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.
14 comments


GalaxyGlider
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
•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
•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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Malik Robinson
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
•Yikes! How did they find out about your unreported work? I definitely want to do everything by the book.
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Isabella Silva
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
•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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Ravi Choudhury
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
•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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Freya Andersen
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
•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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Malik Robinson
•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
just wanted to say thanks for asking this question! i've been wondering the same thing about my photography work
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Zoe Papanikolaou
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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