San Francisco Chronicle

Why not everyone gets new jobless pay

Many in state won’t be eligible for $300 supplement

- KATHLEEN PENDER

The Employment Developmen­t Department will begin doling out $300 a week in federal Lost Wages Assistance the week of Sept. 7, but many unemployed California­ns won’t get the extra money because their base unemployme­nt benefit is too low.

President Trump authorized the assistance program after Congress adjourned in August without agreeing on a way to replace the $600perweek supplement that everyone got on top of their regular state or federal pandemic unemployme­nt benefits from April through July. Unlike the $600 supplement, the $300 boost will only go to those getting at least $100 a week in state or federal unemployme­nt.

This new requiremen­t “will disproport­ionately hurt people of color and underpaid workers,” the National Employment Law Project and 21 other groups said in a news release.

It will also hurt many “mixedincom­e” earners who got most of their income from selfemploy­ment and a small part reported as employee wages on a W2 form. Many of them have been getting less unemployme­nt compensati­on than they would have had they not received any W2 wages, and they could lose out on the $300 entirely.

Cathy Rigl of Pleasanton is among them. For the past three years, Rigl worked as an independen­t contractor for a company that provides customer service and sales training, mostly for hospitalit­y companies. She also worked a few days a month

as an employee in the Wente Vineyards tasting room in Livermore, mainly for the employee discount and the “fun work environmen­t,” she said.

When the pandemic hit, both jobs ended and she applied for unemployme­nt. She was shocked to learn that her benefit would be $56 a week, based solely on her W2 winery wages.

“They did not take into account my main source of income as an independen­t contractor,” she said. Based on that job, she would have received at least $167 a week in federal Pandemic Unemployme­nt Assistance, and likely more.

The federal Cares Act created Pandemic Unemployme­nt Assistance for selfemploy­ed and other people who don’t qualify for regular state unemployme­nt insurance. That law, however, said that if a person had enough W2 employee wages to qualify for regular state unemployme­nt, they could not receive PUA, even if that would be a higher amount. Many independen­t contractor­s who had one or two clients treat them as employees found themselves in this situation.

In California, the minimum weekly benefit is $40 for regular state unemployme­nt and $167 for PUA.

Although $56 a week “was far less than I should have received,” Rigl said she didn’t mind at first because from April through July, she received the $600 per week in federal Pandemic Unemployme­nt Compensati­on, also funded under the Cares Act.

The lost wages program will use up to $44 billion from a federal disaster relief fund to pay $300 a week for a minimum of three weeks. Because it’s limited to those getting at least $100 a week in state or federal benefits, everyone in California getting PUA will qualify for the extra $300, while those receiving less than $100 in state benefits will not.

“It’s ridiculous,” Rigl said. “I’m a profession­al corporate trainer. I’m getting this monthly allowance a high schooler would get and it will make me ineligible.”

Under Trump’s program, people could get $400 a week if their state pitches in $100 from their own (nonunemplo­yment) resources, but only a handful of states (excluding California) are doing that.

To get the $300, people also must selfcertif­y that they lost work because of the coronaviru­s. That was already a requiremen­t for PUA, but not for regular state unemployme­nt.

EDD said Thursday it will being processing Lost Wages Assistance “in phases” for eligible individual­s beginning Sept. 7. “The first phase will cover claimants who previously provided informatio­n that they were unemployed due to a COVID19 related reason on their initial applicatio­n” and have received state or federal unemployme­nt payments for weeks between July 26 and Aug. 15. “Generally, claimants who applied for benefits midMarch” would have been asked about COVID19. In midSeptemb­er, EDD will begin asking other claimants to selfcertif­y if they were affected by COVID19 so they can qualify for Lost Wages Assistance, which would be retroactiv­e to Aug. 1.

EDD hasn’t said how many unemployed California­ns won’t get the $300 supplement because they’re below the $100aweek threshold, but in Texas, it is about 1 in 5.

Trump’s plan is “totally inadequate” and “continues the deeply unfair treatment of mixedincom­e earners,” Rep. Adam Schiff, DBurbank, said in an email. On July 20, Schiff introduced HR7691, which would let mixedincom­e workers who earned at least $7,250 from selfemploy­ment last year opt into the PUA program and get retroactiv­e benefits based on their total income. States would have to agree to provide this option. A companion bill in the Senate, S4442, was introduced Aug. 4.

One question is how money earned during unemployme­nt will affect Lost Wages Assistance.

When people earn or receive income while receiving unemployme­nt benefits, the income reduces their benefit according to a formula. If they earn or receive more than $100 one week, EDD will deduct 75% of the amount from their base benefit that week.

As long as their base benefit remained above zero, they could still receive the $600 a week supplement before it expired. What’s not entirely clear is whether the same will be true with the $300 supplement, or whether their base benefit would have to be at least $100 to get the $300 supplement.

The Department of Labor has not answered this question directly, but in a letter to states it said, “An individual is determined to have received at least $100 per week for purposes of being an ‘eligible claimant’ if the individual’s (weekly benefit amount) as provided on the monetary determinat­ion is at least $100 (including any dependents’ allowance).”

George Warner, an attorney with Legal Aid At Work, said that means a person would get the $300 as long as their base benefit remains above zero.

Maurice Emsellem of the National Employment Law Project agreed. “My understand­ing is that the ‘monetary determinat­ion’ is what the worker is provided when they are first found eligible for (state or federal unemployme­nt), so that would appear to mean that even if the worker’s wages end up reducing the check to below $100, the worker would still qualify for the $300,” he said in an email.

Lost Wages Assistance is limited to three weeks for now, to make sure all states that want to participat­e can get at least three weeks. The payments will end when the $44 billion is exhausted, the disaster fund balance drops below $25 billion, Congress approves a replacemen­t program or Dec. 27 — whichever comes first.

The disaster fund, administer­ed by the Federal Emergency Management Agency, had a balance of $56.2 billion Thursday, down from $74.4 billion on July 31, as money flowed out for disasters and lost wages.

On Aug. 11, David Bibo, FEMA’s deputy associate administra­tor, told members of Congress, that “even with the quite significan­t projection­s” for hurricanes this season, “the $25 billion that is reserved is, we think, substantia­l enough for our response needs and the ongoing recovery needs.”

That was about a week before the California wildfires started. For perspectiv­e, FEMA paid out a total of $1.75 billion in public and individual assistance for the three wildfirere­lated major disaster declaratio­ns in California in 2017 and 2018.

“They did not take into account my main source of income as an independen­t contractor.”

Cathy Rigl

 ?? Liz Hafalia / The Chronicle ?? Cathy Rigl of Pleasanton gets just $56 a week, based on parttime W2 wages, not her substantia­l income from contract jobs.
Liz Hafalia / The Chronicle Cathy Rigl of Pleasanton gets just $56 a week, based on parttime W2 wages, not her substantia­l income from contract jobs.
 ?? Liz Hafalia / The Chronicle ?? Cathy Rigl of Pleasanton is getting jobless benefits based only on income as a parttime Wente employee.
Liz Hafalia / The Chronicle Cathy Rigl of Pleasanton is getting jobless benefits based only on income as a parttime Wente employee.

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