I have a home Day Care in my living room. I have two assistants working with me. The first one works 24 hours per week; and the second works 30 hours per week. MY QESTION:CAN THE STATE OF NY MANDATE ME TO PAY IN THE Unemployment Insurance PROGRAM? WHAT DOES THE LAW STATE?
State/Country relating to question: New York
I refused to enroll or contribute to the unemployment Insurance program, because I can not afford it.
I would like to help you with the answer to your question. According to the NY regulations, you have to register with the unemployment program when you pay $300 or more per quarter (Jan thru March, etc.).
I will check back later to see if you are online.
Yes. what about where it says you can register if you have 5 employees or less who works 40hrs a week?
I don't know where you obtained that information, but if you tell me I will check on it. This is what is on the website of the NY State Department of Labor:
General business employers are liable on:
You may terminate liability if you:
It doesn't say anything about 5 employees. Can you tell me where you read that?
I got this website in april. I couldn't print it out thendue to a faulty printer. However, who gets Unemployment Benefits, a full time or part-time worker?
Both. But, the amount they would receive when on unemployment would depend on how much they earned while working.
I have a home day care in my living room. Two people work with me. One works 24 hrs a week, and the other 30 hrs a week. One stayed home for two days and on the second day she called me TO TELL ME SHE IS ON VACATION FOR WEEKS. That would put me in danger with the State. I asked her to come bactk the next day so I can find a subsitute, she refused. I had to replace her to protect myself. She worked out on me. If she files for unemployment, will the force me to pay? Can I go to Court?
No, she was let go for misconduct and is not entitled anyway. If the unemployment people start in on you about signing up, you might consider making them 1099 employees, which is sort of like independent contractors, and there is no taxes or unemployment taken out of their checks, but you send a wage info 1099 Misc income form at the end of the year.
I don't think you have anything to worry about.
You're such a small employer, they are not going to worry about you.
The person is Cuban-American and boasted to me that she spoke to a Cuban-American Official in the Labor Dept who promised her he will do everything to get her the benefits and make me pay. The labor dept sent me a letter to pay, I asked for fair hearing as indicated and for over a month no replpy yet for the fair hearing. They keep harrassing me with threats. The letters are all being signed by Hispanic names. What shall I do?
What are they asking you to pay?
$72,000.00 for penalty period 6/19/2011 - 6/12/2012. Though this incident happened in March 2012.
Is that all you ever got from the labor department? no hearing, no chance to defend yourself?
How long did she work for you?
Exactly! From March 2011 to March 2012. She worked 30hrs per week and $300.00 a week.
She was paid $300.00
It sounds like a scam to me. How can they say you owe $72,000?
I think you need to call an official at the labor department and try to find out what is going on. You know these days you can print up anything and make it look good. Or otherwise maybe she does know someone there who is "doing her a favor". I would fight them. This is crazy. But meanwhile, you need to make sure you change your employees to 1099 employees.
thanks. I thaught so too. what shall i do
Contact one of the senior officials, or write a letter to the director of the Department of Labor and send copies of the harassing letters.
NYS Department of Labor Building 12 W.A. Harriman Campus Albany, NY 12240
J.D. degree, 15 years practice
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