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Jamal Brown

How does contract work affect unemployment benefits in NY?

I've been collecting unemployment for about 6 weeks now and just got offered some freelance contract work that would pay around $800 for a 2-week project. I'm really confused about how this affects my NYS Department of Labor benefits. Do I need to report contract income differently than regular employment? Will this mess up my weekly claims or disqualify me completely? The work would be maybe 15-20 hours per week but I'd still be actively job searching for full-time permanent work. Anyone dealt with contract work while on UI before?

Mei Zhang

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Yes, you absolutely need to report ALL income from contract work on your weekly claims. The NYS Department of Labor considers any earnings as reportable income, whether it's W-2 or 1099 work. You'll report the gross amount earned during each week you file. Your benefits will be reduced dollar-for-dollar after the first $320 you earn in a week, but you won't be completely disqualified unless you work over 30 hours or earn more than your weekly benefit rate plus $320.

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Jamal Brown

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Thanks! So if my weekly benefit is $400 and I earn $500 in one week from the contract, I'd get $220 in unemployment that week ($400 - ($500 - $320))? And I need to report this on the week I actually did the work, not when I get paid?

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Mei Zhang

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Exactly right on the calculation! And yes, you report earnings for the week you performed the work, not when you receive payment. Make sure to keep detailed records of your hours and earnings for each week.

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wait im confused about this whole contract thing too... i thought any work meant you lose benefits?? i've been turning down gig work because i was scared it would mess up my claim

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No, you don't automatically lose benefits for working! The NYS Department of Labor has partial benefit rules specifically to encourage people to take temporary work while job searching. As long as you stay under 30 hours per week and report everything honestly on your weekly claims, you can often still receive some unemployment benefits.

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CosmicCaptain

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Contract work can be tricky with the NYS Department of Labor system. I had issues last year where my weekly claims kept getting flagged for adjudication every time I reported 1099 income. Took forever to get through to someone to explain the situation. If you run into problems reaching an agent about this, I used claimyr.com - they actually got me connected to a NYS Department of Labor rep who walked me through the whole contract reporting process. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works.

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Jamal Brown

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Did the adjudication delay your payments? I'm worried about reporting the contract work and then having my benefits held up for weeks.

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CosmicCaptain

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It did delay things for about 3 weeks, but once I got to speak with someone they backdated everything. The key is being proactive about contacting them if your claim gets stuck.

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MAKE SURE you understand the difference between being an independent contractor vs employee! If they're treating you like an employee but calling you a contractor, that could affect how NYS Department of Labor views your job search requirements. I got burned on this once - client was controlling my schedule and location but paying me as 1099, and when I reported it as contract work during my weekly claim, it triggered questions about whether I was really available for full-time work.

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Jamal Brown

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How do you tell the difference? This project is pretty flexible - I can work from home and set my own hours as long as I meet the deadline.

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Sounds like legitimate contract work then. The red flags are when they control your schedule, require you to work on-site, provide equipment, or treat you like a regular employee. Your situation sounds fine.

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just took contract work last month and it was fine, no issues with reporting it on my weekly claims. the unemployment office doesn't care as long as you're honest about hours and pay

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Same here, been doing small freelance projects throughout my unemployment and never had problems. Just be accurate with your reporting.

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I went through this exact situation a few months ago! The key thing that helped me was keeping really detailed records - I made a simple spreadsheet tracking exactly which days I worked, how many hours each day, and what I earned. When you file your weekly claim, you'll answer "yes" to working during that week and then enter the total gross earnings and hours worked. The system will automatically calculate your reduced benefit amount. One tip: if your contract work spans multiple claim weeks, make sure you're allocating the earnings to the correct weeks based on when you actually performed the work, not when you submitted invoices or got paid. This kept me out of trouble with audits later on.

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