Under what circumstances can you collect unemployment benefits from NYS Department of Labor?
I'm trying to figure out if I qualify for unemployment benefits in New York. I've been working part-time at a retail store for about 8 months but my hours got cut to almost nothing last week. My manager said it's temporary but I can't survive on 6 hours a week. I also have a small side business doing freelance graphic design but it's not bringing in much money right now. Does anyone know what the actual requirements are for collecting unemployment from NYS Department of Labor? I'm confused about whether part-time workers can even apply and if having some freelance income disqualifies me completely.
11 comments
Join the conversation
Isabella Tucker
You can definitely apply for unemployment benefits in NY as a part-time worker if your hours were reduced through no fault of your own. The key requirements are: you must have earned enough wages in your base period (usually the first 4 of the last 5 completed calendar quarters), you must be able and available to work, and you must be actively seeking employment. For 2025, you need at least $3,300 in wages during your base period. Your freelance income needs to be reported when you file your weekly claims, but it doesn't automatically disqualify you - they'll just reduce your benefit amount based on what you earn.
0 coins
Emma Swift
•Thanks! Do you know how much freelance income I can make before they start reducing benefits? And do I need to report every single project?
0 coins
Jayden Hill
The freelance thing can be tricky with NYS Department of Labor. You need to report ANY income you earn during the week you earn it, even if you haven't been paid yet. If you make more than $405 per week from freelance work (that's 25% of the maximum benefit rate), they'll start reducing your unemployment benefits dollar for dollar. But here's the thing - if you're running a business, they might consider you not 'available' for work, which could disqualify you entirely. You really need to be careful how you present your freelance work when you file.
0 coins
LordCommander
•wait what?? I've been freelancing while on unemployment and reporting my income but nobody told me they could say I'm not available for work because of it. Should I be worried?
0 coins
Jayden Hill
•It depends on how much time you're spending on freelance work and whether you're turning down job opportunities because of it. As long as you're genuinely seeking full-time employment and available to accept work, you should be okay.
0 coins
Lucy Lam
I went through something similar last year when my restaurant hours got cut. The hardest part was actually getting through to someone at NYS Department of Labor to explain my situation. I kept calling the main number but could never get past the automated system. Finally found this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me weeks of frustration trying to get answers about my specific situation with mixed income sources.
0 coins
Emma Swift
•How much does something like that cost? I'm already struggling financially and can't afford expensive services right now.
0 coins
Lucy Lam
•It's worth checking out their site for details, but honestly it was way less stressful than spending hours every day trying to get through on my own. Sometimes you just need to talk to a real person who can look at your account.
0 coins
Aidan Hudson
Just make sure you keep detailed records of EVERYTHING if you do apply. NYS Department of Labor will ask for proof of your work search efforts, documentation of your reduced hours, and records of all income including freelance payments. I learned this the hard way when they requested an audit of my claim six months later.
0 coins
Emma Swift
•What kind of work search records do they want? Like do I need to save every job application confirmation email?
0 coins
Zoe Wang
ugh the whole system is so confusing!! I'm in a similar boat with reduced hours but I'm terrified to apply because I don't want to mess anything up and owe them money later. Why can't they just have clear guidelines posted somewhere instead of making us guess??
0 coins