Can real estate agents get unemployment benefits from NYS Department of Labor?

Real estate agents typically can't qualify for regular unemployment benefits because you're classified as an independent contractor, not an employee. NYS Department of Labor unemployment benefits are only for people who were employees and had unemployment insurance taxes paid on their behalf. Since your brokerage doesn't pay into the UI system for you, you wouldn't be eligible for standard benefits.

Actually, there might be some options depending on your specific situation. If you had any W-2 employment before becoming a real estate agent, you might still have some benefit eligibility left over. Also, some agents work for brokerages that classify them as employees rather than contractors - it's rare but it happens. You should check your tax documents to see how your income was reported.

I'm in the same boat as a freelance contractor and it's so unfair that we can't get unemployment when work dries up. The system really doesn't account for gig workers and independent contractors at all.

If you're having trouble getting through to NYS Department of Labor to ask about your specific situation, I found this service called Claimyr that helps people actually reach agents on the phone. They have a website at claimyr.com and there's a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out since the phone lines are always so busy.

wait so if your an independent contractor you NEVER qualify for unemployment?? that seems really messed up especially with how the economy is right now

I'm a former real estate agent who went through this exact situation last year. You're right that as an independent contractor getting 1099s, you won't qualify for regular unemployment benefits. However, I'd suggest calling NYS Department of Labor anyway to confirm your specific situation - sometimes there are edge cases or recent policy changes that might apply. Also, look into other assistance programs like SNAP or local food banks to help bridge the gap while you're between sales. The real estate market is tough right now but it will pick up again. Have you considered getting your broker's license or looking into property management as alternative income streams?

I'm also a real estate agent in NY and went through this same frustration last year. Unfortunately, Mia is correct - as independent contractors receiving 1099s, we don't qualify for regular unemployment benefits since no UI taxes were paid on our behalf. I ended up applying for SNAP benefits and looking into local assistance programs to help with basic expenses. One thing that helped me was taking on some part-time work doing showing coordination for other agents - it's not much but it's something while waiting for sales to pick up. Also consider reaching out to your local real estate association - some have emergency assistance funds for agents going through tough times. The market will turn around, but I know how stressful it is when you have no income coming in.

I'm in a similar situation as a freelance graphic designer - it's really tough when you're classified as an independent contractor and work dries up. One thing I discovered is that some states are starting to expand unemployment eligibility, but New York hasn't made those changes yet. In the meantime, you might want to look into the Freelancers Union if you're not already a member - they have resources and sometimes advocacy efforts for independent worker benefits. Also, don't forget to check if you qualify for any local emergency assistance programs through your county or city. I know it's not unemployment benefits, but every little bit helps when you're struggling to make ends meet. Hang in there!

I'm a new real estate agent (just got licensed 6 months ago) and this thread is really eye-opening. I had no idea that we wouldn't qualify for unemployment benefits as independent contractors. My broker never mentioned this during training - they just talked about the unlimited earning potential but not the risks. It sounds like the key is having multiple income streams and emergency savings since there's no safety net. For those who have been through slow periods, how long did it typically take for things to pick back up? I'm starting to worry about what happens if I don't get any sales in the next few months. Should I be looking for part-time W-2 work as backup?

I went through this exact situation two years ago when I was working as a real estate agent. Unfortunately, you're correct that as an independent contractor receiving 1099s, you won't qualify for standard NYS unemployment benefits. However, I'd recommend calling anyway to confirm your specific situation - there can be exceptions based on your work history. In the meantime, consider applying for SNAP benefits and looking into local food assistance programs. I also picked up some part-time work doing administrative tasks for other agents in my office, which helped bridge the gap. The market is definitely challenging right now, but don't give up on real estate entirely - maybe explore getting additional certifications or specializing in a niche area while you wait for things to improve. Your local real estate board might also have resources or emergency assistance programs for agents facing hardship.

I was in a very similar situation as a real estate agent about 18 months ago - no sales for over 4 months and really struggling financially. Like everyone has mentioned, you won't qualify for regular unemployment as an independent contractor with 1099 income. What saved me was getting creative with related income opportunities. I started doing virtual assistant work for agents in other markets (social media management, lead follow-up, etc.) and also picked up some property photography gigs. The VA work was especially good because I could do it from home and it paid hourly. I found most of these opportunities through Facebook groups for real estate professionals and Upwork. It's not glamorous but it kept me afloat until my sales picked back up. Also definitely apply for SNAP if you qualify - there's no shame in using available assistance programs when you need them. The real estate market is cyclical and it will improve. In the meantime, maybe use this slower period to really focus on your lead generation systems and follow up with past contacts.