New York Employment Lawyer Blog

Recently, our New York Worker's Compensation Defense Attorneys have been seeing more employers being audited by the New York State Department of Labor, Unemployment Insurance Division for non-payment of employment taxes. Employers are required to pay 6.1 percent of each employee's first $8,500 in wages for unemployment insurance benefits taxes. The typical scenario occurs when a company has classified individuals as independent contractors instead of employees. It is possible that this classification was proper and legal but many employers are unprepared to defend and fight the audit. In some cases, employers decide to simply pay the alleged back taxes owed for unemployment insurance benefits so that they spend time running their business. This decision can have disastrous results as the New York State Department of Labor, Unemployment Insurance Division, shares its information with the New York State Worker's Compensation Board. Shortly after these companies decide to pay the unpaid unemployment insurance benefit taxes, which are generally not significant, they are surprised to learn that they hit with a tremendous bill (many times over $100,000.00) from the New York State Worker's Compensation Board. Critically, these employers defenses may be compromised from their earlier admission by paying the New York State Department of Labor taxes. Companies and employers must strategically consider all of its responses to government agencies especially agencies that could issue penalties in excess of $100,000.00.

Our New York Worker's Compensation Board Defense Attorneys have been fighting for businesses for years and removing and reducing penalties and judgments. Call now to speak with one of our New York Worker's Compensation Board Attorneys and learn how we can help protect your business (800) 893-9645.

If you are pregnant, willing and able to work, actively searching for employment, and also fulfill the criteria set forth below, you are eligible to collect unemployment insurance benefits ("UIB"). It is against Federal and State law to discriminate against or deny you UIB because you are pregnant.

UIB provides eligible workers with temporary income while they are actively searching for their next job. In order to be eligible for UIB, New York State law provides that you meet the following criteria:

• You are able and available for work and are actively seeking employment;

• You are not subject to any disqualifications or suspensions of benefits. For example, if you are retired, receiving a pension and are not actively searching for employment, you are not eligible for UIB;

• You worked and were paid wages for employment in at least two calendar quarters in your base period and were paid at least $1,600 in wages in one of the calendar quarters;

• You lost your job due to lack of work, reduction in the work force, company downsizing, or restructuring. You are ineligible for UIB if you quit your job or your were fired for violating company policy, procedure or for insubordination; and

• Your previously established benefit year has expired.

If you meet the above criteria, your pregnancy has no bearing on your right to collect UIB. In fact, you are not required to disclose your pregnancy unless it affects your ability to perform your job in your usual field of work. If your pregnancy prevents you from working, then you must inform the Telephone Claims Center. For example, if you are pregnant and lost your job and your physician says that due to pregnancy related medical reasons, you are unable to work, you cannot file a claim for UIB.

If you are being denied your right to UIB because you are pregnant or for any other discriminatory reasons, contact our experienced Labor and Employment Law Attorneys at (800) 893-9645 to determine if you have a valid claim. Our attorneys have helped thousands of employees collect their rightful benefits.

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