Exceptions for Employees due to COVID‐19 Pandemic

• Beginning with claims effective March 15, 2020
• The one week waiting period has been suspended for those receiving unemployment insurance benefits
• The requirement to conduct a weekly job search has been suspended

Exceptions for Employers due to COVID‐19 Pandemic

• Employers who do slow or cease operations will not be financially penalized for an increase in workers requesting unemployment benefits
• Authorization of rapid response funding, through the Workforce Innovation and Opportunity Act, for employers eligible to remain open during this emergency; funds may be used to clean facilities and support emergency needs

Exceptions for Employees due to COVID‐19 Pandemic

• Workers whose jobs have been affected in some way by the public health emergency may be able to claim unemployment insurance with no waiting period and no requirement to be actively searching for work
• Workers who have been excluded from the unemployment benefits eligibility may have access to various community organizations’ benefits to serve street vendors, sex workers, hospitality workers and more who cannot access the funds at this time

Exceptions for Employers due to COVID‐19 Pandemic

The District of Columbia passed the COVID‐19 Response Emergency Amendment Act of 2020, which:

• Creates a public health emergency small business grant program that allows the Mayor to give grants or loans to eligible small businesses, non‐profit organizations, and independent contractors and self‐employed individuals not eligible for unemployment insurance
• Prohibits evictions, including for non‐residential tenants, during the public health emergency
• Allows all businesses except hotels to defer without penalty sales tax payments for February and March 2020 until July 20, 2020; and extends the March 31 real property tax due date for hotels until June 30, 2020

Exceptions for Employees due to COVID‐19 Pandemic

• The Division considers each claimant’s efforts in relation to the labor market conditions to determine if the search for work criteria has been satisfied.
• The Division might not require claimants to search for jobs, but instead require claimants to perform other reemployment activities, such as creating a resume, completing online classes and training courses, or other tasks to help with reemployment in the future
• Claimants are not required to search for work if their employer has temporarily laid off the claimant and has provided a return to work date that is less than 10 weeks in the future

Exceptions for Employers due to COVID‐19 Pandemic

• No employer will see an increase in their tax rate for 2020 due to COVID‐19. Unemployment insurance benefits are proportionately charged to each employer based on the employee’s earnings in their base period. Contributory employers may see an increase in their 2021 tax rate as a result of benefits paid due to COVID‐19
• In the event that a process for employers to apply for a waiver of charging of any benefits paid due to COVID‐19, additional information will be provided outlining the requirements

Exceptions for Employees due to COVID‐19 Pandemic

Under the WV State of Emergency Declaration regarding COVID‐19, the following processes are waived:

• The one‐week waiting period for benefits
• The able to work and available to work requirements
• The work search requirements
• The actively seeking work requirements

Exceptions for Employers due to COVID‐19 Pandemic

Because of West Virginia’s narrow expansion of its unemployment eligibility criteria, employers are awaiting a decision on whether West Virginia will opt‐in to the federal CARES unemployment benefits. If it does, it would significantly expand not only the maximum weeks and benefit amount, but also the availability of benefits in general