Unemployment compensation law encompasses a set of regulations aimed at providing financial assistance to individuals who lose their jobs through no fault of their own. This framework ensures temporary monetary support, enabling unemployed workers to meet basic living expenses while seeking new employment. Unemployment insurance, a cornerstone of these laws, offers payments for a specified period or until reemployment, preventing financial distress and enabling workers to seek suitable positions without undue pressure. Without such compensation, many might accept jobs below their qualifications or turn to welfare, impacting consumer spending during economic adjustments.
In the United States, the foundation of unemployment insurance lies in both federal and state statutes. Established under the Social Security Act of 1935 and largely governed by the Federal Unemployment Tax Act, this dual-program structure mandates that each state administer its own unemployment insurance program, subject to federal standards. The state programs are applicable to areas normally regulated by laws of the U.S, but there are special federal rules for nonprofit organizations and governmental entities. A combination of federal and state law determine which employees are eligible for compensation, the amount they receive, and the period of time benefits are paid.
To support the unemployment compensation systems, a combination of federal and state taxes are levied upon employers. States base employer contributions on the amount of wages the employer has paid, the amount the employer has contributed to the unemployment fund, and the amount that the discharged employees have been compensated from the fund. Any state tax imposed on employers (and certain credits on that tax) may be credited against the federal tax.
The proceeds from the unemployment taxes are deposited in an Unemployment Trust Fund (the Fund). Each state has a separate account in the Fund to which deposits are made. Within the fund are separate accounts for state administrative costs and extended unemployment compensation. During economic recessions, the federal government has provided emergency assistance to allow states to extend the time for which individuals can receive benefits. This is accomplished through a temporary law authorizing the transfer of money to a state from its Extended Unemployment Account. The ability of a state to tap into this emergency system is usually dependent on the employment rate reaching a designated percentage within the state or the nation.
Some states provide additional unemployment benefits to workers who are disabled. Financing for the California disability compensation program, for example, comes from a tax on employees.
The Railroad Unemployment Insurance Act provides unemployment compensation for workers in the railroad industry who lose their jobs.
U.S. Constitution and Federal Statutes
- U.S. Code:
- Federal Unemployment Tax Act - 26 U.S.C. 3301 et seq.
- Federal Grants to States for Unemployment Compensation Administration - 42 U.S.C. § 1101 et seq.
- Unemployment Trust Fund - 42 U.S.C. § 1104.
- The Railroad Unemployment Insurance Act - 45 U.S.C. § 351 et seq.
- CRS Annotated Constitution
[Last updated in July of 2024 by the Wex Definitions Team]