Will driving for Uber Eats affect my NYS Department of Labor unemployment benefits?

Yes, you absolutely need to report ALL income from Uber Eats on your weekly claim certification. Even though you're technically an independent contractor, NYS Department of Labor considers this work and it will affect your benefits. You report the gross amount you earned during the week you actually received payment, not when you did the deliveries. There's a partial benefit formula - you can earn up to 25% of your weekly benefit rate without any reduction, then it's dollar for dollar after that.

be careful with the timing though!! i made this mistake when i was doing doordash last year. you report the income for the week you GET PAID not the week you worked. uber eats usually pays weekly so just keep track of when the deposits hit your account

I've been doing Uber Eats while on unemployment for 3 months now and it's been working out okay. Just make sure you're still available for full time work and actively job searching. The job search requirement is still 3 activities per week even if you're doing gig work. Also keep really good records because if you get audited later you'll need to show exactly what you earned and when.

The whole system is so confusing! I tried calling NYS Department of Labor to ask about this exact same thing and spent 2 hours on hold before getting disconnected. Has anyone actually gotten through to them recently? I need to know if I can start doing Instacart without messing up my benefits.

Just want to add that you still need to be available for full time work. If you're driving Uber Eats 40+ hours a week, that could be an issue if NYS Department of Labor thinks you're not genuinely looking for regular employment. Keep it part time and make sure you can still accept interview offers during normal business hours.

ugh the reporting is such a pain but yeah you have to do it. i learned the hard way when i got an overpayment notice for not reporting my grubhub earnings properly. just be honest about everything and keep screenshots of your earnings

I'm in a similar situation and have been hesitant to start any gig work because I'm worried about making mistakes with reporting. From what everyone's saying here, it sounds like the key things are: 1) Report ALL income when you receive payment, not when you work, 2) You can earn up to 25% of your weekly benefit without reduction, 3) Keep detailed records, and 4) Still maintain availability for full-time work and job search activities. Has anyone had issues with NYS Department of Labor questioning whether gig work makes you "unavailable" for regular employment? I'm thinking of just doing a few hours on weekends but want to make sure that won't flag anything.

Just to add some clarity on the 25% rule that Liam mentioned - it's actually 25% of your weekly benefit rate OR $100, whichever is LESS. So if your weekly benefit is $400, you'd get $100 (25% of $400). But if your weekly benefit is $300, you'd only get $75 (25% of $300). After that threshold, it's dollar-for-dollar reduction. I found this out the hard way when I assumed it was always $100. Also, make sure you're reporting gross earnings before any expenses or fees that Uber takes out - NYS Department of Labor wants the total amount you earned, not what you actually received after their cuts.

One thing I haven't seen mentioned yet is that you should also keep track of your vehicle expenses if you're driving for Uber Eats - gas, wear and tear, etc. While you still have to report the gross earnings to NYS Department of Labor, you can deduct those business expenses when you file your taxes next year since you'll be getting a 1099 from Uber. It won't help with your weekly unemployment calculation, but it'll save you money at tax time. Also, definitely download a mileage tracking app like MileIQ or Stride - the IRS standard mileage deduction is pretty generous for delivery drivers and can add up to significant savings.