PROVISIONS AFFECTING BENEFIT RIGHTS OF SEASONAL WORKERS The benefit rights of seasonal workers, such as those in food processing or food manufacturing, are affected both by the general benefit eligibility requirements. applicable to all workers, and by special seasonal provisions. All State unemployment-insurance laws contain provisions requiring minimum amounts of recent past employment or earnings as a condition for receipt of benefits (see table 1). These provisions are intended to restrict the payment of benefits to workers who have indicated regular attachment to the covered labor force in a recent past period, and to deny benefits to seasonal workers and others who work only for short periods. All laws also require workers to be in the laber force and available for work during any week for which benefits are to be paid. In addition, 15 States now have effective provisions defining seasonal industries and seasonal workers, and placing additional restrictions on the payment of benefits to seasonal workers. While these provisions vary considerably, as indicated below, and in table 2, their general effect is to provide that seasonal workers can draw unemployment benefits only for unemployment during the normal operating season. GENERAL QUALIFYING REQUIREMENTS Seasonal workers are generally subject to the same eligibility and qualifying requirements as other workers. In all States eligibility for benefits for any week is restricted to workers who are registered for work at the public employment service, are in the labor force during that week, and are available for work—that is, to workers who are ready and willing to take work. In 26 States, there is an express requirement that the worker be actively seeking work, and all States can require an individual to take those steps to find work which a reasonable individual who wanted work would take in the particular personal and economic situation. All States provide that benefits may be denied to any individual who refuses a job offer which the agency regards as suitable for him, in terms of whatever factors of experience and economic circumstances the law prescribes as relevant. In addition, State laws restrict benefits to workers with at least a certain amount of wages or weeks of work during the preceding year. The amount of benefits paid for a week, and, in 37 States, the number of weeks, is also related to past earnings or employment. Consequently, workers with very little past attachment to covered employment will either not qualify for any benefits, or qualify for very small amounts (see table 1). In 12 States, a worker with a specified amount of earnings in the base yearis eligible, without regard to the quarterly distribution of those earnings: North Carolina.. Iowa, Virginia__. $100 250 300 400 500 600 Illinois, Maine, Oregon_ In 17 other States, all workers are required to have earnings in at least 2 quarters, or to have more than 13 weeks employment: Oklahoma In 19 States, earnings in more than 1 quarter are required for all workers except those who have earned at least the indicated amount in 1 quarter: Kansas__. District of Columbia.. South Carolina_ Arkansas California, Louisiana, Delaware, Rhode Island, Hawaii.. Maryland, Nevada, Pennsylvania, Mississippi, New Mexico. Georgia Tennessee $200 250 600 660 750 770 780 840 900 1, 183 1, 300 The other three States have different qualifying requirements: Indiana, base-period earnings of at least $250 with $150 at least in the last 2 quarters. Minnesota, earnings of $300 in 1 quarter and $100 in another, or $500. Vermont, base-period earnings of 30 by weekly benefit amount, requiring wages in 2 quarters except at $750 or more, with at least one-third of base-period earnings in last 2 quarters SPECIAL SEASONAL PROVISIONS Nineteen State unemployment insurance laws now contain seasonal provisions, although in at least 4 States the provisions are inoperative (see table 2). Another 15 States have had such provisions, but have repealed them. Seasonal provisions have the general effect of restricting the payment of benefits to workers who earned all or most of their base-period wages in seasonal work; benefits based on seasonal work, or all benefits, are usually restricted to weeks of unemployment during the normal operating season. The major points of the seasonal provisions are summarized below. Minor variations and technical points are omitted. In the summary below and in table 2, no distinction has been made between specific statutory provisions, and regulations implementing broad statutory language. Seasonal employment. Of the 15 States with seasonal provisions thought to be operative, 3 restrict seasonal employment to processing of agricultural products— Delaware, Minnesota, Wisconsin—while a fourth, West Virginia, cites food processing as an example of seasonal employment. The other 11 States define seasonal employment in terms of industries, occupations, or establishments in which it is customary, during a regularly recurring consecutive period of a prescribed minimum length, for employment or payrolls to decline substantially below peak employment. Frequently, the low period must be at least 12 weeks, and employment must be below 50 percent of the average for the highest 3 months. The administrative agency must make an affirmative determination that an industry or employer is seasonal, and establish the dates of the season for the particular industry. Restricted to food proc essing: Alaska Arizona Arkansas Colorado Hawaii Maine.. Minnesota 1 North Carolina.... Ohio__ Oregon South Carolina. Virginia Wisconsin.. 1 First processing. Definition of seasonal industry Monthly payroll for 3 consecutive months less than half of average for 3 highest consecutive months. Employment for more than 8 weeks less than one-third of average for 3 highest consecutive months. Employment in 16 consecutive weeks 60 percent or less of average for operating season. Operates less than 25 weeks. Employment for 12 consecutive weeks less than 45 per- Production operations for less than 36 weeks. Operates less than 36 weeks, with special statutory season of 40 weeks for Great Lakes shipping. Payroll for 12 consecutive weeks less than 45 percent of average for 3 highest 4-week periods. Employment for more than 12 consecutive weeks onethird or less of average for 3 highest months. Operates less than 40 weeks, but more than 12. Industry recognized as seasonal, such as food processing or canning. Canning perishable fruits or vegetables. Seasonal workers.-Eight States define a seasonal worker in terms of the relation of his seasonal wages or employment to his total wages, and three others define it in terms of the amount or proportion of time worked or of absolute earnings in nonseasonal employment. Seasonal wages related to total wages in base period: Alaska Delaware North Carolina_. South Carolina... Virginia Other provisions: Arisona Wisconsin.. Arkansas West Virginia... - - Maine.. Minnesota_ Ohio.. Seasonal worker 80 percent of wages in seasonal employment. 50 percent of wages from 1 seasonal employer, with less than $300 from all other employers. More than 75 percent of wages in seasonal employment. 25 percent of wages in seasonal employment. 25 percent of wages in seasonal employment. 75 percent of wages from 1 seasonal employer, with $25 70 percent of wages from 1 seasonal employer. Worked in seasonal employment for more than 50 percent of the season, and worked less than 25 percent of the off season, during each of 2 preceding years. Earned less than $200 from other employers during 52 weeks preceding seasonal employment. Employed in a seasonal industry, exclusive of those Employed less than 100 days in a seasonal industry, Do. Benefit rights of seasonal workers.—In five States, seasonal workers are entitled to benefits only for unemployment occurring during the season. Related to this is a provision that a worker can receive benefits during a month only if he worked during the corresponding month of his base period. Another four States permit payment of benefits based on seasonal wages only during the season; benefits based on nonseasonal wages may be paid at any time. Two States pay no benefits to seasonal workers, but they consider a worker nonseasonal if he earned $100 or $200 in other employment. Benefits paid to seasonal workers only for unemployment during the season: Alaska, Arizona, North Carolina, Ohio, South Carolina, Virginia, and Delaware, for unemployment during a month if he worked in corresponding month of base period. Benefits based on seasonal employment paid only during the season: Arkansas, Colorado, Maine, and Oregon. No benefits paid to seasonal workers: West Virginia, Wisconsin. Other provisions: Hawaii: Benefits during the off season limited to greater of the percent of his total benefits that his nonseasonal wages bear to total wages, and one-third of nonseasonal wages. Minnesota: Benefits payable at any time, but wage credits reduced in the proportion that the operating season bears to a calendar year. TABLE 1.—Earnings or employment required to qualify for benefits 1 The base period is a recent past period used to determire an individual's benefit rights. It is usually a 1-year period, which may be established by the date of the individual's claim for benefits, or may be uniform for all claimants. 2 Indiana requires that at least $150 be earned in the last 2 quarters. 3 Vermont requires that at least 13 of wages be earned in the last 2 quarters. TABLE 2.-Special provisions in State laws regarding seasonal employment A. States which have repealed seasonal provisions: 15-Florida, Idaho, Illinois, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Missouri, New York, North Dakota, Washington, and Wyoming. B. States in which seasonal provisions are inoperative: 4-Alabama, Georgia, South Dakota, and Vermont. C. States with seasonal provisions: 15 State Definition of seasonal Definition of seasonal Alaska Arizona.. Arkansas.. Colorado.. Delaware. Hawaii.. Maine.. An employer or industry Seasonal industries are re- See footnotes at end of table, p. 113. |