The U.S. Department of Labor released a policy memo this month clarifying whether striking workers are eligible for unemployment benefits under federal law.
Issued Jan. 8, the memo follows the recent enactment of state laws in Washington and Oregon and passage of similar legislation in Connecticut that Gov. Ned Lamont vetoed last year.
The Washington and Oregon measures permitted workers voluntarily on strike to collect benefits, as did the Connecticut bill, which Lamont called “a bridge too far.”
“The Unemployment Trust Fund exists to provide support to individuals who are out of work
through no fault of their own, and its long-term sustainability is critical,” he wrote in his veto notice.
The DOL policy memo was written by Michelle Beebe, administrator for the Employment and Training Administration’s Office of Unemployment Insurance.
It notes that federal law establishes requirements for state unemployment insurance programs, including broad coverage and benefit provisions, experience ratings, and certain administrative conditions.
“A state’s failure to follow these requirements may lead to conformity or compliance issues,” Beebe writes.
“A state’s law must conform to the requirements of federal UI law in order for the state to receive grants to administer their UI programs and for employers in the state to receive credits under the Federal Unemployment Tax Act.”
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