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Kokua Line: Worker who loses side gig can’t file jobless claim if main job is intact

Question: Prior to the coronavirus layoffs, I was working a full-time job and a part-time restaurant job. I am single and have a mortgage to pay. I have lost my part-time job due to the pandemic. Can I submit a claim for unemployment benefits for my part-time job?

Answer: No, because you still have your full-time one. “An individual is ineligible for unemployment benefits if they’re working a full-time job,” said William G. Kunstman, spokesman for the state Department of Labor and Industrial Relations.

Many other readers have submitted similar questions, having lost side gigs or weekend jobs they held to bring in extra money on top of their primary employment. People may be eligible for unemployment insurance if they are completely unemployed or partially unemployed, but that calculation derives from a full-time basis, not from full-time-and-a-half (or more).

Q: Can you please verify that Uber drivers are eligible for unemployment insurance in Hawaii? I am receiving conflicting information about the CARES Act. If we can receive benefits, then please provide us with a contact to assist us with our claims because my friends are being rejected.

A: Yes, formerly full-time drivers for ride-hailing companies are eligible generally for UI in Hawaii, and that eligibility predates the federal CARES Act, Kunstman said.

“The department has determined Uber drivers and other ‘gig workers’ are employees under our state law and not independent contractors. Although each determination is on a case-by-case basis, such workers may already be eligible for benefits. The department encourages them to file through the web form at 808ne.ws/claim,” he said Wednesday.

The federal CARES Act extends UI coverage to self-employed people, freelancers and independent contractors previously ineligible for UI in some states. However, as Kunstman said, Hawaii defines Uber drivers as employees and therefore generally eligible for UI coverage.

The department has a guide for filing unemployment claims at 808ne.ws/uiguide. If you need help by phone, call toll free at 833-901-2275 (the area code is not 808).

After you file, you may check the status of your claim at 808ne.ws/status.

We don’t know why your friends were rejected, although it could be that driving was a side gig and they continue to earn full-time income elsewhere (see first question).

To find out, they should email DLIR at dlir.ui.disqualified@hawaii.gov. “This email address is for those who have received an email, letter, or other message (screenshot) that says that they are disqualified from UI. Individuals are to submit their full name, last four digits of their Social Security Number, telephone number (including area code), and a screenshot of their disqualification,” it says.

The department has two other dedicated email addresses for common concerns.

Anyone who wants their claim backdated should email dlir.ui.backdate@hawaii.gov. “The backdate will be for their first week of less-than-full employment due to COVID-19. Individuals are to submit their full name, last four digits of their Social Security number, telephone number (including area code), and the week that they would like their claim backdated to,” the DLIR says.

To request language assistance, email dlir.ui.languageassistance@hawaii.gov. “Individuals are to submit their full name, telephone number (including area code), and the language that would like to receive interpretation services for. The interpretation services would be provided free of charge and via telephone.”


Write to Kokua Line at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.


Correction: An earlier version of this story incorrectly stated that individuals from islands in the Compact of Free Association should enter part of their I-94 number in the status form.
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