Wage Appeal hearing Training - PowerPoint Presentation

1. Wage Appeal hearing Training

2. Base PeriodTo be monetarily eligible for reemployment assistance benefits, a claimant must have sufficient wage credits in the base period."Base period" means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year.

3. Monetary EligibilityClaimant must have: a minimum of 2 quarters in the base period with covered wageswages of at least $3,400 in the base period been paid wages for insured work equal to 1.5 times his or her his high quarter wagesFlorida’s minimum weekly benefit amount is $32 and the maximum weekly benefit amount is $275

4. Monetary Determination

5. High quarter issueTo qualify for benefits, a claimant’s total base period wages must equal at least one and a half times his or her high quarter wages. A large lump sum bonus, commission, vacation pay or other high payment received in one calendar quarter may prevent a claimant from meeting the requirement of earning at least one and a half times the high quarter wages.

6. Assignment of wagesRule 73B-11.016(1)(b), Florida Administrative Code, can sometimes be applied to resolve the high-quarter wage dilemma. That is, bonus, commission, vacation pay or other wages paid in one quarter but earned in another quarter or quarters can be pro-rated among the quarter(s) in which they were earned. (1) Computation of Wages. (a) All employment in the base period reported by an employer or determined by the Agency from available information shall be considered in computing the monetary eligibility of a claimant. (b) Assignment of Wages to Calendar Quarters. Wages will generally be counted as reported by the employer. Upon request by the claimant or employer and for the purpose of determining the claimant’s weekly benefit amount and maximum available credits, wages may be assigned to the calendar quarter in which the wages were earned, but can be used in only one base period.

7. Out of State EmploymentFlorida hearing officers do not have authority to assign wage credits to a Florida claim if the wages were earned in another state while the claimant was working for an out-of-state employer. See Section 443.1216, Florida Statutes, for precise criteria under which a claimant may receive Florida wage credits for services performed for employers outside of Florida.

8. Military wagesMilitary wages (UCX claims) are assigned to the state in which the applicant is physically present when filing the claim. The WBA calculation is calculated in the same manner as regular UI claims. The base period wages are based on the applicant’s pay grade and are calculated using a Schedule of Remuneration published by the U.S. Department of Labor. The claimant must have been on active duty or active reserve statues in the military during the base period of the claim. The claimant must have been honorably discharged/separated under honorable conditions. The claimant must have completed the first full term of service for which he/she is enlisted (or must have completed 180 days of continuous active duty if a reservist)The information contained in the military documents (DD214) is final and conclusive. Once the monetary eligibility is established, the continuing eligibility requirements for regular claims applies. ResourcesInformation regarding UCX claims can be found online at UCX Fact Sheet and UCX UIPL. The USDOL manual for Military and Federal Civilian Employees is at UCX and UCFE Manual. UCX handbook - https://wdr.doleta.gov/directives/attach/ETAH/ETHand384_toc.pdfUCFE handbook - https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2233 monetary determination section: https://wdr.doleta.gov/directives/attach/ETAH/ETHand391_Ch_5_2013.pdf

9. Disaster and pandemic unemployment AssistanceThe WBA calculation is calculated in the same manner as regular UI claims.Different minimum weekly benefit amountDifferent base period (calendar year prior to disaster/pandemic)Different wages for purposes of determining monetary eligibilitySelf-employedDUA federal regulations are located at 20 CFR Part 625.

10. Preparing for a wage/monetary hearingReview the claim to determine if the claimant is eligible for less than the full Weekly Benefit Amount or not monetarily eligible at all. If the claimant is not eligible for any amount, look at the monetary determination to see which requirement(s) of the statutes the claimant did not meet. Does the claimant have wages in at least 2 quarters?Did the claimant earn at least $3,400?Did the claimant’s total base period earnings equal at least 1.5 times the highest quarter?Review the appeal requestMake sure the monetary determination is in the case folderWas the appeal timely? Was the monetary reconsideration timely?(if applicable) Are all relevant employers added to the Notice? Do you know the base period for this claim?

11. insured workIn some wage credits cases, we must determine if the services performed by the claimant constitute employment under the reemployment assistance law. If the claimant did not perform services in covered employment, the wages cannot be added to the claim.First, we must determine if the services are excluded from coverage pursuant to section 443.1216(13), Florida Statutes.

12. Common exemptions from coverageUnder conditions specified in the statute, some occupations and services are excluded from coverage pursuant to Section 443.1216(13), Florida Statutes. For example, excluded from coverage are services performed:• By a domestic worker in a private home, if quarterly remuneration was less than $1000.• By an individual in the employ of a son, daughter, or spouse, including step relationships.• By a child or stepchild under the age of 21 in the employer of a father, mother, stepfather, or stepmother.• In the employ of an entity organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes or for the prevention of cruelty to children or animals.• In the employ of a school, college, or university if the service was performed by a student who is enrolled and regularly attending classes at the school, college, or university.• As an insurance agent, barber, or real estate salesperson if remuneration is solely by way of commission.• In casual labor not in the course of an employer’s trade or business.• By a direct seller• By an inmate of a penal institution.

13. Other employees Corporate officersLimited Liability Company (LLC)

14. Transportation Network CompaniesSection 627.748, Florida Statues, addresses the independent contractor issue: 9) LIMITATION ON TRANSPORTATION NETWORK COMPANIES.—A TNC driver is an independent contractor and not an employee of the TNC if all of the following conditions are met: (a) The TNC does not unilaterally prescribe specific hours during which the TNC driver must be logged on to the TNC’s digital network.(b) The TNC does not prohibit the TNC driver from using digital networks from other TNCs.(c) The TNC does not restrict the TNC driver from engaging in any other occupation or business.(d) The TNC and TNC driver agree in writing that the TNC driver is an independent contractor with respect to the TNC.

15. Independent Contractor Analysis• We will examine common law factors to determine the employment status.• We must first look to the agreement between the parties. • The parties’ belief about the status does not determine the employment status.

16. Independent Contractor Analysis, continuedThere are other common law factors to be considered when analyzing the working relationship. A servant is a person employed to perform services for another and who, in the performance of the services, is subject to the other’s control or right of control.(2) The following matters of fact, among others, are to be considered: (a) the extent of control which, by the agreement, the business may exercise over the details of the work; (b) whether the one employed is in a distinct occupation or business; (c) the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the employer or by a specialist without supervision; (d) the skill required in the particular occupation; (e) whether the employer or worker supplies the instrumentalities, tools, and a place of work, for the person doing the work; (f) the length of time for which the person is employed; (g) the method of payment, whether by time or job; (h) whether or not the work is part of the regular business of the employer; (i) whether or not the parties believe they are creating the relation of master and servant (j) whether the principal is or is not in business.

17. Developing the Record1. When did you file your claim for benefits? 2. Were you employed by [the employer]?3. What kind of business is the employer?4. When did you begin working for the employer?5. When was your last day working for the employer?6. What was your job title?7. What were your job duties?8. What was your work schedule? (Days of the week & hours)9. How were you paid? What was your rate of pay? How often were you paid?10. How much were you paid [during the first quarter]? 11. How much were you paid [during the second quarter]? 12. How much were you paid [during the third quarter]? 13. How much were you paid [during the fourth quarter]?

18. Developing the Record for insured work/independent contractor When determining employment status, you must develop the record regarding the intent of the parties in creating their relationship and the actual circumstances of the relationship. When developing the record to determine whether the claimant was an employee or an independent contractor, there will always be factors that can support either conclusion. Emphasis is placed on the degree of control the employing unit had over the claimant.An independent contractor hearing should cover the following information:The organizational structure of the business, including when it was formed and whether it is a corporation, sole proprietorship, LLC, partnership, etc.How the parties’ relationship began and if there was a formal agreementThe aspects of the working relationship, including the aspects that demonstrate control or a lack of control over the workHow the relationship endedDevelop the record chronologically