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  1. #1
    Join Date
    Nov 2013
    Posts
    7,056

    Default Does the "Cares Act" Cover Sallaried Workers

    My question involves labor and employment law for the state of: NJ and otherwise.

    I have been looking for an answer since the CARES act was passed and I can't find an answer. If you call the unemployment office they say call back another day because they can't take any more calls that day. They don't answer emails.

    The question is not a complicated one.

    Section 2108. Temporary Financing of Short-time Compensation Payments in States with Programs in Law
    This section provides funding to support "short-time compensation" programs, where employers reduce employee hours instead of laying off workers and the employees with reduced hours receive a pro-rated unemployment benefit. This provision would pay 100 percent of the costs they incur in providing the short-time compensation through December 31,2020.
    So while non-exempt workers may be entitled to a pro-rated unemployment benefit, what about salaried employees who have to take a cut in salary because of this pandemic? How is it different?

    The company I work for just cut salaried workers from 12 to 25 percent depending on their compensation. The more you make, the higher percent your salary was cut.

  2. #2
    Join Date
    Feb 2020
    Posts
    750

    Default Re: Does the "Cares Act" Cover Sallaried Workers

    Quote Quoting budwad
    View Post
    My question involves labor and employment law for the state of: NJ and otherwise.

    I have been looking for an answer since the CARES act was passed and I can't find an answer. If you call the unemployment office they say call back another day because they can't take any more calls that day. They don't answer emails.

    The question is not a complicated one.

    So while non-exempt workers may be entitled to a pro-rated unemployment benefit, what about salaried employees who have to take a cut in salary because of this pandemic? How is it different?

    The company I work for just cut salaried workers from 12 to 25 percent depending on their compensation. The more you make, the higher percent your salary was cut.
    I am self-employed and was just made aware that we are also covered under the The Care Act. This video https://www.youtube.com/watch?v=8cadGZc7HUw covers it very well but as to your question, he says that a self-employed person does not have to be totally unemployed and out of work to qualify. He says that if your income has decreased, you are still eligible for unemployment benefits. So, if a self-employed person can qualify with a diminished income, I would assume an employee would too.

    Watch the video, it's packed with information.

  3. #3
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Does the "Cares Act" Cover Sallaried Workers

    from all I am seeing and have read if you have a cut in pay or hours (which is a cut in pay), you most likely would be eligible for partial unemployment -- not sure how diffefent states are calculating the max received for those still getting paid, so it is possible with a pay cut that the employee might still be above the max wages to get any UI benefits...but it is going to be state dependent too at least for the part they control.


    My best advice is to apply and give UI the information that is asked for.....and don't hide any income/wages from them....

  4. #4
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Does the "Cares Act" Cover Sallaried Workers

    Yes, OT Exempt, Salaried employees are covered. File for UI.

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