and effectively responding to, and when appropriate, contesting unemployment compensation claims. This post is Part 3 of a 3 part...more

Best Practices for Handling Unemployment Compensation Claims Part 1: Responding to the Initial UC Claim and Appealing the Initial...

Pennsylvania employers can achieve positive results and realize other important gains by wisely and effectively responding to, and when appropriate, contesting unemployment compensation claims. This post is Part 1 of a 3 part...more

DOL Refills States’ War Chests for Independent Contractor Misclassification Crackdown

The U.S. Department of Labor has awarded $10.2 million in grants to 19 states for continued independent contractor misclassification detection and enforcement. The grants are focused on unemployment insurance programs and,...more

Massachusetts Adopts Legislative Reforms

The new legislation adds to employer requirements and now provides for sick leave, increased minimum wage, domestic violence victim leave, and unemployment changes....more

$10.2 Million Awarded by DOL to Detect Worker Misclassification

Recently, the U.S. Department of Labor announced awards of $10,225,183 in grants to 19 states to implement or improve worker misclassification detection and enforcement initiatives in their unemployment insurance programs. ...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

Massachusetts Legislature Passes Minimum Wage Increase and Economic Development Package

In a previous article, “Massachusetts Legislature Considers Unemployment Insurance Reform and Minimum Wage Increase,” we outlined the Massachusetts House and Senate’s separate plans to increase the minimum wage and reform the...more

Act Now Advisory: Changes to New York State's Unemployment Insurance Laws May Affect Employers' Severance Procedures and How...

In response to a federal mandate requiring states to restructure their unemployment insurance ("UI") laws to reduce government spending on UI benefits, New York State has amended its law in a way that may cause New York...more

Many Employers Will Owe Increased Unemployment Tax

Executive Summary: Employers in 15 states (and the Virgin Islands) may not be eligible to claim the maximum amount of credit for state unemployment contributions on their 2014 federal unemployment tax (FUTA) return (Form 940)...more

New York, Unemployment, and Severance Agreements

Before offering severance to a departing employee, New York employers should be aware of recent changes to the New York unemployment insurance law. These changes may affect both the timing and language of the severance...more

Massachusetts Legislature Considers Unemployment Insurance Reform and Minimum Wage Increase

Increasing the minimum wage and reforming the unemployment insurance (“UI”) system in Massachusetts are the two major employment issues facing the 2013–2014 Legislature, which comes to a close on July 31, 2014. The Senate and...more

Increase in UK Employment Protection Awards

The compensation limits on Employment Tribunal awards and certain other amounts payable under UK employment legislation will increase as of 6 April 2014. The key changes are set out below....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

North Carolina Unemployment Insurance Reform

In this Presentation: - The Push for Reform - House Bill 4 - Increased UI Tax Rates - Reduction in Weekly Benefit Amount - Reduction in Duration of Benefits - Waiting Week for Each...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

New York Employers Face Far-Reaching Employment Law Changes in 2014

The arrival of 2014 has already ushered in major reforms to New York’s employment law landscape, with broad ramifications, particularly for New York City employers. The sweeping changes to the state’s minimum wage 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

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