Filing During a Labor Dispute
The information below and in the Information for Labor Dispute Applicants flyer is being provided to those who are filing for unemployment insurance benefits during a labor dispute (strike or lockout). You can file a claim online at: uiclaims.hawaii.gov or report in-person to your nearest local claims office.
1. DO YOU QUALIFY FOR UNEMPLOYMENT BENEFITS?
Your claim will be based on wages paid to you in your base period. To establish a valid claim, you must meet the following two requirements:
1) You must have been paid wages in at least two quarters of your base period, and
2) You must have been paid wages of at least 26 times your weekly benefit amount in your base period. (Base period is the first 4 of the last 5 completed calendar quarters.)
A notice of Unemployment Insurance Determination of Insured Status will be sent to you showing you whether your claim is valid. Your weekly benefit amount is equal to 1/21 of the highest quarter wages in your base period – the maximum weekly benefit amount is determined each year. To see this years maximum benefit amount click here. A waiting period week must be served on each claim and the maximum amount payable on a claim is 26 times the weekly benefit amount.
2. HOW DO YOU FILE YOUR WEEKLY CLAIMS FOR BENEFITS WHILE ON STRIKE?
For each of the week(s) that you are unemployed due to the labor dispute, you must file a weekly or bi-weekly claim certification by filing online at: uiclaims.hawaii.gov. Benefits will not be paid for any weeks that you were unemployed if you did not file your claim certifications. File your claim certifications on time or benefits may be denied. You have seven (7) days from the week ending date you are claiming in which to file your weekly or bi-weekly claim certification.
If you had any employment, including part-time employment during the week you claim benefits, you must report your gross earnings (before taxes are deducted) when you file your weekly or bi-weekly claim certification(s). The earnings you receive in excess of $150 will be deducted from your unemployment benefit payment. If your total gross earnings from employment equal or exceed your weekly benefit amount, you will not receive any benefits for that week.
3. ARE YOU ELIGIBLE FOR BENEFITS DURING THE LABOR DISPUTE?
Your eligibility will be determined by whether a work stoppage existed at the establishment where you were last employed. A “work stoppage” refers to a substantial curtailment of the employer’s business operations at the employer’s establishment rather than the unemployment on the part of the striking employee. The courts have ruled that a 20% to 30% reduction in the business operations constitutes a work stoppage. Information will be obtained from your employer and from your union representatives to make this determination. If no work stoppage exists and you meet all other requirements, benefits will be allowed.
A Notice of Decision on Unemployment Insurance Claim covering the weeks you filed for will be sent to you.
Other decisions may also be made to determine your eligibility. Information which you should report include: Strike pay, sick pay, vacation pay, social security, pensions, disability or illnesses, schooling, and self-employment. If more information is needed, you will be contacted by a claims examiner to make this determination.
APPEAL RIGHTS: If you disagree with any decision made by the Unemployment Insurance Division, you have the right to appeal that decision. Report in-person or submit a written request for reconsideration or appeal within 10 calendar days from the date the decision was mailed to you.
However, if you gave your union authorization to represent you regarding your entitlement to unemployment insurance benefits, you must refer your appeal request to your union.
TAXABLE INCOME. Unemployment benefits are taxable income and Form 1099G will be mailed to you after the end of the calendar year. You may elect to have Federal and/or State taxes withheld when you apply for your claim.
