COVID-19, Unemployment Insurance, and Unemployed Workers

▸ Welcome▸ Unemployment Insurance

Overview▸ Federal Policy Overview▸ Gig Workers▸ Pandemic Unemployment

Assistance▸ Immigrant Workers▸ Resources▸ Q&A

Agenda

Rebecca Dixon, NELP Executive Director

NELP provides legal expertise, research and policy analysis, and communications and coalition-building support to labor and worker organizations, policy makers, and economic justice advocates around the nation to improve labor standards and access to good jobs for working people.

About NELP

Michele Evermore, NELP Senior Researcher and Policy Analyst

Overview of Unemployment Insurance

Judy Conti, NELP Government Affairs Director

CARES Act Programs

Federal UI Priorities

Brian Chen, NELP Staff Attorney

UI tests for “employee” status

ABC test

A. Worker is free from employer’s control

B. Worker provides services outside the usual course of business of the company; and

C. Worker is customarily engaged in independently established trade

Right-to-control test

• Extent of control that hiring entity may exercise

• Skill required in particular occupation

• Whether hiring entity supplies tools and place of work

• Whether work is part of the regular business of the hiring entity

• And other factors…

On-demand worker carveouts from UI coverage

All marketplace platform workers

cannot receive UI (PUA applies)

TNC drivers cannot receive UI

(PUA applies)

No on-demand worker carveout

(UI should apply*)

Transportation Network Company

MarketplacePlatforms

UberLyft

UberLyftHandyDoor DashPostmatesInstacartEtc…

*In states with no carveout, we believe many app-based workers, under a fair reading of the law, are employees eligible for UI. However, the reality is that some states have already announced they will process app-based workers for PUA, not UI. Doing so may be the most expedient way to get benefits, especially since many app companies do not make wage data available to the states. Where state agencies have clearly expressed that app-based workers should apply for PUA, misclassified workers should follow that guidance.

Maurice Emsellem, NELP Fair Chance Program Director

Pandemic Unemployment Assistance (CARES Act)

PUA Covered Conditions

Rebecca Smith, NELP Director of Work Structures

The general rule is that workers must have valid work authorization at the time that they apply for benefits and throughout the period during which they are receiving benefits.

DOL says that workers must have work authorization during the base period.

DOL says workers must have work authorization

in order to be “able and available” to work.

Immigrant Worker Eligibility – State UI

Work authorization inherent in status: Lawful permanent residents Refugees Asylees, and some applicants Compact of Freely Associated States

Work Authorization: DACA recipients; TPS recipients and applicants Applicants for cancellation of removal.

Which Immigrants Qualify?

DOL considers federally-funded benefits differently and says only “qualified aliens” are eligible.

Lawful permanent residents

Refugees

Asylees

People granted withholding of removal;

Parolees for more than one year

Cuban/Haitian immigrants

Certain survivors of domestic violence 19

Immigrants’ Eligibility for Federally-Funded benefits

“public charge”Not implicated – these are earned benefits.

Nzingha Hooker, NELP Staff Attorney

Resources for Partners

Resources for State & Local Partners

Fact sheets

Issue Briefs

Toolkits

News Releases, Press Coverage

Take Action items

And more!

To subscribe, please send an email to nelp-uiadvocates-

subscribe@yahoogroups.com

COVID-19 Resources for Partners and Policymakers: NELP UI Listserv

Resources for Workers

Know Your Rights materials

Toolkits

Links to State UI websites, Legal Aid, and Mutual Aid sites

And more!

www.unemployedworkers.org

COVID-19 Resources for Unemployed and Frontline Workers

Connect with NELP

Question & Answer

Connect with NELP on social media:

Thank YouVisit www.nelp.org

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