Can you make money while on unemployment benefits in NY - what are the limits?
I've been collecting unemployment for about 6 weeks now and I'm getting some freelance web design work offered to me. I want to take it but I'm terrified of messing up my benefits. Can I make money while on unemployment in NY? What happens if I earn too much in a week? Do I have to report every dollar? I've heard conflicting things about whether part-time work gets you kicked off completely or if they just reduce your weekly benefit amount. My weekly benefit is $465 and this freelance gig would probably pay around $300-400 per week. Should I even risk it or just wait until my benefits run out?
18 comments


Amaya Watson
You can definitely work part-time while collecting unemployment in NY, but you MUST report all earnings when you file your weekly claim. NYS Department of Labor has specific rules - they'll reduce your benefit by 25% of whatever you earn over $143 per week. So if you earn $300, they'll subtract 25% of $157 ($300-$143=$157), which is about $39 from your weekly benefit. You'll still get most of your unemployment plus your work income.
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Tristan Carpenter
•Wait so I can keep both incomes? That's actually better than I thought! Do I report gross or net income from the freelance work?
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Grant Vikers
just be super careful about reporting everything correctly. i made the mistake of not reporting some cash work i did and got hit with an overpayment notice months later. they wanted me to pay back like $2000 plus penalties. not worth the risk
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Tristan Carpenter
•Yikes! Did you end up having to pay it all back? That's exactly what I'm worried about.
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Grant Vikers
•yeah i had to pay it back but they let me set up a payment plan. took forever to resolve though
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Giovanni Martello
The key thing is understanding the partial unemployment rules. You report GROSS earnings (before taxes) for any work done during the week you're claiming. NYS Department of Labor calculates it as: if you earn more than $143 in a week, they reduce your benefit by 25% of the amount over $143. If you earn more than your weekly benefit rate plus $143, you get no unemployment that week but your claim stays active.
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Savannah Weiner
•This is so confusing! So if my benefit is $400 and I earn $600 in a week, I get nothing that week but I can still claim the next week if I earn less?
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Giovanni Martello
•Exactly! Your claim doesn't close just because you had one high-earning week. You just don't get unemployment for that specific week.
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Levi Parker
I've been trying to call NYS Department of Labor for weeks to ask about this exact situation but their phone lines are impossible. Every time I call I either get a busy signal or get disconnected after waiting on hold for 2+ hours. How is anyone supposed to get clarification on these rules? The website isn't clear about freelance work specifically.
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Libby Hassan
•I had the same problem until someone told me about Claimyr. It's a service that calls NYS Department of Labor for you and gets you connected to an actual agent. I used it last month at claimyr.com and got through in like 20 minutes instead of hours. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Totally worth it when you need real answers about your specific situation.
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Hunter Hampton
ugh the whole system is such a nightmare. why make it so complicated? i had a similar situation with uber driving and it took months to sort out because i reported it wrong the first few times. they really need to make this clearer
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Tristan Carpenter
•What ended up happening with your Uber situation? Did they make you pay anything back?
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Amaya Watson
Just to be extra clear since there's been some confusion in this thread - for freelance work you report the gross amount you earned during the week you're filing for, NOT when you get paid. So if you do $400 worth of work this week but don't get paid until next month, you still report that $400 this week. And yes, always report gross income before any taxes or deductions.
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Yara Elias
Thanks everyone for the detailed responses! This is really helpful. I think I understand the basics now - report gross income, they reduce benefits by 25% of anything over $143, and my claim stays active even if I earn too much one week. One more question though - since this is freelance web design work, how do I handle it if the client pays me with a 1099 at the end of the year instead of weekly? Do I still report it the week I do the work even though I haven't actually received payment yet? And should I be setting aside money for taxes on both the freelance income AND the unemployment benefits?
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StarSurfer
•Yes, you report the income for the week you actually performed the work, not when you receive payment. So if you do web design work this week worth $400, you report that $400 on your weekly claim even if the client won't pay you until next month. As for taxes, definitely set aside money for both! Unemployment benefits are taxable income, and your freelance income will need quarterly estimated tax payments since no taxes are being withheld. I'd recommend setting aside about 25-30% of your freelance earnings for taxes to be safe.
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Connor Murphy
•@StarSurfer gave you solid advice! Just want to add - since you're doing freelance web design, make sure you're tracking all your business expenses too (software subscriptions, equipment, etc.) because those can help offset your tax burden. And if you're planning to do this regularly, you might want to consider setting up a simple business bank account to keep everything separate. Makes tax time much easier and helps you stay organized with the weekly unemployment reporting.
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Camila Jordan
One thing to add about freelance work while on unemployment - make sure you understand the difference between "work" and "earnings" when reporting. Even if you spend 10 hours working on a project but haven't finished it yet (so no payment earned), you still need to report those work hours on your weekly claim. NYS Department of Labor looks at both the amount you earned AND the number of days you worked. If you work 4 or more days in a week, even for just a few hours each day, it can affect your benefits differently than just the earnings calculation. I learned this the hard way when I was doing small freelance projects - I was only reporting the money but not the actual work days, which caused issues later when they audited my claim.
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QuantumQuasar
•Wait, this is really important information that I haven't seen mentioned anywhere else! So even if I'm just working on a project but haven't earned any money yet that week, I still need to report the work days? This seems like something that could easily trip people up. Do you know if there's a specific threshold for hours per day that counts as a "work day"? I'm worried I might have already messed this up in my previous claims since I've been doing some preliminary design work that I haven't invoiced for yet.
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