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Emma Davis

Can you do freelance work while on unemployment benefits from NYS Department of Labor?

I've been collecting unemployment for about 6 weeks now and I'm wondering if I can take on some freelance graphic design projects while still getting my weekly benefits? I don't want to mess up my claim but I could really use the extra income. Does anyone know the rules about freelance work and how to report it properly to NYS Department of Labor? I'm worried about working too much and losing my benefits entirely.

GalaxyGlider

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Yes, you can do freelance work while on unemployment, but you MUST report all earnings on your weekly claim certification. NYS Department of Labor has specific rules - you can earn up to 25% of your weekly benefit rate without any reduction. Anything over that amount gets deducted dollar-for-dollar from your benefits. So if your weekly benefit is $400, you can earn up to $100 without losing any benefits.

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Emma Davis

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Thank you! That's really helpful. Do I report the freelance income when I earn it or when I actually get paid? Some of my clients pay 30 days after I finish the work.

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GalaxyGlider

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You report it for the week you performed the work, not when you get paid. So if you do design work this week but don't get paid until next month, you still report those earnings on this week's certification.

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be careful with this stuff because they audit freelance work all the time now. i got caught not reporting some side work last year and had to pay back like $2000 in overpayments. not worth the risk

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Emma Davis

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Yikes! How did they find out about your unreported work? I definitely want to do everything by the book.

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I've been freelancing while on unemployment for months without issues. The key is being 100% honest on your weekly certifications. When you report freelance income, you'll need to indicate that you worked and report your gross earnings. NYS Department of Labor will automatically calculate any benefit reduction. Also make sure you're still actively looking for full-time work and keeping your job search log updated.

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Emma Davis

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Good point about the job search requirement. I've been keeping my log but wasn't sure if freelance work would affect that.

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This is so confusing! I thought any work at all would disqualify you from unemployment. What if the freelance work turns into a regular thing? At what point do they consider you no longer unemployed?

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GalaxyGlider

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As long as your freelance work doesn't constitute full-time employment (typically 35+ hours per week), you can continue collecting benefits. The issue isn't how regular the work is, but how many hours you're working and how much you're earning.

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I had trouble getting through to NYS Department of Labor when I had questions about reporting freelance income. Spent hours on hold and kept getting disconnected. Finally used claimyr.com to get connected to an actual agent - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. The agent was able to walk me through exactly how to report my consulting work properly.

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Emma Davis

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Thanks for the tip! I might need to talk to someone directly about my specific situation since every freelance setup is different.

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never heard of that service but anything that helps you actually talk to someone at NYS Department of Labor sounds useful. their phone system is a nightmare

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Omar Farouk

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just wanted to say thanks for asking this question! i've been wondering the same thing about my photography work

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One thing to keep in mind is that you'll need to keep detailed records of all your freelance work - dates, hours worked, amount earned, and client information. NYS Department of Labor may ask for documentation during audits or if there are any questions about your claims. I'd recommend creating a simple spreadsheet to track everything. Also, don't forget that you'll need to pay self-employment taxes on your freelance income, so set aside about 25-30% of what you earn for taxes. The unemployment office doesn't withhold taxes from freelance earnings like they might from regular employment.

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Mohammed Khan

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Great advice from everyone here! I'm a web developer who's been doing freelance work while on unemployment for about 3 months now. A few additional tips: 1) Save all your invoices and contracts - NYS Department of Labor can request these at any time, 2) If you have multiple small projects in one week, report the total earnings for that week, not each project separately, 3) Remember that the 25% earnings threshold applies to your gross weekly benefit amount, not your net amount after taxes. Also, even if you earn over the threshold and your benefits get reduced to $0 for a particular week, you can still certify and potentially get benefits the following week if your freelance income drops. The key is staying consistent with reporting - it's much better to report everything and have your benefits reduced than to risk an overpayment penalty later.

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This is incredibly thorough, thank you! I hadn't thought about the self-employment tax implications - that's a great point about setting aside 25-30%. Quick question: when you say "gross weekly benefit amount" for the 25% threshold, does that include the extra federal unemployment compensation if there is any, or just the state benefit amount?

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StarStrider

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@Mohammed Khan that s'really helpful info about keeping detailed records! I m'just starting out with freelance design work and hadn t'thought about creating a spreadsheet to track everything. Do you use any specific template or just make your own? Also, when you mention contracts - is this necessary even for smaller projects like logo designs that might only pay $200-300? I want to make sure I m'covering all my bases properly.

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@Mohammed Khan This is such valuable information! I ve'been hesitant to start freelancing while on unemployment because I was worried about messing something up, but your breakdown makes it much clearer. One question - you mentioned that even if benefits get reduced to $0 for a week, you can still certify. Should I continue certifying every week even during weeks where my freelance income might be high enough to eliminate my benefits entirely? I want to make sure I don t'accidentally close my claim by skipping certifications.

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Miguel Castro

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I'm also a graphic designer who's been in a similar situation! One thing I learned the hard way is to keep track of your hours worked, not just earnings. NYS Department of Labor considers you "unemployed" if you work less than 4 days or 30 hours per week. So even if you're earning within that 25% threshold, make sure you're not exceeding the hour limits. Also, when reporting freelance work, you'll answer "yes" to "did you work" but "no" to "did you refuse work" - those are separate questions that sometimes confuse people. I'd recommend calling them directly or using one of those callback services to clarify your specific situation since graphic design project timelines can be tricky to categorize week by week.

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@Miguel Castro Thanks for mentioning the hour limits! I hadn t'realized there was both an earnings threshold AND an hours worked limit. So just to make sure I understand - even if I only earn $50 from freelance work in a week well (under the 25% threshold ,)if I spend 35 hours working on that project, I could still be considered employed "for" that week? That s'really important to know since some design projects can take a lot of time even if the pay isn t'that high. I ll'definitely need to track both hours and earnings carefully.

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Maya Lewis

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This thread has been incredibly helpful! I'm a freelance writer who's been nervous about taking on projects while collecting unemployment. Based on what everyone's shared, it sounds like the key is meticulous record-keeping and honest reporting. I'm going to create a tracking spreadsheet with columns for: date, client name, project description, hours worked, amount earned, and payment date. One question I have - for those of you who've been successfully freelancing while on benefits, do you find it affects your job search time? I'm worried that if I take on too many freelance projects, it might impact my ability to actively search for full-time employment, which I know is a requirement. How do you balance the two?

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@Maya Lewis That s'a great question about balancing freelance work with job searching! I ve'been doing both for a few months now and what works for me is treating job searching like my main "job -" I dedicate mornings to applications, networking, and interviews, then use afternoons/evenings for freelance projects. NYS Department of Labor requires 3 job search activities per week, so I make sure to hit that minimum first before taking on any freelance work. I also turn down freelance projects that have tight deadlines during weeks when I have interviews scheduled. The key is being realistic about your time - if a freelance project would prevent you from being available for job interviews or completing your required job search activities, it s'probably not worth it. Remember, unemployment benefits are temporary support while you find permanent employment, so that should always be the priority!

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Xan Dae

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As someone who's been freelancing while on unemployment for the past 4 months, I want to emphasize something that hasn't been mentioned yet - make sure you understand how NYS calculates your "available for work" status. Even if you're under the hour and earnings thresholds, if you take on a freelance contract that makes you unavailable during normal business hours for potential interviews or work opportunities, it could affect your eligibility. I learned this when I took on a rush project that required me to work during typical interview hours for three days straight. Fortunately it didn't cause issues, but it made me realize I need to be more strategic about which projects I accept. Now I always ask clients about flexibility and try to schedule intensive work periods during evenings and weekends when possible. Also, keep copies of all your freelance contracts and invoices in both digital and physical formats - I had a computer crash last month and almost lost important documentation that unemployment office requested during a routine review.

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Luca Conti

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@Xan Dae This is such an important point about availability that I hadn t'considered! I m'just starting to look into freelance work while on unemployment and your example about the rush project really opened my eyes. It makes total sense that even if you re'within the earnings and hours limits, being unavailable during business hours could be problematic. I m'curious - when you mention keeping contracts and invoices in both digital and physical formats, do you have any specific organization system you d'recommend? I want to make sure I m'prepared if unemployment office requests documentation. Also, have you found that being upfront with potential freelance clients about your availability restrictions due (to job searching affects) whether they want to work with you? I m'worried about losing opportunities but obviously want to stay compliant with unemployment requirements.

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Sophia Russo

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I've been freelancing as a photographer while on unemployment for about 2 months now and wanted to share a few practical tips that have helped me stay compliant. First, I created a simple Google Sheets tracker with columns for date, project type, hours worked, gross earnings, and client contact info - this makes weekly reporting much easier. Second, I set up a separate business checking account for all freelance payments, which helps keep things organized for both unemployment reporting and tax purposes. One thing I learned is to be very specific about your work dates when reporting - if you do a wedding shoot on Saturday but spend Monday and Tuesday editing, you need to report work for all three days, not just the shoot day. Also, don't forget that travel time to/from shoots counts as work hours! I'd strongly recommend getting everything in writing with clients, even for small gigs - a simple email confirming the scope, timeline, and payment terms can serve as your contract documentation if unemployment office requests it. The most important thing is to be completely transparent in your weekly certifications. I'd rather lose a few dollars in benefits than risk having to pay back thousands later.

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Nathan Kim

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@Sophia Russo This is incredibly helpful, especially the tip about counting editing and travel time as work hours! I m'just getting started with freelance graphic design while on unemployment and hadn t'thought about how post-production work should be reported. Your point about being specific with work dates is really important too - I can see how it would be easy to accidentally underreport if you only counted the main work "day but" not the prep and follow-up time. The separate business checking account is a great idea for keeping everything organized. Quick question - when you mention getting everything in writing with clients, do you use any specific contract template or just rely on email confirmations? I want to make sure I have proper documentation but don t'want to overcomplicate things for smaller projects. Thanks for sharing your experience - it s'really reassuring to hear from someone who s'been doing this successfully!

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Zoe Gonzalez

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This has been such an informative discussion! As someone who's been hesitant to start freelancing while on unemployment, reading everyone's experiences has really helped clarify the process. I'm a freelance copywriter and have been turning down potential projects because I was afraid of jeopardizing my benefits, but now I understand that it's totally doable with proper reporting and record-keeping. I'm going to set up that tracking spreadsheet that several people mentioned and start small with a few projects to get comfortable with the reporting process. One quick question for those who've been doing this - do you report your freelance work under "employment" or is there a separate category for self-employment/freelance work when you're doing your weekly certification? I want to make sure I'm selecting the right options when I fill out my claim. Thanks everyone for being so generous with your advice and experiences!

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Nick Kravitz

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@Zoe Gonzalez Great question! When doing your weekly certification, you ll'typically report freelance work under the general employment "section" - there usually isn t'a separate freelance category. You ll'answer yes "to" did "you work and" then provide details about your earnings and hours. The system treats freelance/self-employment the same as regular employment for reporting purposes. I d'suggest doing a practice run with your first small project to get familiar with how the questions are worded in your state s'system. Also, don t'hesitate to call the unemployment office if you re'unsure about any specific questions - it s'better to ask upfront than guess and potentially make an error. You ve'got the right approach starting small and building up your comfort level with the process!

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Malik Thompson

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I'm a freelance web developer who's been successfully balancing unemployment benefits with freelance work for about 5 months now. One thing I haven't seen mentioned yet is the importance of understanding how quarterly earnings reviews work. NYS Department of Labor will periodically review your total earnings over a quarter, and if your average weekly freelance income consistently approaches or exceeds your weekly benefit amount, they may determine you're no longer "unemployed" even if you're reporting everything correctly. This happened to a friend of mine who was earning just under the weekly threshold each week, but over 3 months it added up to significant income. The key is to think long-term, not just week-to-week. Also, I'd recommend keeping a backup fund from your freelance earnings because there can sometimes be delays in benefit payments when you're reporting variable income - having a small cushion helps avoid financial stress during those gaps. One more tip: if you're doing ongoing work for the same client (like maintaining a website), make sure you're not accidentally creating an employer-employee relationship, which could affect your unemployment status differently than true freelance work.

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Omar Zaki

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@Malik Thompson This is such valuable insight about the quarterly reviews! I had no idea that NYS Department of Labor looks at earnings patterns over longer periods like that. Your friend s'situation is exactly the kind of thing I d'be worried about - it sounds like even if you re'technically compliant week by week, consistently high freelance income could still trigger a review. That s'really smart advice about keeping a backup fund for payment delays too. I m'curious about your point regarding employer-employee relationships with ongoing clients - how do you differentiate between legitimate freelance work and what might be considered employment? For example, if I have a client who gives me regular monthly design projects, at what point might that cross the line? Is it about the frequency of work, the level of control they have over how I do the work, or something else? I want to make sure I structure my freelance relationships properly from the start.

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Aaron Lee

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@Malik Thompson That s'a really important point about the quarterly earnings review that I hadn t'considered! I m'just starting to think about freelance work while on unemployment and your friend s'experience is exactly what I d'be worried about. Even if you re'following all the weekly reporting rules correctly, it sounds like consistently high earnings could still cause issues down the line. The backup fund suggestion is really smart too - I can see how variable freelance income could create timing issues with benefit payments. Quick question about the employer-employee relationship concern you mentioned - what are some red flags to watch out for? I m'thinking about doing ongoing graphic design work for a few small businesses, but now I m'wondering if having regular monthly clients might be problematic. Is it more about the control they have over your work schedule and methods, or is frequency of work the main concern? I definitely want to structure things properly from the beginning to avoid any complications with my unemployment claim.

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Lilly Curtis

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@Malik Thompson This is really eye-opening information about the quarterly reviews! I had no idea they looked at patterns over longer periods like that. Your friend s'situation is a perfect example of why it s'important to think strategically about freelance earnings, not just week-to-week compliance. I m'a freelance marketing consultant just starting out with this process, and I m'wondering - is there a general rule of thumb for what percentage of your total benefit amount you should aim to stay under over a quarter? Also, regarding the employer-employee relationship issue you mentioned, what specific factors should I watch out for? I have a potential client who wants me to do their social media management on an ongoing basis, but I m'not sure if regular monthly work for the same client could be problematic. Is it more about the nature of the work relationship like (if they dictate specific hours or methods or) just the frequency? I really appreciate you sharing these longer-term considerations that aren t'immediately obvious!

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Gabriel Graham

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I've been freelancing as a UX designer while on unemployment for about 3 months and wanted to add a few practical tips that have really helped me. First, I always send clients a brief project summary email after we agree on work - it doesn't need to be a formal contract, but having the scope, timeline, and payment terms in writing has saved me multiple times when unemployment office requested documentation. Second, I learned to be very conservative with my time estimates when deciding whether to take on projects. What seems like a 20-hour project often becomes 30+ hours when you factor in revisions, client calls, and administrative time. Since NYS tracks both hours and earnings, it's better to underestimate your availability than to accidentally exceed the 30-hour weekly limit. Finally, I keep a running tally of my quarterly freelance earnings on my tracking spreadsheet - this helps me see the bigger picture that Malik mentioned about quarterly reviews. If I notice I'm consistently earning close to my weekly benefit amount, I can be more selective about future projects to avoid triggering a review. The mental shift from "maximizing income" to "optimizing for long-term benefit eligibility" took some getting used to, but it's been crucial for maintaining my benefits while building freelance experience.

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