The Unemployment Bridge Program, proposed by legislation introduced this year in both houses of the New York State Legislature, deserves passage for one simple reason: All New Yorkers deserve a safety net – especially when, for reasons far beyond their control, they lose their jobs. 

The 2021 fight to create the Excluded Workers Fund in response to the Covid-19 pandemic revealed longstanding gaps in our safety net. Left out were many of our state’s most vulnerable workers, especially Black, brown, and immigrant workers in precarious low-wage industries. 

The Unemployment Bridge Program would be a permanent solution to exclusion from unemployment insurance (UI) benefits of categories of workers whose labors form a critical part of New York State’s economy. Such excluded workers include freelance and self-employed workers, cash economy workers, people in re-entry from incarceration or detention, and many immigrants. 

This program will run parallel to New York State’s current unemployment insurance, and will deliver unemployment compensation to these excluded New York workers, to ensure that our community can survive and recover economically during a crisis or temporary job loss. This program would not compete with the unemployment insurance system, but would, instead, supplement it, addressing systemic exclusion from that system. And it would be supported by a new separate revenue stream tapping into big tech company profits, and would not divert State funds from other essential services.

The proposed legislation includes provisions to enhance enforcement of the law against employers who are not paying into the regular UI system, specifically in the construction industry, where the problem of evasion is especially concentrated. Moreover, the program would provide support to workers in the affected categories who face retaliation when they seek to organize a union or otherwise protest unlawful working conditions. 

Low-wage workers often face retaliation, including firing, when they speak up about violations of their labor rights. Without a safety net to fall back on, workers are much less likely to oppose unlawful practices, leaving all workers in a weaker position to organize to oppose exploitative conditions. The lack of a safety net even affects unionized workers whose employers must compete with unscrupulous employers who engage in unlawful practices and fire workers who organize or complain. 

The proposed program recognizes the reality of New York’s labor market. Immigrant New Yorkers who lack work authorization represent a heavy percentage of workers in areas we have deemed essential – for example, food service and delivery. In recent years, industries such as publishing also have restructured their relationship with their workforce to convert jobs into freelance work. 

Even under the rigorous test that this bill would employ to identify misclassification of employees as “independent contractors,” there are workers who are genuinely freelancing, though not necessarily by choice. New York also still hosts a cash economy of day laborers, domestic workers, and others who perform work for homeowners. Those workers face impassible boundaries to access to UI. 

Unemployment also disproportionately impacts people recently released from incarceration or detention. These New Yorkers face daunting burdens finding work at the precise moment when they are setting out to reintegrate into their communities and our larger society. 

Forty percent of people returning to New York City from State prisons go straight to a homeless shelter bed, according to the Department of Corrections and Community Supervision, and these New Yorkers must navigate the additional hurdles of finding a job with a conviction record. Yet the labor they performed under highly exploitative conditions, paid pennies per hour, often for the State of New York in our prison system, does not count as earnings for eligibility for UI. So the State enriches itself off their virtually uncompensated labor and then leaves them with no unemployment assistance to live on as they seek work under very challenging circumstances. 

A dedicated revenue stream would support this Unemployment Bridge Program. The legislation proposing it adds a digital ad tax that is expected to raise $1.2 billion for New York State. Big tech companies currently do not pay taxes on the highly lucrative business of tracking and selling consumer data to advertisers, and have seen record profits in recent years. This tax would collect a small portion of annual revenues generated by digital advertising services from companies with gross annual revenue from such services that are $100 million or more. 

We never know when the next crisis will strike. When it does, we know that leaving some workers behind would only make it harder for entire communities to recover. The Unemployment Bridge Program will help keep that from happening.

Richard Blum is a staff attorney in the Employment Law Unit of the Legal Aid Society. This Urban Matters is adapted from testimony he presented to a Joint Legislative Budget Hearing on Workforce Development on March 1st, 2023.

Photo by: Peter Burka