Show Closings and Unemployment Question

[Luv2goToShows]

Posted: 7/1/12 at 3:31pm

I was told you need to work at least 6 months to be eligible to collect unemployment. If a show closes with in months of previews, including rehearsal time, does that mean the actors not entitled to collect unemployment?

[dramamama611]

Posted: 7/1/12 at 3:35pm

If it doesn't equal 6 months, then probably not. But they might be able to combine recent jobs -- that, too, varies from state to state.

It's one of the risks you take.

[Luv2goToShows]

Posted: 7/1/12 at 3:47pm

Thanks dramamama611, I guess the cast of JCS will not be eligible.

I guess this could have been one of the contributing factors why it closed now instead of after the summer.

[GavestonPS]

Posted: 7/1/12 at 4:36pm

^^^^ I suppose it could be, but I doubt it. Unless New York has changed its laws, unemployment insurance is paid as a certain percentage every week you pay employees.

So, yes, unemployment insurance was ONE of JSC's costs every week, but it was a small percentage compared to actual salaries, theater rental, etc.

Your post seems to imply you think the employer writes unemployment checks directly to the people it lays off and that's not true. Unemployment costs go into a fund every week and the fund pays out later when the hiree is laid off.

Again, NY law may have changed, but I believe Dmama is right that you have to work 26 weeks out of a year, not necessarily 26 consecutive weeks. In California, the current quarter doesn't count; you go back to the beginning of the current quarter (Jan. 1, Apr. 1, July 1 or Oct 1) and then have to have worked 26 weeks during the previous year.

So don't weep for Jesus quite yet. It depends on what he did before JCS, how long he rehearsed, toured, etc. Updated On: 7/1/12 at 04:36 PM

[bdn223]

Posted: 7/1/12 at 4:45pm

JCS's cast would not be eligible for unemployment because for the most part the cast is almost entirely made up of Canadians with work visas...meaning that they are just going to be sent back to Canada.

[Gothampc]

Posted: 7/1/12 at 5:12pm

Is New York's top payout still $405 a week?

[GavestonPS]

Posted: 7/1/12 at 5:18pm

Per this New York State web site:

(Sorry. The link blew the margins and I don't think we need that. Anyone can find the New York Department of Labor with a google search.)


Resident aliens DO qualify for unemployment compensation, if they meet the same criteria as citizens.

However, if one were merely here on a work visa and were physically sent back upon losing one's job, I don't know. The last time I collected unemployment in NY (mid-70s), you still had to physically show up at the office every other week, but you were not required to stay in the NYC area in between visits. I could have looked for work in Canada as long as I was back in time for my next trip to the office. I'm assuming that like California, they no longer require face-to-face meetings, so maybe one could file from Canada.

***

P.S. Like California, NY DOES use a "base period" during which your "2 quarters" of work must have occurred. The state has a couple of different ways of calculating the base.







Updated On: 7/1/12 at 05:18 PM

[AEA AGMA SM]

Posted: 7/1/12 at 7:47pm

Because you can now file online you no longer need to be in the state in which you are filing. I've filed for unemployment at various points over the last few years and have never once had to go in to an office or speak to anyone face to face.

And yes, you can combine work weeks from various employers in New York state. It does not have to have been continuous work from one employer.

[Scottsacto]

Posted: 7/1/12 at 8:54pm

As an employer, albeit in California, the more claims that you have on your State Unemployment benefits--the higher the employers share for the insurance is the next fiscal year. This could cause some shows to close earlier to prevent people from filing claims--thusly increasing the employers contributions in the next fiscal year.

I know we are talking about NY, but I would assume the basic principal holds true in any state.

[Luv2goToShows]

Posted: 7/1/12 at 9:44pm

GavestonPS, Thanks for the clarification. I was under the impression employers had to pay a certain percentage of unemployment, not directly, but via tax. I looked in to it some more and see I thought wrong.

Scottsacto, from what I just read it seems like NY bases it unemployment rates in a similar fashion.

Thanks again for you responses.

[singtopher]

Posted: 7/1/12 at 10:50pm

Goth- Yes, NYS is still a $405 weekly max, which is on the lower end of the spectrum.

[GavestonPS]

Posted: 7/2/12 at 6:23am

Luv2go, you have the right idea, but the money is paid when the work is done, not when the laid off employee files for compensation.

Scottsacto, any theater organization I ever worked for was already paying the maximum unemployment contribution; it really wasn't a consideration in how long a show ran.

[macnyc]

Posted: 7/2/12 at 9:28am

It's really sad that the max is still $405 a week. That's what it was 10 years ago when I collected.

[Gothampc]

Posted: 7/2/12 at 12:12pm

"It's really sad that the max is still $405 a week. That's what it was 10 years ago when I collected."

I think it's been that way for at least 20 years. I think when I collected in '92, it was that amount.

Updated On: 7/2/12 at 12:12 PM

[hmpeterson]

Posted: 7/2/12 at 6:13pm

Scottsacto, I couldn't pay attention to your post at all because I couldn't stop staring at your avatar....YUM!!!

[HogansHero]

Posted: 7/3/12 at 9:43am

lots of incorrect info in this thread. In New York, qualifying for UI is based on fairly complicated rules, and alternate rules, but the basic rule is that you have to have worked IN 2 of the last 4 or 5 quarters before the claim, and met certain dollar amounts of earnings during the period. These amounts are not an issue for a Broadway performer. In order to not qualify after a show closing (and remember actors do not simply show up for the first preview; there is something called rehearsal first), you would have had to not work for the year prior other than the show. Very few actors can or would do that, unless someone is supporting them.