Re-Opening in New York

Re-Opening in New York

Many businesses starting to re-open are not at 100% capacity or are subject to restrictions which causes them to need less labor.  In New York, there is a Shared Work program which allows employers to keep their employees while allowing them to receive partial Unemployment Insurance Benefits while working reduced hours.  To read more about this program click here:  https://dol.ny.gov/shared-work-program-0

Also, as employers are starting to re-open their businesses, many employers are faced with the problem that their employees may not want to come back to work.  The US Department of Labor is asking employers to cooperate with their state agencies to prevent unemployment fraud in situations where employers offer to have their employees come back to work, however, the employees refuse to do so.  Employers should be aware that they may be obligated to report refusals of suitable work to state unemployment agencies.  It is also important to note that your business’ experience rating may be adversely affected the longer an employee receives unemployment benefits, potentially increasing your state unemployment insurance rates in future years.

In New York, refusals may be mailed, faxed or submitted on their Online Services Account.  https://www.labor.ny.gov/formsdocs/ui/P820.pdf

https://dol.ny.gov/covid-19-frequently-asked-questions-employers

Not all states have a formal refusal reporting procedure so it is important to check on the respective state’s website for further information.

Please be sure to consult with your labor law attorney or HR consultant regarding other requirements relative to these programs and surrounding unemployment/re-employment procedures.

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