The Kansas Department of Labor (KSDOL), Division of Unemployment Insurance recently posted a notification on its site informing employers of an upcoming technology enhancement. The current Employer Services portal will be made unavailable starting Wednesday, November 13, 2024, at 5 pm central time. It will reopen Tuesday, November 19, 2024, at 8 am central time. The Kansas Unemployment Insurance Technology Enhancement Project The Unemployment Insurance Technology Enhancement (UITE) project is a multi-year initiative which focuses on delivering a transformational unemployment insurance experience to businesses and workers of Kansas. In a press release, Governor Laura Kelly stated that access to unemployment benefits has depended on an outdated computer system that caused problems during the Great Recession and pandemic for residents. The purpose of the enhancement project is to provide a more seamless experience to Kansas employers and the workforce. The new system is intended to provide a number of improvements: Streamlining operations through improved workflow efficiency and adaptability, data management, and collaborations with other agencies; Enhancing user experience through adoption of advanced customer relationship[ management systems and personalized communication channels, more self-service options, and improved mobile-friendly access for claimants; and Upgrading data security and compliance with enhanced cybersecurity measures to safeguard data and ensure regulatory compliance. IMPORTANT INFORMATION FOR EMPLOYERS On November 19, 2024, there will be a new online account setup functionality available to employers. All active employers are required to establish a username and password to access the new portal. If you had login credentials in the prior portal, they can be reused in the new. They will not automatically be carried forward, however. Employers will maintain their current state unemployment insurance account number, but going forward, it will be in a 10-digit format, with on zero (0) at the beginning and three zeroes (000) at the end. Even if an employer works with a Third-Party Administrator (TPA), KS DOL recommends establishing an online account. This will ensure constant access to correspondence or account information. Employers may have multiple authorized users as part of the Unemployment Services for Employers set up process. The timeline below was included in the announcement on the KS DOL, Division of Unemployment Insurance site. It represents an overview of the transition and when to expect an impact on workflow. Please make certain any staff who currently utilizes the state’s portal is aware of these changes and that new usernames are established on the appropriate timeframe. For additional information about this change, please visit the KSDOL site.
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Illinois Governor J.B. Pritzker recently signed Illinois Senate Bill 0508 into law. This new law amends the already existing E-Verify law by adding protection for employees experiencing negative results from E-Verify. The new requirements go into effect on January 1, 2025, but employers should expect some clarification surrounding the process from the Illinois Department of Labor, (IDOL), prior to that date. The law states that it does not require any employer to enroll in any electronic verification system, including E-Verify, but also contains some confusing language that appears to limit usage in the state by saying “an employer shall not impose work authorization verification or re-verification requirements greater than those required by federal law.” This wording will likely be officially clarified before the effective date, as the intent is to allow voluntary participation while adding specific guardrails. While the law restates some previous E-Verify requirements, such as not taking adverse employment action based on a notification of discrepancy alone, it adds provisions for notifications to employees in the event the employer receives a “Notice of Inspection.” A new template for a posting providing the required information is currently in development at the IDOL. Additionally, employers are now required to provide notice to employees within a specified timeline when discrepancies are identified. Employers must provide notice within a specified timeline of 5-7 working days depending on the nature of the discrepancy. There are penalties associated with violating this act, and if such a violation is deemed to include intent, penalties can range from $2,000-$5,000 for a first offense. We expect clarification on the poorly worded sections of the amendment as well as possible legal challenges for any E-Verify infringements prior to the effective date of January 1. Stay tuned for updates on this situation.
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Unemployment benefits are designed to help workers temporarily overcome difficulties caused by a loss of employment that came about due to no fault of their own. Some people find themselves with reduced hours or are only able to find part-time employment, while others work as farmers, gardeners, tourism workers, fishermen, or in retail with their services only required during certain peak seasons. A key to managing employer tax costs is understanding seasonal and part-time workers' unemployment benefits eligibility. As seasonal and part-time workers typically work less over the course of a year, they are more likely to experience financial instability, yet they are not eligible for certain benefits that are available to full-time employees. However, in some situations, they may qualify for unemployment benefits, which can help improve their financial situations significantly during the off-season or before they find a full-time job. Unemployment tax rates for employers vary from state to state, but the more claims filed and paid against a business’s unemployment tax account, the higher their unemployment tax rate. Employers can reduce unemployment tax costs by properly categorizing employees as seasonal and part-time workers. Eligibility for unemployment benefits may change depending on this and can financially impact an organization. Summary Seasonal workers are employees hired for a specific season or standard of time during the year, and are hired knowing their employment term has a specific duration. A part-time worker is an employee who performs tasks on a reduced schedule compared to full-time staff. The IRS defines a full-time worker as an employee who works at least 30 hours per week or 130 hours per month. Eligibility for unemployment benefits for part-time and seasonal workers varies by state but typically depends on factors like employment duration, employee earnings and the circumstances surrounding the separation from employment. Employers can control unemployment tax costs by only hiring qualified employees for each position, monitoring unemployment insurance claims, and reviewing the employment information of each claimant to ensure it’s accurate. Differences Between Seasonal and Part-Time Workers As the name implies, seasonal workers are hired for a specific season or a standard time period during the year when an employer needs additional bandwidth to meet their production demands. Although these individuals are hired knowing their job is for a specific duration, this does not prohibit them from filing and potentially drawing unemployment benefits. While there is no standard definition of part-time employment, typically, a part-time employee is a worker who performs tasks on a reduced schedule compared to full-time employees. The Fair Labor Standards Act (FLSA) does not define what is considered a part-time employee or what constitutes part-time hours. On the other hand, the Internal Revenue Service (IRS) acknowledges a full-time employee as someone who works an average of at least 30 hours per week or 130 hours per month. Part-time employees are those who work less than 30 hours per week or 130 hours per month. According to the U.S. Bureau of Labor Statistics (BLS), part-time workers work between one and 34 hours per week, meaning that people who work over 34 hours a week are full-time employees. While the federal definitions of seasonal and part-time workers apply consistently across all states when it comes to receiving federal unemployment benefits, it’s important to note that state definitions for seasonal and part-time workers may differ when it comes to eligibility for state unemployment insurance, highlighting the importance of staying current on the latest state-by-state unemployment benefits regulations. Unemployment Benefits Eligibility State unemployment insurance laws generally do not disqualify individuals based on their classification as seasonal and part-time workers. Eligibility for unemployment compensation is based on several factors, including the duration of employment, the employee’s earnings in their base period, and the circumstances that led to the separation from employment or reduction in hours. If seasonal or part-time workers lose work through no fault of their own and there is simply no more work for them, they may be eligible for benefits, and the employer may or may not be chargeable. The requirements that seasonal workers must meet in order to qualify for unemployment benefits vary from one state to another. However, seasonal workers must meet the requirements of their states for wages earned and time worked during a certain length of time, which is typically the first four of the previous five calendar quarters before they file their claims. This means their employment duration directly impacts their eligibility for unemployment benefits. States also consider the reasons for unemployment when deciding whether to pay unemployment benefits to seasonal workers. At the end of a seasonal worker’s job assignment, the unemployment agencies consider it a lack of work situation in the same manner as a full-time employee who has been laid off. While they are eligible for unemployment benefits based on their reason for separation, they also must be able and available for work, and actively seeking further employment. State guidelines for part-time workers also vary. For example, in Georgia, workers who have lost a full-time job, but are working part-time and earn less than their weekly benefit amount are eligible. Workers who have lost a part-time job or whose hours were reduced may also qualify to collect unemployment. On the other hand, Texas’ weekly unemployment insurance benefit amount is 1/25th of an employee’s earnings in the highest quarter of their base period, capping out at 47.6%, which can result in a weekly benefit range of $73 to $577. Most states provide partial benefits to individuals whose work hours have been reduced through no fault or choice of their own or employees who have lost their full-time jobs and have partially replaced the lost income with one or more part-time jobs. State-Specific Guidelines and Their Impact When looking at unemployment benefits for part-time workers, it’s crucial to understand the state-by-state unemployment benefits guidelines. As stated, each state has its own guidelines that need to be followed in order to receive UI benefits. California, for example, calculates its weekly benefit amount using a benefits chart based on your earnings in the highest quarter of the previous four quarters. With that, the weekly benefit amount for an unemployed worker in California is $40 and maxes out at $450. Additionally, unemployed Californians who collect income while receiving unemployment benefits will have either $25 or 1/4th of their earnings, whichever is greater, disregarded. New York, on the other hand, calculated weekly benefit amounts by taking between 1/25th and 1/26th of an individual’s earnings in the highest quarter of their base period. New York’s weekly benefits range falls between $104 per week to $504 per week, and if income is collected while receiving unemployment benefits, New York state will disregard none. Unemployment insurance in Illinois is also different. The weekly benefit amount for eligible employees is calculated by taking the sum of earnings in the two quarters of their base period when they earned the most, taking 47% of that total, and dividing the result by 26. For unemployed Illinoisans, the maximum weekly benefit they can collect is $484 per week. Whether you’re an employer or employee, understanding state-by-state unemployment benefits requirements is crucial to ensuring you’re adhering to compliance guidelines and receiving the full amount you’re eligible for. You can review unemployment benefits by state here. Controlling Unemployment Tax Costs There are many reasons employers hire seasonal and part-time workers instead of full-time workers. For example, hiring seasonal and part-time workers can reduce the cost of paying full-time salaries and other expenses, alleviate workforce stress by getting extra help, fill positions that don’t require a full-time worker and serve as a test to see if employers want to hire the employee full time. However, if employers decide to hire seasonal and part-time workers, they must examine each state's unemployment compensation law and determine the eligibility requirements or any specific exclusions from benefits for these workers. The best way for employers to reduce unemployment tax costs is to hire only those employees whom they really need and who are qualified for the job. Also, they should monitor all unemployment insurance claims, review the employment of each claimant and ensure the proper information relating to their employment is provided to the state agency. They should also be prepared to contest any claims they believe to be improper. Given that this takes a lot of time and effort, employers can outsource managing unemployment claims. For example, correctly understanding seasonal and part-time workers unemployment benefits eligibility is important but takes additional knowledge for varying state guidelines. With the necessary expertise and resources, they can ensure responses and forms are completed on time, and efficiently deal with unemployment claims from the very beginning to effectively reduce unemployment tax costs. At Experian Employer Services, our unemployment cost and claims management services help to reduce the risk, cost, and burden of managing unemployment claims and remaining compliant. Contact us today to book a demo and see how you can recover overpayments, receive hearings representation, and remain compliant with regulatory changes. Improve your unemployment claims management with an automated solution and achieve high efficiency, cost savings, and support while navigating the complex unemployment insurance process.
