Monthly Archives

October 2018

Louisiana: Separation Report LWC 77

Whenever an employee terminates for a reason that would potentially disqualify him/her from receiving UI benefits, such as a discharge for misconduct, a quit without good cause connected with the work, or a labor dispute, it is important that the employer completes a separation notice within three days after the date on which the separation from service occurs, or three days after the worker’s separation from employment. Failure to do so can negatively impact your UI tax rate.

We would like to remind our Louisiana clients to keep in mind the laws enforced by Senate Bill 676 (attached) back in 2012, which state that employers will not be relieved from UI benefit charges when a former employee has satisfied a disqualification period and begun drawing UI benefits unless all of the following have been done:

  1. The employer has filed a timely Form LWC 77, Separation Notice Alleging Disqualification (new requirement),
  2. The employer has filed a timely response to a Notice of Claim Filed or a Notice to Base Period Employer, and
  3. The separation of employment is determined to be under disqualifying conditions.

The completed Form LWC 77 must contain the date of separation, a full explanation of the reason for separation, and information about any payments made upon separation, such as severance pay or accrued vacation pay.

Note the following example:  One of your workers voluntarily quits to go to work for Employer B. Several months later Employer B lays off the worker, who then files an unemployment claim and is found eligible for benefits. You will not be relieved from benefit charges unless you have complied with the Form LWC 77 requirements.

Another cause for concern relates to your ability to appeal an adverse claim determination and request a hearing. Failure to submit a notice within the specified time limits may forfeit your right to appeal.  Although Senate Bill 676 does not address the loss of appeal rights, it appears that the Commission may invoke another section of the law (Section 1625.1) which states in part: “If an employer fails to provide information in a timely manner without good cause, the employer shall be deemed to have abandoned its appeal rights . . . . “

To begin the process of filling out this vital form, click here and enter your Employer Account Number:

If you are unsure of your Louisiana state unemployment account number or have other questions, contact: Mike Parker at 615-242-8246, mparker@thomas-and-company.com or your T & C claim representative.

Florida: Disaster Unemployment Assistance (DUA)

The recent destruction of Hurricane Michael displaced many Floridian workers. The Florida Department of Economic Opportunity (DEO) has announced they are currently accepting applications for Disaster Unemployment Assistance (DUA) benefits from following counties:  Bay, Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Liberty, Taylor, Wakulla, Washington, and Leon.

Applicants must file by November 14, 2018. Requested supporting documents must be submitted within 21 days of the application being filed. The time period of assistance can span from from October 14th, 2018 until April 13, 2019, depending on how long the applicant’s work was affected.

WHERE TO FILE:

Online: www.floridajobs.com
By Phone: 1-800-385-3920 (Representatives are available Mondays-Fridays 8am-5pm and on Saturdays from 8am-3pm Eastern Standard Time)

The following workers or business owners may be eligible for benefits:
  • Worked or were self-employed or were scheduled to begin work or self-employment;
  • Are not able to work or perform services because of physical damage of destruction to the place of employment as a direct result of Hurricane Michael;
  • Can establish that the work or self-employment they can no longer perform was their principal source of income;
  • Do not qualify for regular unemployment benefits from any state;
  • Cannot perform work or self-employment because of an injury as a direct result of the disaster; or
  • Became the breadwinner or major supporter of a household because the former breadwinner’s death occurred as a result of Hurricane Michael.

Unemployment Weekly Claims Report for the W/E October 13, 2018

The Unemployment Insurance Weekly Claims report for the week ending October 13, 2018 has been released by the Department of Labor.

  • Seasonally adjusted initial claims: 210,000
  • 4-week moving average: 211,750
  • Seasonally adjusted insured unemployment rate: 1.20%
  • Seasonally adjusted insured unemployment number: 1,640,000
  • 4-week moving average: 1,653,000
  • Number of unadjusted claims: 190,017
  • Unadjusted insured unemployment rate: 0.90%
  • Unadjusted number claiming UI benefits: 1,349,655

The full news release report can be downloaded here.

 

South Carolina: DUA

Following the destruction of Hurricane Florence, Disaster Unemployment Assistance (DUA) has been announced in the following South Carolina counties: Dillon, Horry, Marion, and Marlboro. The deadline to apply for benefits in these counties is October 24, 2018. Documentation of proof of lost income due to the storm may be required during the application process.

The following workers or business owners may be eligible for benefits: 

  • Individuals who are unemployed due to the disaster, and do not qualify for regular unemployment insurance benefits.
  • Self-employed individuals and small business owners who lost income due to the disaster.
  • Individuals who were prevented from working due to an injury caused by the disaster.
  • Individuals who have become the major supplier of household income due to the disaster-related death of the previous major supplier of household income.
  • Individuals who are unable to reach their jobs or self-employment locations because they must travel through the affected area and are prevented from doing so by the disaster.
  • Individuals who were to commence employment or self-employment but were prevented from doing so by the disaster.

Those eligible for benefits may apply through the unemployment insurance (UI) benefits system by logging into MyBenefits at the top right corner of the DEW website: www.dew.sc.gov

Help is available by calling 1-866-831-1724.

The program will be continually updated at www.dew.sc.gov/dua

 

North Carolina: DUA

Disaster Unemployment Assistance (DUA) has been made available for a number of counties in North Carolina as a result of Hurricane Florence. Workers in the state that are unable to work as a result of this storm may be eligible for benefits. It is important to note that claimants must file within 30 days of their county being announced. The length of assistance begins September 9th and can last up to 27 weeks, depending on how long unemployment is affected by Hurricane Florence.

Deadlines for each eligible county are as follows:

October 17, 2018

Beaufort, Brunswick, Carteret, Craven, New Hanover, Onslow, Pamlico, and Pender

October 18, 2018

Bladen, Columbus, Cumberland, Duplin, Harnett, Jones, Lenoir, Robeson, Sampson, and Wayne

October 25, 2018

Hoke, Hyde, Johnston, Lee, Moore, Pitt, Richmond, Scotland, and Wilson

The following workers or business owners may be eligible for benefits:

  • Individuals who are unemployed due to the disaster, and do not qualify for regular unemployment insurance benefits.
  • Self-employed individuals and small business owners who lost income due to the disaster.
  • Individuals who were prevented from working due to an injury caused by the disaster.
  • Individuals who have become the major supplier of household income due to the disaster- related death of the previous major supplier of household income.
  • Individuals who are unable to reach their jobs or self-employment locations because they must travel through the affected area and are prevented from doing so by the disaster.
  • Individuals who were to commence employment or self-employment but were prevented from doing so by the disaster.

Apply by calling the Division of Employment Security (DES) at 1-866-795-8877. They are also available from 8am-5pm to answer questions.

Alternatively, contact DES by email at des.dua@nccommerce.com or visit on line at des.nc.gov

 

Unemployment Weekly Claims Report

The Unemployment Insurance Weekly Claims report for the week ending September 29, 2018 has been released by the Department of Labor.

  • Seasonally adjusted initial claims: 207,000
  • 4 week moving average: 207,000
  • Seasonally adjusted insured unemployment rate: 1.2%
  • Seasonally adjusted insured unemployment number: 1,650,000
  • 4-week moving average: 1,664,500
  • Number of unadjusted claims: 165,215
  • Unadjusted insured unemployment rate: 1.0%
  • Unadjusted number claiming UI benefits: 1,392,477

The full news release report can be downloaded here.