Can gig workers get unemployment benefits through NYS Department of Labor?

Unfortunately, traditional gig workers (Uber, DoorDash, freelancers) generally aren't eligible for regular unemployment insurance in New York because you haven't been paying into the system as an employee. Regular UI is only for people who had W-2 employment where unemployment taxes were deducted. However, there are some exceptions - if you were misclassified as an independent contractor when you should have been an employee, you might have a case. You'd need to prove you were under the company's control regarding when, where, and how you worked.

Actually, this gets complicated. If you had ANY W-2 employment in the past 18 months alongside your gig work, you might still qualify for partial benefits based on that employment. The NYS Department of Labor looks at your base period earnings from covered employment. Even if it was just a part-time job for a few months, it could establish a claim. You'd report your gig income as self-employment when filing weekly claims, which might reduce your benefit amount but wouldn't necessarily disqualify you entirely.

Been there with gig work struggles. One thing to check - some gig companies have started treating certain workers as employees instead of contractors, especially in New York. If you got a W-2 instead of a 1099 from any of your gig work, then you were actually an employee and definitely qualify for UI. Also, make sure you understand the difference between being able to work (available for full-time employment) versus just wanting to supplement gig income, because that affects eligibility too.

If you're having trouble getting through to the NYS Department of Labor to ask about your specific situation, I found this service called Claimyr (claimyr.com) that helps people connect with unemployment agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. I used it when I couldn't get through the regular phone lines to ask about my claim status. Might be worth checking out since gig worker eligibility can be pretty specific to your individual work history.

Wait I'm confused - I thought they changed the rules during covid to include gig workers? My cousin got benefits doing Instacart in 2021. Are those programs not available anymore??

honestly the whole system is set up against people like us who are just trying to make ends meet doing whatever work we can find

I feel you on this struggle. One thing that might help is checking if any of your gig work involved working for companies that have been reclassified in New York. Some delivery companies have had to reclassify drivers as employees rather than contractors due to recent labor law changes. Also, even if you don't qualify for regular UI, you might want to look into other programs - like SNAP or temporary assistance - while you're job hunting. The application process can be really frustrating, but don't give up. Document everything from your restaurant job since that seems like your best shot at establishing a claim.

For finding out which companies have been reclassified, check the NYS Department of Labor website - they publish updates on worker classification decisions. You can also search for recent news about specific gig companies and New York labor laws. Some food delivery companies like DoorDash and Grubhub have faced classification challenges, though outcomes vary. The key is whether the company controls how, when, and where you work. If you had to follow specific schedules, wear uniforms, or use company equipment, that strengthens an employee classification argument. Definitely gather those restaurant pay stubs - you'll need them to establish your base period wages when you apply.

As someone who recently went through this process, I wanted to share what I learned. The key is really that restaurant job you mentioned - that's likely your ticket to benefits. When I applied, I had to provide my base period wages (usually the first 4 quarters of the last 5 completed quarters before you file). Make sure you have your W-2 or final pay stub from the restaurant ready. The NYS DOL will calculate your weekly benefit based on those covered wages, not your gig income. One heads up though - when you file your weekly claims, you'll need to report any gig work earnings, and they might reduce your benefit dollar-for-dollar depending on how much you make. But having some income is better than none! I'd recommend applying online through the NY.gov website rather than trying to call - the online system walks you through everything step by step.