No legal advice is provided on this site. The 883-page Coronavirus stimulus bill passed by the Senate and expected to be passed by the House and signed into law by the end of this week contains unemployment assistance provisions that expand coverage to individuals not ordinarily covered by unemployment insurance laws: self-employed individuals, also known as independent contractors, freelancers, sole proprietors, or gig workers. Under the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, such individuals will be entitled to “pandemic unemployment assistance” if they are able and willing to work or telework for pay, but are unable to do so due to a broad range of reasons related to the COVID-19 pandemic. Congress avoided the political issues on this subject and maintained an even-handed approach that favored neither those who are defenders nor those who are critics of the prevalence of independent contractors in the U.S.Some state workforce agencies may at some later point use this temporary pandemic relief legislation to create a record of independent contractors operating in such states and seek to re-characterize such self-employed individuals as employees under an array of state laws such as those related to unemployment, workers’ compensation, and wage and hour. Sorry, your blog cannot share posts by email. Interested IA members should consult their respective states, … This site should not be considered to be a substitute for legal advice, and it does not establish an attorney-client relationship. Expanded unemployment insurance benefits are now available to millions of Americans who are out of work for reasons related to the COVID-19 pandemic under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. That multiplied by 39 weeks is $7,566. Under the CARES Act, independent contractors and freelancers are now eligible to receive unemployment benefits as well. , and would be entitled to receive paid leave . More than 150 years after the founding of our firm, Sidley today comprises a diverse group of legal professionals from many cultures who are dedicated to … In addition, Congress recently passed and the President signed into law the Families First Coronavirus Response Act, which also covered independent contractors, providing for paid sick and paid family leave to self-employed individuals.Unemployment assistance will be available to self-employed individuals under Section 2102 of the CARES Act if the individual certifies that he or she:Pandemic unemployment assistance is available not only if such independent contractors are “unemployed” but also if “partially unemployed.” This benefit is not available, though, if and when such self-employed individuals are receiving paid sick leave or other paid leave benefits, including such benefits available to independent contractors under the federal Families First Coronavirus Response Act or a state law providing such paid benefits to self-employed workers.This financial assistance is available retroactively to January 27, 2020 through December 31, 2020 as long as the individual’s unemployment, partial unemployment, or inability to work caused by COVID-19 continues, up to a maximum of 39 weeks including any weeks when the independent contractor received any other paid benefits under federal or state law.The FFCRA, enacted on March 18, 2020, provides both paid sick time under the Emergency Paid Sick Time Act and expanded family and medical leave under the Emergency Family and Medical Leave Expansion Act.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act -- the $2 trillion spending law approved on March 27, 2020 in response to the Interested IA members should consult their respective states, since unemployment benefits are managed and run at the state level.Individuals must demonstrate that they are otherwise able to work and available for work within the meaning of applicable state law, except they are unemployed, partially unemployed, or unable or unavailable to work because of certain COVID-19-related reasons.Individuals able to telework with pay or who are getting sick leave or other paid leave benefits do not qualify for PUA.The U.S. Labor Department has clarified that "an individual who works as an independent contractor with reportable income may also qualify for PUA benefits if he or she is unemployed, partially employed, or unable or unavailable to work because the COVID-19 public health emergency has severely limited his or her ability to continue performing his or her customary work activities, and has thereby forced the individual to suspend such activities. By so doing, Congress has not only eased the financial stress placed upon a key component of the U.S. economy, including millions of workers not engaged in the gig economy, but recognized the importance of preserving the landscape on which independent contractor relationships are based. VP, Advocacy, The Insights Association For other important and additional disclaimers, please refer to the “Terms and Conditions of Use” below. The Coronavirus Aid, Relief, and Economic Security (CARES) Act -- the $2 trillion spending law approved on March 27, 2020 in response to the COVID-19 crisis -- included provisions extending unemployment insurance, including to categories of individuals usually ineligible, like independent contractors and part-time workers..
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