What happens if I keep collecting unemployment while working - NYS Department of Labor penalties?
I've been getting unemployment for about 6 weeks now and just started a part-time job last week. I know I'm supposed to report my earnings when I file my weekly claim but I'm confused about what exactly counts as work. Like if I work 15 hours and make $300, do I still get some unemployment or does it get cut off completely? And what happens if someone doesn't report their work - I'm not planning to do that but I'm curious about the penalties since a coworker mentioned something about people getting in trouble for this.
29 comments

Miguel Herrera
You MUST report all work and earnings when you file your weekly claim certification. NYS Department of Labor has a partial benefit formula - you can earn up to $405 per week before your benefits get reduced, and you can earn up to $525 before you lose benefits entirely for that week. Not reporting work is considered fraud and can result in disqualification, overpayment demands, and even criminal charges.
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Ava Thompson
AuthorThank you! So if I make $300 working 15 hours, I should still get some unemployment benefits for that week? And I definitely need to report it when I do my weekly certification?
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Zainab Ali
yeah you have to report everything or they'll come after you. my friend didn't report some cash work and NYS Department of Labor found out somehow and now he owes like $4000 back plus penalties
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Connor Murphy
How did they find out about cash work? That's scary that they can track that stuff down
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Yara Nassar
The consequences for not reporting work while collecting unemployment are serious. NYS Department of Labor can impose a 10-week disqualification period for the first offense, plus you'll have to repay all benefits received during that time. They also charge a 15% penalty on top of the overpayment amount. For repeated offenses or large amounts, they can refer cases for criminal prosecution.
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StarGazer101
This is why I always tell people to be honest on their weekly claims. It's never worth the risk - NYS Department of Labor has computer systems that cross-check with employers and the IRS.
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Keisha Jackson
ugh the whole system is so confusing though!! like what if you do gig work or freelance stuff, how are you supposed to estimate your earnings when you file your weekly claim if you haven't been paid yet?
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Miguel Herrera
For gig work or freelance, you report earnings for the week you performed the work, not when you get paid. So if you drive for Uber on Monday and make $200, you report that $200 on your weekly claim for that week even if Uber doesn't pay you until the following week.
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Paolo Romano
I had trouble reaching NYS Department of Labor when I had questions about reporting part-time work earnings. Kept getting busy signals and disconnected calls. Finally used this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. The agent was able to explain exactly how the partial benefit calculation works for my situation.
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Ava Thompson
AuthorThat's really helpful - I've been trying to call NYS Department of Labor for days with no luck. I'll check out that service since I want to make sure I'm doing everything correctly.
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Zainab Ali
Just be honest on your weekly claims and you'll be fine. The partial benefit thing actually works pretty well - you can make some money working part-time and still get some unemployment to help cover your bills.
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Tasia Synder
I went through something similar when I started part-time work while on unemployment. The key thing to remember is that NYS uses a formula where they reduce your weekly benefit amount by 25% of what you earn over $50. So if your weekly benefit is $300 and you earn $300 from part-time work, you'd get $300 - (0.25 × $250) = $237.50 in unemployment benefits that week. Always report your gross earnings (before taxes) for the week you actually worked, not when you get paid. The system is designed to encourage people to work part-time while looking for full-time employment, so don't let fear keep you from being honest about your earnings.
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Freya Andersen
I'm dealing with a similar situation right now - started a new part-time retail job while still collecting unemployment. The weekly certification process asks very specific questions about work performed and earnings, so there's really no ambiguity about what you need to report. One thing that helped me was keeping detailed records of my hours and gross pay each week, including any tips or bonuses. NYS Department of Labor also has a work search requirement waiver if you're working part-time, which is a nice benefit. The partial unemployment system actually makes it easier to transition back to full-time work without the financial cliff you'd face if benefits cut off completely. Just make sure you understand whether your part-time job affects your work search requirements too.
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Dmitry Smirnov
This is really helpful information! I'm new to navigating unemployment while working part-time and wasn't sure about all the details. The work search requirement waiver you mentioned is something I hadn't heard about - does that automatically apply when you start part-time work, or do you need to request it? I'm trying to make sure I stay compliant with all the requirements while I look for full-time employment.
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Fatima Al-Hashemi
@Dmitry Smirnov The work search requirement waiver isn t'automatic - you typically need to indicate on your weekly certification that you re'working part-time hours. From what I understand, if you re'working at least 10 hours per week, NYS may reduce or waive the work search requirements for that week. However, I d'recommend calling NYS Department of Labor directly or using that Claimyr service @Paolo Romano mentioned to get the exact details for your situation, since the rules can vary based on your specific circumstances and benefit year. Better to get official confirmation than rely on what we think we know!
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Oliver Schulz
@Dmitry Smirnov The work search requirement waiver isn t'automatic - you typically need to indicate on your weekly certification that you re'working part-time hours. NYS Department of Labor will then evaluate whether your part-time work meets their criteria for the waiver. Generally, if you re'working at least 10-15 hours per week, they ll'waive the work search requirement since you re'already actively engaged in employment. Just make sure to answer the work search questions honestly on your weekly claim and they ll'adjust your requirements accordingly. It s'one less thing to worry about while you re'transitioning back to full-time work!
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StellarSurfer
@Dmitry Smirnov The work search requirement waiver isn t'automatic - you typically need to indicate on your weekly certification that you re'working part-time. NYS Department of Labor may reduce or waive the work search requirements if you re'working a certain number of hours per week usually (20+ hours ,)but it varies by case. I d'recommend calling them or using that Claimyr service @Paolo Romano mentioned to get clarification for your specific situation. It s better'to ask upfront than assume and potentially miss a requirement that could affect your benefits.
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Javier Morales
@Dmitry Smirnov The work search waiver for part-time work isn t'automatic - you typically need to indicate on your weekly certification that you re'working part-time. NYS Department of Labor may reduce your work search requirements, but it varies by situation. I d'recommend calling them to clarify your specific requirements, or you could try that Claimyr service that @Paolo Romano mentioned earlier to get through to an agent faster. Better to confirm the details now rather than risk any compliance issues later!
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Fatima Al-Suwaidi
@Dmitry Smirnov The work search requirement waiver isn t'automatic - you typically need to indicate on your weekly certification that you re'working part-time. NYS Department of Labor will then evaluate whether your part-time work constitutes a reasonable work search activity. Generally, if you re'working at least 15-20 hours per week, they ll'waive the additional work search requirements, but it s'always best to confirm this when you file your weekly claim. Keep documenting your work hours just in case they ask for verification later.
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Yuki Ito
@Dmitry Smirnov The work search requirement waiver typically applies automatically when you re'working part-time usually (20+ hours per week ,)but it s'worth confirming with NYS Department of Labor since the rules can vary. When you file your weekly claim and report part-time work, the system should recognize this and adjust your requirements accordingly. I d'recommend keeping documentation of your work hours just in case they ask for verification later. You can also check your online account dashboard - it usually shows your current work search requirements status.
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Freya Pedersen
@Dmitry Smirnov The work search requirement waiver isn t'automatic - you typically need to meet certain criteria. From what I understand, if you re'working part-time usually (defined as working and earning less than your weekly benefit amount ,)you may be exempt from some work search activities, but you should still be actively looking for full-time work. The best thing to do is check your weekly certification questions carefully - they ll'usually indicate if you need to complete work search activities that week. You can also call NYS Department of Labor to clarify your specific situation, though as others mentioned, getting through can be challenging. Better to ask and be sure than assume and get it wrong!
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Danielle Campbell
@Dmitry Smirnov The work search requirement waiver isn t'automatic - you typically need to meet certain criteria and it may need to be requested or documented properly. From my experience, if you re'working a significant number of hours per week usually (20+ hours ,)NYS Department of Labor may reduce or waive the work search requirements since you re'already actively engaged in employment. I d'recommend calling them directly or checking your online account to see if there are any specific forms or notifications needed. It s'definitely worth clarifying this since missing work search requirements can affect your benefits even if you re'reporting your part-time work correctly.
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Kristin Frank
@Dmitry Smirnov The work search requirement waiver isn t'automatic - you typically need to indicate on your weekly certification that you re'working part-time. NYS Department of Labor will then evaluate whether your part-time work hours meet their criteria for the waiver usually (if you re'working at least 20 hours per week .)Keep documenting your work search activities just in case, since the waiver can be removed if your work hours drop or if the job ends. I d'recommend calling them or using a service like the one Paolo mentioned earlier to get clarification on your specific situation.
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Nathan Kim
The work search requirement waiver isn't automatic - you need to indicate on your weekly certification that you're working part-time hours. When you report working and earning income during your weekly claim, the system will typically waive the work search contacts requirement for that week since you're already actively working. Just make sure you're still looking for full-time work and keep records in case they audit your claim later. I learned this the hard way when I forgot to properly indicate my part-time work status and almost got flagged for not meeting work search requirements!
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GalacticGuardian
@752fae7bea6e The work search requirement waiver isn't automatic - you typically need to indicate on your weekly certification that you're working part-time hours. NYS Department of Labor considers part-time work as meeting the work search requirement, but you still need to report it properly when you file your weekly claim. I'd recommend calling them or using that Claimyr service @2fc7063621dc mentioned to get clarification on your specific situation, since the requirements can vary depending on your circumstances and the number of hours you're working.
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Zainab Khalil
@Dmitry Smirnov The work search waiver isn t'automatic - you typically need to indicate on your weekly certification that you re'working part-time. NYS Department of Labor may then waive the work search requirement for weeks when you work, but you should still keep looking for full-time work and be prepared to document your job search activities. I d'recommend calling them or checking your online account to confirm the specific requirements for your situation, since policies can vary based on your benefit type and work hours.
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Zoe Gonzalez
From my experience, the work search waiver isn't automatic - you typically need to indicate during your weekly certification that you're working part-time hours. NYS Department of Labor's system usually recognizes this and adjusts your requirements accordingly, but it's worth double-checking your online account to make sure the waiver is properly applied. I'd recommend calling them or using one of those callback services if you can't get clarity online. The last thing you want is to miss work search requirements because of a system glitch while you're doing everything else right with reporting your part-time earnings.
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Sean O'Donnell
@Dmitry Smirnov The work search requirement waiver isn t'automatic - you need to apply for it through your online account or by calling NYS Department of Labor. Generally, if you re'working at least 20 hours per week, you may qualify for the waiver. You ll'need to provide documentation of your part-time employment like (a work schedule or pay stub .)I d'recommend applying for it as soon as possible since it can take a few weeks to process. In the meantime, you still need to complete your work search activities until the waiver is approved. Keep good records of your part-time work hours and any job search activities you do, just to be safe!
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Sean O'Connor
The work search requirement waiver isn't automatic - you need to check the appropriate box on your weekly certification when you report working part-time hours. NYS Department of Labor considers part-time work as meeting the work search requirement, but you still need to indicate this on your claim. Make sure you're working at least some hours each week to qualify for this waiver. If you have a week where you don't work any hours, you'd need to resume the regular work search activities for that week.
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