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Anastasia Kozlov

When to stop certifying for NY unemployment after getting 1099 gig work?

Hi everyone! I just landed a 1099 gig job last week and I'm confused about my NY unemployment benefits. Should I stop certifying immediately or do I need to report the income first? And if the gig ends in a few months, can I restart my claim or do I need to file a whole new application? This is my first time dealing with contractor work while on unemployment. Any advice would be super helpful! Thanks in advance.

You need to report any income you earn while receiving benefits, even from 1099 work. When you certify weekly, you'll report the days you worked (even partial days count as full days) and NY will calculate a partial payment if eligible. If you work 4+ days or earn more than $504 in a week, you'll receive no benefits for that week, but your claim stays open. If your gig ends within your benefit year, you can resume certifying without filing a new claim.

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Thanks for the quick response! So I should keep certifying and just report the days I worked? What counts as a 'day worked' with freelance stuff? Sometimes I only work 2-3 hours in a day.

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@Sean Flanagan This is not true at all. It is now hours based for the whole week, not per day. "As of January 18, 2021, New York State has implemented a new rule that redefines how part-time work impacts unemployment benefits. This change makes New York’s partial unemployment system fairer and more equitable for New Yorkers who have the opportunity to work part-time while collecting Unemployment Insurance (UI). NYS DOL’s new partial unemployment system uses an “hours-based” approach. Under the new rules, you can work up to 7 days per week without losing full unemployment benefits for that week, if you work 30 hours or fewer and earn $504 or less in gross pay excluding earnings from self-employment. With this change, your benefits will not be reduced for each day you engage in part-time work. Instead, benefits will be reduced in increments based on your total hours of work for the week.

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i gotts the same problem last month lol. they count ANY work as a full day even if its like 30 mins! super annoying but thats how it is. just be honest bout the days u worked or theyll come after u later for overpayment.

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Seriously? That seems really unfair for gig workers. So if I work 1 hour every day, I'd get no benefits at all even though I'm making way less than my regular job?

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YES! Any work at all counts as a "day worked" regardless of hours. It's the DUMBEST system ever! I had a small freelance gig last year and lost almost all my benefits because I spread the work over 5 days instead of cramming it into 2-3 days. I learned to concentrate all my work hours into fewer days to maximize my UI payments. The system is totally stacked against gig workers!

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This is correct but incomplete advice. While it's true any amount of work counts as a full day, the key is understanding the partial benefit calculation. For each day you work, your weekly benefit rate is reduced by 25%. Work 1 day, get 75% of your benefit. Work 2 days, get 50%. Work 3 days, get 25%. Work 4+ days, you get zero for that week.

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@NebulaNinja Not correct advice. It is hours based now in NYS for partial employment. https://dol.ny.gov/unemployment/partial-unemployment-eligibility

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congrats on the gig! keep certifying. my brother stopped and it was a nightmare to get back on when his contract ended.

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Thank you! Did your brother have trouble getting through to someone when he needed to restart? I've heard the phone lines are impossible.

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I went through EXACTLY this last month. Keep certifying weekly and report your work days. Try to consolidate your work into as few days as possible (like work longer hours on fewer days). I couldn't get through to NYSDOL when my contract ended and needed clarification. I finally used Claimyr.com to get through to an agent without waiting for hours. They have a demo video at https://youtu.be/Rdqa1gKtxuE showing how it works. It was the only way I could get an agent to help restart my full benefits. They explained everything and fixed an issue with my account too.

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Thanks for the tip. I'll definitely reorganize my work schedule to fewer days. I checked out that video - looks helpful if I need to reach someone. Did they give you any trouble about restarting after your contract ended?

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just fyi they check 1099 income with the IRS so dont lie about how much u make or ull be in big trouble. my uncles friend got caught and had to pay back like 8000 dollars plus penalties

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THIS!!! The Department of Labor actively looks for fraud and they WILL catch you eventually. I know someone who didn't report side gig income correctly in 2023 and got hit with a massive overpayment notice in 2025. Always report accurately!

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To summarize the correct procedure for your situation: 1. Continue certifying weekly 2. Report accurately the number of days you worked (any amount of work counts as a full day) 3. Report your gross earnings before expenses 4. If your earnings exceed $504 in a week OR you work 4+ days, you'll receive zero benefits that week 5. Your claim remains open for 52 weeks from when you first filed 6. When your gig ends, simply resume normal certification 7. If your benefit year has expired, then you would need to file a new claim Additionally, consider tax implications - unemployment benefits and 1099 income are both taxable. You may want to have taxes withheld from your UI benefits and make quarterly estimated tax payments on your 1099 income.

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Thank you so much for this clear breakdown! This is exactly what I needed. One last question - do I need to call them when my gig ends, or just start certifying normally again?

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You don't need to call when your gig ends - just resume certifying normally. However, if you go several weeks without certifying (4+ consecutive weeks), the system may ask you additional questions when you restart. Answer honestly about why you weren't certifying (you were working) and you should be fine. Just be prepared for potential delays if the system flags your claim for review after the gap.

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Perfect! This has been so helpful. I'm going to consolidate my work hours into fewer days and keep certifying weekly. Thanks everyone for all the guidance!

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Hi @Anastasia I am afraid you have been given incorrect information from the other comments. You do not need to report an entire day for only a few hours, that hasn't been the case in years. Please reference the Partial UI website for more information. https://dol.ny.gov/unemployment/partial-unemployment-eligibility

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@Alex Wade Thank you for clearing this up! I was getting really confused with all the conflicting information. So based on the link you shared, it s'hours-based now - I can work up to 30 hours per week and earn up to $504 without losing my full benefits? That s'way better than what others were saying about losing benefits for any work day. I really appreciate you posting the official source!

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@Alex Wade Thanks for sharing the official link! This is really helpful and clears up a lot of confusion. So just to make sure I understand correctly - under the new hours-based system, as long as I work 30 hours or less per week and earn $504 or less, I keep my full unemployment benefits? And I can work up to 7 days without it affecting my benefits as long as I stay under those thresholds? This is much better news than what I was hearing about losing benefits for any work day!

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@Alex Wade Wow, thank you so much for correcting the misinformation! I was getting really worried reading all those comments about losing benefits for working just a few hours. So if I understand the current rules correctly - I can work my 1099 gig for up to 30 hours per week and earn up to $504 without any reduction in my unemployment benefits? And it doesn t'matter how many days I spread those hours across? This is such a relief! I was planning to cram everything into 2-3 days based on what others were saying, but now I can work a more normal schedule. Thanks for sharing the official source!

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@Alex Wade is absolutely right - there's a lot of outdated information in this thread! The hours-based system that started in 2021 is much more favorable for gig workers. I went through this exact situation last year with my freelance graphic design work. As long as you stay under 30 hours per week and $504 in gross earnings (not counting self-employment), you keep your full UI benefits regardless of how many days you work. The old "any work counts as a full day" rule is gone. Just make sure to report your hours and earnings accurately when you certify each week. The system will automatically calculate if you qualify for partial or full benefits based on the current rules. Good luck with your new gig!

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This is such a game changer! I'm new to this whole unemployment/gig work situation and was really stressed about potentially losing all my benefits. It's so confusing when there's outdated info floating around - I almost made some really bad scheduling decisions based on the old rules. Thanks to everyone who shared the correct current information about the hours-based system. It's really reassuring to know I can work a reasonable schedule with my 1099 gig and still maintain my unemployment benefits as long as I stay under the 30 hour/$504 thresholds. This community is amazing for helping newcomers navigate these complicated systems!

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As someone who recently went through a similar situation, I can confirm that @Alex Wade is correct about the current hours-based system! I was also initially confused by conflicting information online. The key thing to remember is that NY changed to this fairer system in January 2021, so any advice from before then (or people still thinking it works the old way) will be wrong. I successfully managed a part-time consulting gig while on unemployment by tracking my hours carefully each week. The online certification system walks you through reporting your hours and earnings, and it automatically calculates your benefit amount. Just be meticulous about record-keeping - I kept a simple spreadsheet with dates, hours worked, and earnings for each project. This made weekly certification much easier and gave me documentation in case there were ever any questions. The new system really does make it possible to do gig work without completely losing your safety net!

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This is incredibly helpful - thank you for sharing your real experience with the hours-based system! I love the idea of keeping a spreadsheet to track everything. That seems like it would make the weekly certification process so much smoother and give me peace of mind that I'm reporting accurately. It's such a relief to hear from multiple people who have actually navigated this successfully under the current rules. I was honestly feeling pretty overwhelmed trying to figure out how to balance my new 1099 work with my unemployment benefits, but now I feel much more confident about moving forward. Thanks to everyone in this thread who took the time to share the correct information and clear up all the confusion!

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I'm so glad @Alex Wade and others cleared up the misinformation in this thread! As someone new to the NY unemployment system, I was getting really worried about how gig work would affect my benefits. The hours-based system (30 hours or less + $504 or less = keep full benefits) makes so much more sense for today's economy where many people do freelance or contract work. It's frustrating how much outdated information is still circulating online - I almost made some poor decisions based on the old "any work = full day lost" rules that are no longer in effect. Thanks to everyone who shared their real experiences and pointed to the official DOL resources. This is exactly why communities like this are so valuable for helping people navigate these complex systems!

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I'm also really grateful for @Alex Wade jumping in with the correct information! As someone who just started receiving unemployment benefits last month, I was getting pretty anxious reading all those comments about losing benefits for working even a few hours. The hours-based system is such a relief - it actually makes it possible to take on small gigs without completely destroying your safety net. I bookmarked that official DOL link too because I have a feeling I ll'need to reference it again. It s'wild how much bad information gets passed around about unemployment rules. Thanks everyone for helping newcomers like me understand how this actually works!

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Wow, this thread has been such a rollercoaster of information! As someone who's been on unemployment for about 6 weeks and just got offered a small freelance writing gig, I was initially panicking after reading the early comments about losing benefits for any work day. Thank goodness @Alex Wade corrected everyone with the actual current rules! The hours-based system (up to 30 hours and $504 per week while keeping full benefits) is so much more reasonable for people trying to get back on their feet. I'm definitely bookmarking that official DOL link and will be keeping detailed records like @Vera Visnjic suggested. It's amazing how much bad information is still floating around from the old system - this community discussion probably saved me from making some really poor scheduling decisions. Thanks to everyone who shared their real experiences and helped clear up the confusion!

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@Laila Fury I m'in almost the exact same situation! Just started receiving benefits a few weeks ago and was offered a part-time remote social media gig. I was literally about to turn it down after reading those early comments about losing all benefits for working any hours. Thank you so much to @Alex Wade for sharing the correct current information - the hours-based system makes it actually feasible to take on some work while still having that unemployment safety net. I m definitely'going to start that spreadsheet tracking system too. It s scary'how much outdated info is out there - I almost made a really bad financial decision based on rules that haven t been'in effect for years! This thread has been a lifesaver for understanding how the system actually works now.

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As someone who just started collecting unemployment benefits two weeks ago, this thread has been incredibly eye-opening! I was actually considering turning down a small freelance opportunity because I was afraid it would mess up my benefits. Thank you so much to @Alex Wade for correcting all the outdated information with the official DOL link. The hours-based system (30 hours or less + $504 or less = keep full benefits) is such a game changer for people like us trying to get back on our feet. It's honestly shocking how much misinformation is still circulating about the old day-based rules. I'm bookmarking that partial unemployment page and will definitely start tracking my hours like others suggested. This community discussion probably saved me from missing out on income I really need while still protecting my unemployment safety net. Thanks everyone for sharing your real experiences!

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@Aisha Khan I m'so glad you found this thread helpful! I m'also pretty new to unemployment started (about a month ago and) was in the exact same boat - almost turned down a small consulting project because I thought any work would kill my benefits. It s'really frustrating how much outdated information is still out there from the pre-2021 rules. The hours-based system is such a relief - being able to work up to 30 hours and earn up to $504 while keeping full benefits actually makes it possible to rebuild without losing that crucial safety net. I ve'already started using a simple spreadsheet to track my hours and earnings like others suggested. Thanks to @Alex Wade and everyone else who jumped in with the correct current information - this discussion has been invaluable for newcomers like us trying to navigate this system!

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