NYS Department of Labor unemployment claim - does increasing minimum wage increase unemployment risk for my job?
I just heard New York is raising minimum wage again and I'm worried about my job security. I work at a small restaurant and my manager keeps talking about cutting hours or letting people go because of labor costs. If I end up losing my job, how does the NYS Department of Labor calculate unemployment benefits? Would it be based on my current wage or the new minimum wage? I've never filed for unemployment before and I'm really stressed about this whole situation. Has anyone else lost their job because of minimum wage increases and had to deal with NYS Department of Labor claims?
10 comments


The Boss
Your unemployment benefits would be calculated based on your actual wages from the past year, not the minimum wage amount. The NYS Department of Labor uses your base period earnings to determine your weekly benefit rate. If you do need to file, make sure you have all your pay stubs ready because they'll need to verify your income history.
0 coins
Mia Roberts
•Thanks that's really helpful! I've been keeping all my pay stubs just in case. Do you know how long the NYS Department of Labor takes to process a new claim?
0 coins
Evan Kalinowski
i went through this last year when my hours got cut at a retail job... the restaurant industry has been hit pretty hard with wage increases tbh. even if you dont lose your job completely you might qualify for partial unemployment if your hours get reduced significantly
0 coins
Victoria Charity
The relationship between minimum wage and employment is actually complex - some businesses do reduce staff while others absorb the costs or increase prices. If you do end up needing to file an unemployment claim, the NYS Department of Labor process typically takes 2-3 weeks for initial processing, though it can be longer if they need additional documentation. Make sure to file your weekly claims on time even if your initial claim is still being processed.
0 coins
Jasmine Quinn
•2-3 weeks?? I thought it was supposed to be faster than that. The NYS Department of Labor website makes it sound like you get benefits right away
0 coins
Victoria Charity
•The website shows the timeline for processing, but there's often a waiting period plus time for them to verify your employment history. That's why it's important to file as soon as possible after losing your job.
0 coins
Oscar Murphy
If you're having trouble getting through to the NYS Department of Labor by phone to ask about your situation, I had success using Claimyr (claimyr.com). They help you get connected to an actual agent instead of sitting on hold forever. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really saved me time when I needed to check on my claim status last month.
0 coins
Mia Roberts
•I'll check that out, thanks! I've heard the phone lines are impossible to get through to.
0 coins
Nora Bennett
ugh the whole system is so messed up... minimum wage goes up and small businesses suffer while big corporations just pass the costs to customers. then workers end up unemployed anyway and have to deal with the nightmare that is NYS Department of Labor bureaucracy
0 coins
Ryan Andre
•I feel you on the bureaucracy part. The NYS Department of Labor system is definitely not user friendly.
0 coins