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One thing that caught me off guard - even if you go out of business, you still need to file a final report with NYS Department of Labor. I closed my restaurant last year and almost forgot about this until my accountant reminded me.
As someone who's been through this process recently, I'd add that you should also budget for the administrative time this takes - it's not just the UI taxes themselves. Between the quarterly filings, responding to claims notices, and keeping proper payroll records for audits, it adds up. Also, if you're planning to hire seasonal workers, that can complicate your experience rating calculations. NYS Department of Labor has some online resources that help, but honestly the learning curve is steep when you're just starting out.
@Sophie Hernandez That s'really helpful perspective about the administrative burden - I hadn t'thought about budgeting time for all the paperwork and filing requirements. The seasonal worker complication is particularly relevant since I m'considering hiring summer help. Do you know if there are any good resources or guides specifically for small businesses navigating the NYS Department of Labor requirements? It sounds like the learning curve is pretty steep and I d'rather get it right from the start than deal with penalties later.
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This is really helpful information! I'm new to New York and was also confused about this. One thing I'd add is that even though employees don't pay unemployment tax directly, it's still worth checking your pay stubs regularly to make sure all your other deductions look correct. I've found that when you understand what should and shouldn't be there, it's easier to spot any payroll errors early. Plus, keeping good records of your pay stubs can be helpful if you ever need to verify your wage history with NYS Department of Labor.
That's excellent advice about keeping good records! I never thought about how tracking pay stubs could help with wage verification later. Since I'm just starting my career, it's good to know that building a solid paper trail now could make things smoother if I ever need to deal with NYS Department of Labor in the future. Thanks for that perspective!
This thread has been super informative! I'm actually in HR at a small company and we get questions about this from new employees all the time. One thing that might help clarify - New York employers pay unemployment insurance taxes at both the state level (to NYS Department of Labor) and federal level (FUTA). The state rate varies based on the employer's experience rating, but employees never see any of this on their paystubs. We always tell new hires that if they don't see an unemployment deduction, that's exactly what they should expect to see!
That's really helpful context from the HR perspective! It makes sense that this is a common question for new employees. I imagine it can be confusing when you're coming from other states or just entering the workforce for the first time. It's reassuring to know that what I'm seeing on my pay stub is exactly what I should expect. Thanks for confirming that the absence of unemployment deductions is the norm here in New York!
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Wait, are we talking about regular unemployment or standby? Because if you're on standby status the rules are totally different. I was on standby for 6 months last year when my factory had temporary layoffs.
Good point to clarify. Regular UI is 26 weeks maximum. Standby status allows you to remain attached to your employer during temporary layoffs, but you still use up your benefit weeks while claiming.
The whole system is confusing! I wish NYS Department of Labor would just give us a simple chart showing how many days/weeks we get instead of making us dig through all their documentation.
I totally agree! The NYS DOL website is so hard to navigate. I'm dealing with this right now too and it took me forever to find the basic info that it's 26 weeks max. They really should have a simple FAQ section right on the front page that breaks it down clearly instead of burying it in all the legal language.
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Your manager was absolutely trying to manipulate you - this is unfortunately super common. Employers know that unemployment claims can affect their experience rating and potentially increase their future UI tax rates, so some try to discourage employees from filing. But here's the thing: you PAID for this coverage through your work! Every paycheck you earned helped fund the system through your employer's contributions. You're not taking charity or hurting anyone - you're accessing a benefit you literally earned by working there for 2 years. File your claim ASAP and don't let anyone make you feel guilty about it. The NYS Department of Labor website has all the info you need to get started.
Absolutely this! @Mateo Martinez hit the nail on the head - you literally earned this benefit through your work. I went through something similar last year when I got laid off and my boss tried the same guilt trip. It s'actually pretty manipulative when you think about it - they re'trying to make you feel bad for accessing something you re'legally entitled to. The whole point of unemployment insurance is to provide a safety net for situations exactly like yours. Don t'let them make you second-guess yourself - file that claim and focus on finding your next opportunity!
I went through this exact same situation when I got laid off from my restaurant job last year! My manager also tried to make me feel guilty about filing, saying it would "hurt the business" and that I should "be loyal" even after they let me go. It's such a common manipulation tactic. The reality is that unemployment insurance is exactly that - insurance. Your employer has been paying premiums into this system the whole time you worked there, just like they pay into workers comp or any other mandatory business insurance. When you file a claim, you're not personally costing them money any more than filing a car insurance claim personally costs your insurance company - it's literally what the system is designed for. Don't let them guilt you into not accessing benefits you've earned. File your claim immediately because there can be delays, and you need that income to survive while job hunting.
Fatima Al-Rashid
same situation here, small business owner trying to figure this all out. thanks for asking the question!
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Lorenzo McCormick
For anyone else dealing with this, I'd recommend keeping a detailed spreadsheet tracking each employee's wages throughout the year so you know exactly when they hit the $12,300 threshold. I also set up quarterly reminders to review the wage base calculations before filing. The NYS Department of Labor Form NYS-45 instructions are actually pretty helpful once you get through all the legal language - they have examples of what counts and what doesn't.
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Carmen Sanchez
•That's really helpful advice about the spreadsheet tracking! I'm definitely going to set that up. Do you happen to know if there are any penalties for getting the wage base calculations wrong, or is it just a matter of filing amended reports if you mess up?
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