NYS Department of Labor gross earnings calculation - confused about what counts
I'm having trouble figuring out how to calculate gross earnings for my weekly claim certification. I work part-time at a restaurant and my hours vary a lot week to week. Do I include tips in the gross earnings? What about if I got paid for training that happened the week before but the check came this week? The NYS Department of Labor website isn't super clear about this and I don't want to mess up my claim. I've been unemployed since November and finally got approved after adjudication, so I really don't want to screw this up now.
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Molly Chambers
For NYS Department of Labor weekly claims, gross earnings includes ALL income earned during that specific work week, regardless of when you actually received payment. This includes your hourly wages, tips, commissions, and any other compensation. The key is when you EARNED it, not when you got paid. So if you worked and earned tips Monday through Sunday, that all goes on that week's certification even if the paycheck comes later.
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Adrian Hughes
•So if I earned $180 in wages plus $95 in tips during the week, I report $275 total gross earnings? Even though the restaurant pays tips separately?
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Ian Armstrong
yeah you gotta include everything. i made the mistake of not reporting my tip money the first few weeks and they caught it during an audit. had to pay back like $400 in overpayments. not worth the risk
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Eli Butler
The training pay situation is tricky - it depends on which week you actually performed the training work. If you did training last week but got paid this week, you should have reported those earnings on last week's claim. If you didn't, you might need to call NYS Department of Labor to correct it. They're pretty strict about accurate reporting dates.
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Adrian Hughes
•Oh no, I think I might have reported it wrong then. The training was two weeks ago but I just got paid for it. Should I try calling to fix this?
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Marcus Patterson
•Good luck getting through to anyone at NYS Department of Labor by phone. I've been trying for weeks about my adjudication issue. You might want to try Claimyr - it's a service that helps you actually reach NYS Department of Labor agents. Found it at claimyr.com and they have a demo video at https://youtu.be/qyftW-mnTNI. Worked for my cousin when she had reporting errors to fix.
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Lydia Bailey
This whole system is so confusing! I'm in the same boat with my retail job - sometimes I get commissions that are calculated weird and I never know if I'm reporting the right amount. Plus they don't make it clear if overtime premium counts differently or what.
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Molly Chambers
•Overtime premium is still part of your gross earnings. If you worked 45 hours and got paid time-and-a-half for 5 hours, you report the full amount you earned including that overtime pay. NYS Department of Labor doesn't care how your employer calculates it - they just want the total gross amount you earned that week.
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Mateo Warren
Restaurant workers always get confused about this because of how tips work. Just remember - if money went in your pocket for work you did that week, it counts as gross earnings. Cash tips, credit card tips, tip pools, everything. And yeah definitely include training pay for the week you actually did the training, not when you got the check.
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Sofia Price
ugh this is exactly why I hate doing my weekly claims. so much anxiety about getting it wrong and then having to deal with overpayment notices later. at least you got through adjudication - mine's been pending for 6 weeks now
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Adrian Hughes
•Six weeks?? That's horrible. Mine took about 4 weeks and I was going crazy. Have you tried calling them?
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Natalie Wang
•@Sofia Price I ve'been dealing with NYS DOL for months now and phone calls rarely work - you ll'be on hold forever. Have you tried contacting your local legislator s'office? Sometimes they can help push things through when claims get stuck in adjudication limbo. Also document everything in case you need to appeal later. The waiting is brutal but don t'give up!
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