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Ohio.For 2009, the maximum weekly benefit amount for an individual with no dependents is $372, the maximum weekly benefit amount for an individual with one or two dependents is $452 and the maximum weekly benefit amount for an individual with three or more dependents is $503.
Oklahoma.The maximum weekly benefit amount in Oklahoma for 2009 is $409. The minimum amount remains $16.
Oregon.The rules governing the Oregon Employment Department Law have been amended to adopt the following:
Cafeteria plans. Employee benefits paid through a cafeteria plan, as defined in Internal Revenue Code Section 125, are not included in wages if listed as excluded in the UI law, even if they are paid through a payroll deduction.
Bond or deposit. The director or an authorized representative may demand a bond or deposit to protect the Unemployment Compensation Trust Fund balance when the director or an authorized representative has determined that there is sufficient evidence that a risk exists. "Risk" is solely determined by the director or an authorized representative and includes circumstances where a principal of an employing entity who continues to employ workers subject to the UI law: (a) is currently delinquent in filing unemployment insurance reports or payment of unemployment insurance taxes; or (b) was previously delinquent in filing such reports or taxes.
Franchisee. A "franchisee" means an individual or business entity that has a franchise license from the owner of a trademark, a trade name permitting another to sell a product or service under that name or mark. Individuals or business entities who provide primarily services for pay and are under contract to provide services as franchisees must meet the statutory requirements in order to be excluded from the classification of employee.
LLCs and limited liability partnerships. Members of an LLC or limited liability partnership must: (1) Hold at least 10% ownership interest in the LLC or limited liability partnership, (2) receive a share of the profit or loss commensurate with the percentage of ownership interest, and (3) have voting rights in the management of the company.
Puerto Rico.Rate Schedule C remains in effect for 2009 in the Commonwealth of Puerto Rico. Under this schedule, rates for positive-balance employers range from 1.40% to 4.30% and rates for negative-balance employers range from 4.40% to 5.40%. These rates do not include the 1.00% special tax, which is in addition to the basic rates. The new employer rate is 2.90%.
Rhode Island.Total rates for experience-rated employers for 2009 range from 1.69% to 9.79%. Note, these rates include the offset for the 0.21% Job Development Assessment. The new employer rate for 2009 is 2.36%.
South Carolina.The statewide reserve ratio for 2009 is 0.383%; contribution rates range from 1.24% to 3.34% for positive-balance employers and from 3.34% to 6.10% for negative-balance employers including the surcharge tax of 0.70%; the contingency assessment is an additional 0.06%; and the new employer rate is 3.40%.
South Dakota.For 2009, contribution rates in South Dakota will range from 0.00% to 9.06%.
Tennessee.Effective January 1, 2009, until June 30, 2009, Premium Rate Table 1 is in effect. Rates range from 0.50% to 10.00%.
Texas.The experience tax rate formula is the sum of the general tax rate, the replenishment tax rate and the employment and training investment tax rate. The general tax rate is determined by dividing the employer's last three years of chargebacks by the last three years of taxable wages and multiplying by the replenishment ratio. For 2009, the replenishment ratio is 1.28, the replenishment tax rate is 0.16%, and the employment and training assessment rate is 0.10%. Rates range from 0.26% to 6.26%. New employers pay 2.70%.
Utah.The taxable wage base in Utah will be $27,800 for 2009, an increase of $1,100 over the $26,700 taxable wage base that was applicable in 2008. The maximum weekly benefit amount in Utah for 2009 is $444.
The rules governing the Utah Employment Security Act have been amended to adopt the following: If a claimant is disqualified from the receipt of unemployment benefits because he or she was discharged for a crime in connection with work, the claim will be established for 52 weeks and cannot be canceled.
Virginia.The fund balance factor for 2009 is 60%. There is a pool cost charge of 0.08% and a fund building charge of 0.00%. Rates for 2009, including the pool cost charge, range from 0.18% to 6.28%.
Virginia has amended its Unemployment Compensation Act as follows: The law now contains an eligibility requirement for receipt of extended benefits. In addition to the requirements that the claimant be considered an "exhaustee" as defined under the Act and have satisfied the eligibility requirements for receipt of regular benefits without being disqualified, he or she must also have had during the base period 20 weeks of full-time insured employment, or the equivalent in insured wages. The "equivalent in insured wages" means more than 40 times the individual's most recent weekly benefit amount.
Virgin Islands.For 2009, the taxable wage base in the Virgin Islands will increase to $22,100. This is $300 higher than the taxable wage base of $21,800 that was applicable in 2008. For 2009, the fund solvency rate is 0.00% and contribution rates range from 0.00% to 6.00%. The new employer rate is 1.00%. For 2009, the maximum weekly benefit amount is $459.
Washington. Washington has amended its Employment Security Act regulations as follows:
Good cause. Language that provided examples of "stand alone good cause" has been eliminated. In addition, language that provided that additional changes in working conditions would be evaluated to determine whether they constitute a refusal of an offer of new work has been eliminated. The subsection that addressed redeterminations has also been eliminated.
Repaying overpayments. This new section provides that claimants must repay the full amount of overpayments even if they are not at fault. The regulation explains that claimants may be eligible for a waiver if it would be against good conscience for the Department to require repayment of the full amount. Claimants are not eligible for waiver if they are at fault for the overpayment; if the overpayment is the result of a discharge for misconduct, gross misconduct, or conditional payment of benefits; if the overpayment decision was issued by a state other than Washington; or the overpayment is for disaster unemployment assistance benefits.
Fault. Language that provided that claimants whose overpayments were the result of a discharge for a felony, misdemeanor or gross misconduct were considered to be at fault has been eliminated from this section.
Equity and good conscience. This section now defines "equity" and "good conscience" as fairness applied to a set of circumstances. The regulations now provide that a waiver for repayment will not be denied if it would deprive the claimant of income required to provide necessities including food, shelter, medicine, utilities and related expenses. The Department will generally presume such circumstances exist if the claimant's total resources in relation to household size do not exceed 70% of the Lower Living Standard Income Level and circumstances are not expected to change within the next 90 days. The regulations now allow the Department to consider the following factors to determine whether waiver should be granted for equity and good conscience: the claimant's general health, education level, future earnings potential, marital status and number of dependents; whether the claimant is employed; whether the employer contributed to the overpayment by providing inaccurate information; and whether the claimant refused or was ineligible for government benefits because he or she received unemployment benefits.
Obtaining a waiver. This new regulation provides that when a decision is issued that creates an overpayment, the Department will send the claimant an application for waiver if he or she is potentially eligible. The application asks for financial information that will help the Department determine whether the overpayment should be waived. Such information includes the claimant's household income, expenses and readily available liquid assets. The application must be returned within 10 days. If the waiver is approved based on the information provided and that information is later found to be false or misleading, the amount waived will be restored to the overpayment balance.
Amount of offset. This regulation now provides that interest, penalties, surcharges and court costs will not be deducted from benefit payments. Such costs must be repaid. In addition, new language specifies that the fifty percent deduction of benefits is based on the claimant's total weekly benefit amount, before deductions for such items such as pensions, child support and income taxes. Language that provided that claimants who have been denied waiver or whose waivers were not considered will be notified of their right to enter into a payment agreement or compromise with the Department has been eliminated.
Negotiating repayments. This new section allows the Department to accept an offer in compromise for less than the full amount owed. The Department will consider a settlement when it would be against equity and good conscience to require the claimant to repay the full amount. The Department will consider the following factors in this decision: the claimant's health, education level, marital status and number of dependents; whether he or she is current employed; and his or her future earnings potential. The Department will consider whether such a compromise is financially advantageous to the Department. The Department will consider the costs of collection compared to the amount of the overpayment; the claimant's age and amount of overpayment; whether the claimant has made good faith efforts to pay the debt; and the tools available to enforce collection.
Fraud and misrepresentation. This new section provides that settlement offers will generally not be accepted if the overpayment is the result of fraud, misrepresentation, or willful nondisclosure. In cases where the claimant has a long-term or terminal illness, severe permanent disability, or other circumstances that seriously impair his or her long-term ability to generate income, the Department may negotiate a settlement even in the event of fraud, misrepresentation or willful nondisclosure.
Settlement offer.This new regulation allows a claimant to contact the Department's unemployment benefits collection unit in writing or by telephone to make an offer to settle the debt for less than the full amount. The claimant should offer to repay and be prepared to provide financial and other information in support of his or her offer.
Disaster unemployment benefits.Individuals who live or work in King, Lewis, Mason, Pacific, Pierce, Snohomish, Thurston and Wahkiakum counties may be eligible for disaster unemployment benefits if they have lost their jobs or cannot work because of the storms and flooding that struck the region in January. March 6, 2009, is the deadline for applying for the benefits. In addition, individuals who live or work in Benton, Clallam, Cowlitz, Grays Harbor, Kittitas, Skagit and Whatcom counties may be eligible for disaster unemployment benefits if they lost their jobs or cannot work because of the storms and flooding that struck the region in January. Residents of these counties have until March 11, 2009, to apply for the benefits.
Disaster unemployment benefits are only for those individuals who do not qualify for regular unemployment benefits, such as the self-employed or those who were injured in the storm, were prevented from beginning new work or became the head of their household due to a death caused by the disaster. To qualify for disaster benefits, individuals must be out of work as a direct result of the storm. Examples include: The individual's place of employment was physically damaged or destroyed; the individual cannot get to work because it is inaccessible, either because roads are closed or the business is closed; or the individual's employer or business loses work because it received the majority of its revenue from another entity that was damaged or destroyed in the storm.
Affected workers are eligible to receive disaster unemployment benefits for work they lost since January 6, 2009. Payments will be made retroactively. The first payable week is the week ending January 17, 2009. Applications are available online at www.dua.go2ui.com, by phone at 877-416-7274, by e-mail at dua@esd.wa.gov or at the local WorkSource office. Qualified applicants will be eligible to receive between $175 and $541 per week in benefits.
Washington's unemployed workers could qualify for up to 13 weeks of additional jobless benefits, Employment Security Commissioner Karen Lee has announced. The U.S. Department of Labor notified the state that it qualifies for extended benefits as a result of the rising unemployment rate. The benefits became effective on February 15. The extended-benefits program is different from the federally funded Emergency Unemployment Compensation program approved by Congress in 2008. They will be paid out only after eligible workers have first used up their emergency unemployment compensation benefits. Washington qualified for the extension under state and federal laws because the three-month average for the state's seasonally adjusted unemployment rate was both above 6.5% and 10% higher than the same period last year. During the three-month period of October, November and December, Washington's unemployment rate averaged 6.6%. The duration of the extended benefits will depend on the state's unemployment rate over the next few months.
Change in Extended Benefits (EB) period. Based on data reported by the Bureau of Labor Statistics on January 27, 2009, Washington's three-month seasonally adjusted total unemployment rate was 6.6% and equals or exceeds 110% of the corresponding rate in both prior years. This causes Washington to be triggered "on" to an EB period beginning February 15, 2009.
Wisconsin.For 2009, Schedule B is in effect. Rates under Schedule B range from 0.05% to 9.80%. In addition, the rate for newly liable construction employers is 6.60%. The general new employer rate for 2009 for employers with payrolls of $500,000 and over is 3.40% and the general new employer rate for employers with payrolls of under $500,000 is 3.25%.
For 2009, the maximum weekly benefit amount in Wisconsin is $363 and the minimum weekly benefit amount is $54.
Wisconsin's Unemployment Insurance and Reserves Act is amended as follows:
Extended benefits. No extended benefits may be paid for any week of unemployment ending after January 27, 2009, unless benefits are payable for that week under P.L. 91-373, as amended. Note that the Governor may, by executive order, suspend the application of this requirement in order to allow for the payment of extended benefits during a period specified in the order. Any such suspension will be effective at the beginning of the week specified by the Governor in the order and may be rescinded by similar order.
Supplemental benefits. No Wisconsin supplemental benefits may be paid for any week of unemployment ending after January 27, 2009, during which additional federally funded benefits are payable in the state unless the Governor, by executive order, suspends the application of this provision to allow payment of Wisconsin supplemental benefits during a period specified in the order. Any such suspension will be effective at the beginning of the week specified by the Governor in the order and may be rescinded by similar order, which will be effective at the beginning of the week specified by the Governor in that order.
Change in Extended Benefits (EB) period. Wisconsin's 13-week insured unemployment rate (IUR) for the week ending February 7, 2009, rose above 5.0% and exceeded 120% of the corresponding rate in the two prior years. Therefore, beginning the week of February 22, 2009, eligible unemployed workers will be able to collect up to an additional 13 weeks of UI benefits.
Wyoming.For 2009, experience rated employers pay rates ranging form 0.30% to 9.10%. Note that any delinquent employer is assessed 2.00% plus the assignable basic rate, the total of which may not exceed 9.10% for 2009.