Can you still get unemployment and work part-time in NY?
I'm really confused about the rules here. My hours got cut at my restaurant job from full-time to maybe 15-20 hours a week. My manager says business is slow and they can't give me more shifts right now. Can I file for unemployment benefits even though I'm still technically employed? I heard you can work part-time and still collect but I don't understand how that works with NYS Department of Labor. Do I have to report those earnings every week? Will they reduce my benefits dollar for dollar or is there some kind of threshold? I really need the extra money to cover rent but don't want to mess anything up.
26 comments


Logan Stewart
Yes, you can absolutely file for partial unemployment benefits in New York! This is actually pretty common. You can work part-time and still collect unemployment as long as you're earning less than your weekly benefit amount plus $50. So if your weekly benefit is $300, you can earn up to $350 before your benefits are completely cut off. NYS Department of Labor uses a formula where they subtract your earnings from your benefit amount, but you get to keep the first $50 without any reduction. You'll need to report your earnings when you file your weekly claim.
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Diego Castillo
•That's really helpful! So I need to file an initial claim first even though I'm working some hours? And then report my part-time earnings every week when I certify?
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Mikayla Brown
The partial unemployment thing is legit but make sure you're actually eligible first. You need to have lost hours or wages through no fault of your own. If your employer just reduced your schedule because of business conditions, that should qualify. When you file your weekly claim, you'll need to report exactly how many hours you worked and how much you earned that week. NYS Department of Labor will calculate your partial benefit based on that. Don't try to hide the income - they cross-reference with employer reports and you'll get caught.
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Sean Matthews
•This is so true about reporting everything. I tried to be 'smart' about it once and ended up with an overpayment notice. Not worth the hassle.
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Ali Anderson
I was in almost the exact same situation last year when my retail hours got slashed. Filed for partial unemployment and it helped a lot. The key thing is you have to be available for full-time work and actively job searching. Even though you're working part-time, you still need to do your job search activities and be ready to take a full-time position if offered. Keep track of your job search because NYS Department of Labor might ask for your log during a review.
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Diego Castillo
•Oh I didn't realize I still had to job search while working part-time. How many job contacts do you need per week for partial benefits?
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Ali Anderson
•Same requirements - 3 job search activities per week. You can count things like applying for jobs, going to interviews, attending job fairs, etc. Just keep good records.
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Zadie Patel
ugh the whole system is so confusing! I've been trying to get through to someone at NYS Department of Labor for weeks about my partial claim and can never reach anyone. The phone lines are always busy and the callback system never works. Has anyone found a way to actually talk to a real person there?
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Mikayla Brown
•I had the same problem until someone told me about Claimyr. It's this service that helps you get through to NYS Department of Labor agents - they basically wait on hold for you and then connect you when they get someone on the line. Saved me hours of frustration. You can check out how it works at claimyr.com, they even have a video demo at https://youtu.be/qyftW-mnTNI that shows the whole process.
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Zadie Patel
•That actually sounds really useful. I've wasted so much time trying to call them directly. Thanks for the tip!
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A Man D Mortal
Just want to add that you should file ASAP if you're eligible. There's usually a one-week waiting period for new claims, and benefits are only paid from the date you file, not when your hours were reduced. Also make sure your employer knows you're filing - they'll get a notice anyway and it's better to be upfront about it.
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CosmicVoyager
Hey Diego! I went through this exact same thing with my bartending job. The partial unemployment system in NY is actually pretty straightforward once you get the hang of it. A few practical tips: 1) When you file your weekly claim online, they'll ask for your gross earnings (before taxes) for that week - make sure you have your pay stubs ready. 2) The system automatically calculates your partial benefit, so you don't have to do the math yourself. 3) File your weekly claim on the same day each week to stay consistent. 4) If your restaurant picks up and your hours increase, you might not qualify for benefits that week, but you can always file again if hours get cut. The whole process is way less scary than it seems at first. Good luck!
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Clay blendedgen
•This is super helpful! I was worried about the weekly reporting process but it sounds like the system does most of the work for you. Quick question - when you say "gross earnings," does that include tips? At my restaurant job, tips are a big part of what I make, but they're not always consistent week to week. Do I need to report estimated tips or just what's on my actual pay stub?
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Amara Eze
•Yes, you definitely need to report all tips! NYS Department of Labor requires you to report your total gross earnings, which includes both wages and tips. If your tips are reported to your employer (like credit card tips), they'll show up on your pay stub and you just report that amount. For cash tips, you need to report what you actually received that week - don't estimate or average it out. I know it can vary a lot in restaurant work, but they want the actual amount for each specific week when you file your claim. Keep a daily tip log if you can, it makes the weekly reporting much easier and more accurate.
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Lucas Lindsey
I'm dealing with a similar situation right now and wanted to share what I learned from my experience. When you file for partial unemployment, timing really matters - don't wait thinking your hours might come back soon. I made that mistake and lost out on a few weeks of benefits. Also, keep detailed records of your work schedule changes. NYS Department of Labor might ask for documentation showing when your hours were reduced and why. Save any texts, emails, or schedule notices from your manager about the hour cuts. One more thing - if you get called in for extra shifts some weeks, don't be afraid to take them even if it means you won't get unemployment that week. The extra income might be worth it, and you can always continue filing claims the following week if your hours drop again. The system is designed to help people in exactly your situation, so don't feel bad about using it!
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Noland Curtis
•This is exactly what I needed to hear! I've been hesitating to file because I keep thinking my manager might give me more hours next week, but you're right - I shouldn't wait and miss out on benefits I'm eligible for. I definitely have some texts from my manager about the schedule cuts due to slow business, so I'll make sure to keep those saved. Thanks for the practical advice about taking extra shifts when they're offered too - I was worried that would mess up my claim somehow, but it makes sense that I can just file again the next week if hours drop back down.
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Everett Tutum
Just wanted to chime in with my recent experience - I was in almost exactly your situation at my café job a few months ago. Got my hours cut from 35+ to about 18 hours per week due to slow winter business. Filed for partial unemployment and it made such a difference with my rent and bills! The whole process was way less complicated than I expected. One thing I wish someone had told me upfront is that your first payment might take 2-3 weeks to come through, so don't panic if you don't see money right away. Also, the NYS Department of Labor website has a really helpful benefit calculator where you can estimate what you might receive based on your previous earnings - definitely check that out before filing so you know what to expect. The weekly certification process becomes routine pretty quickly, and like others said, just be completely honest about your hours and earnings. Your restaurant situation sounds like a textbook case for partial benefits, so definitely go for it!
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Katherine Ziminski
•Thank you so much for sharing your experience! It's really reassuring to hear from someone who went through the exact same thing. I had no idea about the 2-3 week delay for the first payment - that's definitely something I need to plan for. I'll check out that benefit calculator on the NYS Department of Labor website before I file, that sounds super helpful for setting expectations. Your comment about it becoming routine gives me confidence that I can handle the weekly reporting process. I've been putting this off for too long thinking it would be too complicated, but everyone's responses are making me realize I should just go ahead and file. Thanks for the encouragement!
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Oliver Schulz
Hey Diego! I just went through this process myself about 6 months ago when my hours at a bookstore got slashed. One thing that really helped me was setting up direct deposit right when I filed my initial claim - it speeds up getting your payments once they start coming through. Also, don't stress too much about the math on the partial benefits. The system will tell you exactly what you're getting each week based on what you report. I found it helpful to file my weekly claim on Sunday nights when I had all my hours and tips tallied up from the previous week. The NYS Department of Labor online system is actually pretty user-friendly once you get used to it. Your situation with reduced restaurant hours due to slow business is exactly what partial unemployment is designed for. Just make sure you keep looking for additional work or full-time opportunities while you're collecting - they do check on that. You've got this!
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Ella Cofer
•Thanks Oliver! That's great advice about setting up direct deposit right away - I hadn't thought about that but it makes total sense to get that sorted from the beginning. Filing on Sunday nights sounds like a smart routine too, gives me time to get all my hours and earnings organized from the week. I really appreciate you mentioning that the online system is user-friendly once you get used to it - that takes away some of my anxiety about the whole process. I've been overthinking this way too much when it sounds like it's actually pretty straightforward. Your encouragement means a lot, I'm definitely going to file this week!
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Rhett Bowman
Diego, I was in your exact situation working at a deli last year! Hours dropped from 40 to about 15 per week and I was so stressed about making rent. Filing for partial unemployment was honestly a lifesaver. The process is way more straightforward than it seems - you file an initial claim online, then do weekly certifications where you report your hours and earnings. NYS Department of Labor has this formula where you can earn up to your weekly benefit amount plus $50 before benefits get reduced, and the first $50 you earn doesn't count against your benefits at all. So if your benefit is $280/week, you could earn up to $330 before seeing any reduction. The key is being completely honest about your earnings and keeping good records. I used to take a photo of my schedule each week and keep all my pay stubs organized. Also remember you still need to be available for full-time work and do job search activities. Don't overthink it - your situation with reduced restaurant hours due to slow business is textbook partial unemployment eligibility!
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StarStrider
•This is such a detailed breakdown, thank you Rhett! The formula you explained really helps clarify things - so basically I can earn $50 without any penalty, then after that it starts reducing my benefits but not dollar for dollar until I hit that threshold. That makes way more sense than what I was imagining. Taking photos of my schedule is a brilliant idea, especially since restaurant schedules can be so unpredictable. I really appreciate you sharing your actual experience with this - hearing from someone who was in the same boat at a food service job makes me feel so much more confident about moving forward with filing. I'm definitely going to get my application in this week!
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Marina Hendrix
Hey Diego! I went through this exact same thing when my restaurant cut my hours during a slow period. You can definitely file for partial unemployment in NY - it's actually designed for situations like yours. Here's what I learned: You'll file an initial claim online, then certify weekly by reporting your exact hours and earnings (including tips). The system automatically calculates your partial benefit using their formula. What really helped me was keeping a simple notebook where I tracked my daily hours and tips - made the weekly reporting so much easier. Don't wait thinking your hours might come back soon, because benefits only start from when you file, not when your hours were reduced. Your manager reducing shifts due to slow business is exactly the kind of situation that qualifies for partial benefits. The process seems intimidating at first but it's actually pretty straightforward once you get started. Definitely worth filing if you're struggling to cover rent!
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StellarSurfer
•Marina, this is such practical advice! I love the idea of keeping a simple notebook to track daily hours and tips - that sounds way more manageable than trying to remember everything at the end of the week. You're absolutely right that I shouldn't keep waiting for my hours to come back, I've already lost a couple weeks thinking things might improve. It's really encouraging to hear from someone who went through the same thing at a restaurant and that the process worked out well for you. I think I was making this way more complicated in my head than it actually is. Thanks for the reassurance - I'm going to file my claim this week and start that daily tracking system you mentioned!
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Natasha Kuznetsova
Diego, I just went through this same exact situation at my coffee shop job! My hours got cut from 30+ to barely 15 per week and I was panicking about bills. Filing for partial unemployment in NY was honestly one of the best decisions I made. The process is way simpler than I thought it would be - you just file online, then do weekly check-ins where you report your hours and pay (tips included). The NYS Department of Labor system does all the calculations for you, so you don't have to stress about the math. What really saved me was starting a simple spreadsheet to track my shifts and earnings each day - made the weekly reporting super easy. Your situation with reduced restaurant hours due to slow business is exactly what this program is for. Don't overthink it like I did for weeks! The hardest part is just getting started, but once you're in the routine it becomes second nature. Definitely file ASAP since benefits only start from when you actually submit your claim, not when your hours were cut. You've got this!
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Olivia Martinez
•Natasha, thank you so much for sharing your coffee shop experience! It's incredible how similar our situations are - the anxiety about bills when hours get slashed is so real. I really appreciate the tip about using a spreadsheet to track everything daily. That seems like it would make the weekly reporting much less stressful than trying to piece everything together from memory. You're absolutely right that I've been overthinking this - everyone's responses have made it clear that this is exactly what partial unemployment is designed for. I keep hearing that the hardest part is just getting started, so I'm going to stop procrastinating and file my claim today. Thanks for the encouragement and for reminding me that benefits only start from when I file, not when my hours were cut - I definitely don't want to lose any more time!
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