Category: Termination

New York Unemployment Benefits

New York Unemployment Benefits Increase in October 2025

Beginning in October 2025, New York will substantially increase the maximum weekly unemployment benefit. It will jump from $504 to $869. The elimination of the state’s long-standing federal debt from the unemployment insurance trust fund made the move possible. With the debt finally repaid, benefit levels that had been frozen for more than a decade are now being adjusted upward in one move.

For unemployed workers, this increase provides a stronger safety net. For employers, however, it means that the potential cost of unemployment claims will rise considerably, especially for employees whose wages already placed them near the old benefit ceiling.

Financing Changes to the System

As part of the same policy shift, New York has announced that the Interest Assessment Surcharge—an extra cost that employers have been paying for years to cover interest on the trust fund debt—will go away. At the same time, the state plans to increase the taxable wage base in 2026 to help rebuild the trust fund’s reserves. When the taxable wage base increases, employers pay unemployment taxes on a larger portion of each employee’s wages. Thus, even with declining 2026 rates, employers could still see higher UI costs since more wages are subject to tax.

What This Means for Employers

The most immediate impact for employers is greater exposure when employees file claims. A discharge or layoff that previously resulted in benefits capped at $504 per week will soon trigger payments of up to $869 per week. Employers that experience high turnover, seasonal layoffs, or workforce reductions will notice this difference most quickly.

The longer-term effects are tied to the financing structure. The elimination of the surcharge is welcome, but the higher taxable wage base could offset some of that benefit. Payroll and HR teams will need to pay close attention to their unemployment contribution rates when 2026 arrives. Both the rate and the base will factor into actual liability.

Try the interactive calculator we’ve built to see your potential unemployment insurance exposure under the new rules.

New York Unemployment Benefits Increasing

Preparing for the Change

Employers should take time now to assess how these changes will affect their operations. Finance and HR leaders may want to model the cost of separations under the new maximum benefit. Doing so will ensure that workforce planning and budgeting accurately reflect the higher exposure. Companies that offer severance should also consider whether more generous unemployment benefits may influence employee expectations in separation negotiations.

While the October 2025 increase purports to modernize New York’s unemployment system, it creates very real financial considerations for businesses. Taking steps now to understand and plan for those changes will reduce the likelihood of surprises once the new benefit levels take effect.

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Unemployment Notice

New York Updates Unemployment Notice Requirement

On September 14, 2023, New York Governor Kathy Hochul signed amendments to Section 590 of the New York Labor Law. That statute will now require employers to provide specific notifications to employees regarding their potential eligibility for unemployment benefits. While the new unemployment notice requirements aim to enhance transparency for employees, they also underscore the importance for businesses to stay updated and adapt to the evolving regulatory landscape to avoid violations and penalties through the Unemployment Insurance process.

What’s New?

Beginning November 13, 2023, the law will require every employer who is obligated to contribute to the unemployment insurance system to notify their employees about their right to apply for unemployment benefits, when applicable.

Although New York employers have already been expected to provide employees with a Record of Employment upon separation, the law will now require notification in more situations that don’t necessarily involve termination of employment.

When Is the Unemployment Notice Required?

Employers must provide this unemployment notice:

  • At the time of each permanent or indefinite separation from employment.
  • During a reduction in hours.
  • During a temporary separation.
  • For any other interruption of continued employment resulting in total or partial unemployment.

Unfortunately, the above terms are not specifically defined in the amended statute.

What Should the Unemployment Notice Include?

The required notice must be in writing and should be on a form either furnished or approved by the New York Department of Labor.

The notice must contain:

  1. Employer’s Details: This includes the employer’s name and registration number.
  2. Address for Communication: The notice should specify the address of the employer to which any request for remuneration and employment information regarding the employee should be directed.
  3. Additional Information: Any other information as required by the Department of Labor should also be included.

The DOL has updated the Record of Notice form in response to this law. It is available here. Unfortunately, to date, the DOL has not provided further clarification of the circumstances where notice must be provided short of permanent employment separation.

Implications for Employers

This new unemployment notice provision emphasizes the state’s commitment to ensuring that employees are well-informed about their rights. For employers, it means:

  • Being Proactive: Employers should be ready with the required forms and processes in place by November 13, 2023.
  • Training HR Teams: HR teams should be trained to understand the nuances of the new unemployment notice provision and ensure compliance.
  • Avoiding Penalties: Non-compliance could lead to negative consequences regarding unemployment claims. It’s crucial for employers to adhere to these new unemployment notice requirements diligently.

 

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Employment Terminations in New York Cover Slide

Employment Terminations in New York (Webinar Recap)

On June 15, 2023, I presented a complimentary webinar entitled “Employment Terminations in New York”. For those who couldn’t attend the live webinar, I’m happy to make it available for you to watch at your convenience.

In the webinar, I discuss:

  • At-Will Employment
  • Notice & Procedures
  • Unemployment Claims
  • Severance Pay

and much more!

At-will employment is still the default for most New York employees, but it doesn’t give employers unfettered discretion to let workers go. Termination decisions can require consideration of various statutory, contractual, and policy issues. Ignoring relevant parameters can lead to messy breakups and costly disputes.

Don’t have time to watch the whole webinar right now? Click here to download the slides from the webinar.

Why You Should Watch “Employment Terminations in New York”

If you’re involved in deciding to remove employees from your organization, then it’s worth reviewing the potential legal hurdles and implications.

Especially in New York, employment laws continue to evolve, primarily to provide employees with greater workplace protections. Running afoul of these standards when letting employees go could lead to employment discrimination claims or other legal headaches.

Even if the decision to separate an employee from your company is valid, there are logistical obligations to follow through on. For example, New York employers must provide separated employees with written notice of their termination date and information regarding employee benefits. And, if you want to offer severance pay in exchange for a release of claims, there are additional documentary requirements. Employers who make large employment reductions may also need to comply with state of federal WARN Act requirements.

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