Can a waitress get unemployment benefits through NYS Department of Labor?

Yes, absolutely! Restaurant workers including servers and waitresses can definitely get unemployment benefits in New York. The key thing is that your employer was paying into the unemployment insurance system on your behalf, which they were if they were taking payroll taxes out of your checks. When you file your claim with NYS Department of Labor, they'll base your weekly benefit amount on your total wages - both your hourly pay AND your reported tips. Make sure you have records of your tip income because that counts toward your benefit calculation.

been a server for 3 years and got unemployment twice when restaurants closed temporarily. definitely eligible as long as you worked enough hours and your employer paid into the system. the tips actually help your benefit amount be higher

The confusion about restaurant workers and unemployment usually comes from people mixing up different situations. If you were classified as an employee (not an independent contractor) and had taxes withheld, you're covered. The NYS Department of Labor will look at your quarterly wages including reported tips to determine your benefit amount. Just make sure when you file your weekly claims that you report any part-time work or cash tips you might get from other jobs while collecting benefits.

I had trouble getting through to NYS Department of Labor when I needed to talk to someone about my restaurant job situation last year. Kept getting busy signals and the online chat never worked. Finally used this service called Claimyr (claimyr.com) that actually got me connected to a real person at unemployment. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Was way easier than spending hours trying to call myself.

The restaurant industry is notorious for trying to discourage workers from filing for unemployment because it affects their tax rates. Don't let anyone tell you that servers aren't eligible - that's completely false information. NYS Department of Labor specifically includes restaurant workers in their coverage as long as the basic employment requirements are met.

I was in a similar situation last year when the restaurant I worked at cut hours during the slow season. As a server, you're definitely eligible for unemployment benefits in NY! The most important thing is to file your claim as soon as possible - don't wait. When you apply online through the NYS Department of Labor website, they'll ask about your wages and tips from the last 18 months. Your employer should have been reporting your tip income along with your hourly wages to the state, so that will all be factored into your benefit calculation. One tip: keep any pay stubs or records you have of your earnings, including tip reports, just in case they need additional documentation. The whole process took about 2-3 weeks for me to start receiving benefits. Hang in there!

Don't stress too much about having exact tip amounts memorized! When you file with NYS Department of Labor, they'll pull your wage records directly from what your employer reported to the state each quarter. This includes both your hourly wages and the tips that were reported through payroll. You'll mainly need to provide basic information about your employment dates and reason for separation. However, it's still good to keep any pay stubs or tip records you have handy in case there are any discrepancies or if they need additional verification. The system is designed to work with the information employers are already required to report, so you shouldn't have to reconstruct everything from memory.