Do companies have to pay unemployment benefits in New York?
I just got laid off from my job at a small marketing firm and my friend told me that some companies don't have to pay into unemployment insurance. Is this true? I'm worried my employer might not have been paying unemployment taxes and I won't be able to get benefits. The company only had about 8 employees. Does NYS Department of Labor require all employers to pay unemployment insurance or are there exceptions? I really need these benefits to pay my rent while I look for work.
8 comments


Anastasia Ivanova
In New York, most employers are required to pay unemployment insurance taxes to fund the UI system. Generally, any employer who pays wages of $300 or more in any calendar quarter is subject to NYS Department of Labor unemployment insurance requirements. Your small company with 8 employees would definitely be covered if they're paying regular wages. The employer contributions fund the unemployment insurance program - it's not something that comes out of your paycheck.
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Diego Flores
•That's a relief! So even though we were a small company, they should have been paying into the system. How do I check if my employer was actually paying their unemployment taxes?
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Sean Murphy
You can verify your employer's unemployment insurance status when you file your claim. NYS Department of Labor will check their records to confirm your employer was properly registered and paying UI taxes. If there's an issue with the employer not paying, it doesn't necessarily disqualify you from benefits, but it might complicate the process. I'd recommend filing your claim as soon as possible regardless.
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StarStrider
•This happened to me once - my employer hadn't been paying their unemployment taxes properly and I still got benefits, but there was a delay while NYS Department of Labor sorted it out with the company.
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Zara Malik
yeah most companies have to pay it, even small ones. I think the only exceptions are like churches and some non-profits maybe? but regular businesses definitely have to contribute to unemployment insurance
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Luca Marino
•That's mostly correct. Religious organizations and certain non-profits can be exempt, but they can also choose to participate. Agricultural employers have different rules too. But for a typical small business like a marketing firm, they absolutely have to pay unemployment insurance taxes to NYS Department of Labor.
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Nia Davis
I had a nightmare trying to reach NYS Department of Labor when I had questions about my employer's UI status during my claim. Kept getting busy signals and getting disconnected. Finally found this service called Claimyr (claimyr.com) that actually got me through to an agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made the whole process so much easier when I needed to verify my employer information.
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Diego Flores
•Thanks for the tip! I'll definitely check that out if I have trouble getting through to ask about my employer's status.
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