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Just went through this last year - the registration process with NYS Department of Labor was actually pretty straightforward once I got all my paperwork together. Make sure you have your federal EIN ready and know your NAICS code for your industry classification.
One thing to keep in mind is that New York has some specific thresholds for when you need to register. Generally, you need to register for unemployment insurance once you pay wages of $300 or more in any calendar quarter, or if you have one or more employees for some portion of a day in each of 20 different weeks (doesn't have to be consecutive). The rates for new employers are typically around 4.1% for most industries, but like others mentioned, this can change based on your claims experience after a few years.
One thing to remember is that your unemployment insurance rate will change over time based on your experience rating. If you have a lot of former employees filing claims, your rate goes up. If you have few claims, it goes down. So there's an incentive to be careful about hiring and to document any performance issues properly in case you need to contest a claim later.
As someone who just went through setting up unemployment insurance for my small business, I'd recommend calling NYS Department of Labor directly to confirm your industry classification - that affects your initial rate. Also make sure you understand the difference between independent contractors and employees because misclassifying workers can lead to big penalties. The quarterly reporting deadlines are strict so set up reminders. One more tip: even if you only have one employee now, start keeping detailed personnel files from day one including job descriptions, performance reviews, and any disciplinary actions. You'll thank yourself later if you ever need to contest a claim.
This is really helpful advice! I'm also a new small business owner and had no idea about the industry classification affecting the rate. When you called NYS Department of Labor, were you able to get through easily or did you have to wait on hold for a long time? I'm dreading having to call government agencies but it sounds like it's necessary to get this right from the start.
I'm dealing with this exact same issue right now! My unemployment payment was supposed to deposit Wednesday but it's now Friday evening and my account is still empty. I certified my weekly claim on Sunday like always and everything shows as "processed" on the my.ny.gov portal, but my bank says they haven't received anything. This is my first time experiencing such a long delay - usually if there's any delay it's just a day or so. It's really stressful because I have rent and utilities due early next week. From reading all these comments it seems like a lot of people are having the same problem this week. Has anyone tried contacting their bank to see if there are any pending transfers that might be held up on their end? I'm wondering if this could be a banking system issue rather than just NYS Department of Labor.
@Grant Vikers I contacted my bank yesterday and they confirmed there are no pending transfers on their end - the payment simply hasn t'been sent from NYS Department of Labor despite showing as released "in" the system. It s'definitely not a banking issue based on what my bank told me. This seems to be a processing problem on NYS Department of Labor s'side affecting a bunch of us this week. I m'going to try the my.ny.gov message center approach that @Sean Murphy mentioned since calling has been impossible. Really hoping we all get this sorted out because the stress of not knowing when our payments will actually arrive is awful when we re already'dealing with unemployment!
I'm experiencing the exact same delay! My payment usually deposits on Wednesday but it's now Friday night and still nothing. What's really concerning is that my payment history shows "released" on Tuesday but my bank confirms they haven't received anything. I've been on unemployment for 8 months and this is by far the longest delay I've experienced. I tried calling NYS Department of Labor multiple times today but can't get through - just busy signals and disconnected calls. Based on everyone's comments here, it definitely seems like there's a system-wide processing issue affecting a lot of us this week. I'm going to try the my.ny.gov message center approach since several people mentioned having better luck with that. This kind of uncertainty is really stressful when you're depending on these payments for basic living expenses. Hoping we all see our money early next week!
Also check if your employer has FMLA obligations - if they have 50+ employees and you've worked there a year, they might have been required to offer you unpaid leave or schedule accommodations for family caregiving. If they violated FMLA by not even considering accommodations, that strengthens your unemployment case even more. Document that they didn't offer any alternatives before you quit!
Wait this is huge! My company has like 80 employees and I've been there 2 years. They never even mentioned FMLA when I asked about reducing hours. How do I prove they should have offered this?
@Connor Murphy You ll'want to check your employee handbook first - companies are required to post FMLA notices. If they didn t'inform you of your rights when you requested accommodations, that s'a violation. Keep records of when you asked HR for help and what their exact response was. The Department of Labor has info on FMLA requirements you can reference too. This could definitely help your unemployment case if they failed to follow federal law!
This is such a tough situation but you're not alone! I went through something similar caring for my mom. NY does recognize "compelling family circumstances" as good cause for quitting. Key things that helped my case: 1) I documented every attempt to get reasonable accommodations from my employer 2) Got a letter from my mom's doctor explaining her care needs and my role as primary caregiver 3) Showed the substantial change in my work schedule made it impossible to provide necessary care. The initial claim was denied but I appealed with all my documentation and won. Don't give up if they deny you at first - the appeals process is where having solid documentation really pays off. Wishing you the best! 💙
@Mason Stone Thank you for sharing such detailed advice! I m'definitely going to start documenting everything right away. Just to clarify - when you say substantial "change in work schedule, how" big of a change are we talking? My hours went from 40/week to 55+ and shifted from day shift to mostly evenings/weekends. Did you have to prove the change was unreasonable or just that it interfered with caregiving? Want to make sure I frame this correctly when I file.
@Mason Stone This is incredibly helpful! I m'in a similar boat with caring for my elderly father. Quick question - when you got the doctor s'letter, did they need to specify exact hours of care needed per day/week? My dad s'neurologist mentioned I should get documentation but wasn t'sure how detailed it needs to be. Also, did you file for unemployment before or after you actually quit? Trying to time this right so I don t'mess up the process. Thanks again for sharing your experience!
Amina Toure
Just went through this myself. You also need to post the unemployment insurance notice in your workplace where employees can see it. NYS Department of Labor provides the poster when you register. Don't forget about workers comp insurance too - that's separate but also required for most businesses.
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Oliver Zimmermann
ugh the government just wants to squeeze every penny out of small businesses... my cousin's friend said you can just pay people as contractors and avoid all this mess
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QuantumQuester
•That's not legal advice you want to follow. Misclassifying employees as contractors can result in huge penalties and back taxes. NYS Department of Labor has specific tests for who qualifies as an independent contractor.
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