As we witness a surge in worker strikes in the year 2023, the debate surrounding unemployment benefits for those on strike has intensified.

Currently, there exists no federal law guaranteeing unemployment benefits for strikers, but at least two states, namely New York and New Jersey, have implemented their own policies to provide these benefits to workers who are withholding their labor as a form of protest against their working conditions. Strikes can span from a few days to several weeks or even months, and during this period, workers typically lose their wages.

In addition, several other states have recently introduced legislation aimed at offering similar benefits to striking workers. For instance, California lawmakers passed a bill last month that would have granted these benefits to strikers in the state; however, Governor Gavin Newsom vetoed it, citing the state’s unemployment fund’s deficit caused by the pandemic. Similarly, Massachusetts, Connecticut, and Pennsylvania have also made efforts to provide jobless benefits to striking workers.

At the federal level, there is an ongoing effort to expand the unemployment program to include strikers. Michele Evermore, a senior fellow at The Century Foundation, noted, “There is an entire generation of labor activists who are really pushing for this change, recognizing the need for assistance during a strike, even if they haven’t personally experienced the hardships and uncertainties of one.”

Critics argue that providing unemployment aid to strikers puts employers at a disadvantage during negotiations and may encourage more workers to go on strike. Connecticut State Senator Rob Sampson expressed skepticism, saying, “To me, it’s an absurd notion on its face. People are voluntarily walking off the job.”

In 2023, there have been 312 strikes involving approximately 453,000 workers, compared to 180 strikes and 43,700 workers during the same period two years ago, according to data from Johnnie Kallas, a PhD candidate at Cornell University’s School of Industrial and Labor Relations and the project director of the ILR Labor Action Tracker.

Here are some key points that striking workers should be aware of regarding unemployment benefits:

New York and New Jersey Offer Jobless Aid to Strikers:

  • New York has been providing some form of jobless benefits to striking workers even before federal unemployment insurance laws were enacted.
  • In 2020, state lawmakers significantly reduced the waiting period for employees to start collecting unemployment benefits while on strike, from seven weeks to 14 days.
  • In New York, workers on strike can typically receive benefits for up to 26 weeks.
  • However, the state may require repayment of aid if an employer provides back pay to a worker once the strike concludes.

**New Jersey also provides unemployment benefits to striking workers, with lawmakers recently reducing the waiting period to 14 days, down from 30.

  • In New Jersey, workers on strike can generally collect unemployment benefits for up to 26 weeks.

Other Qualifications for Jobless Benefits:

  • Across the United States, most workers are eligible for unemployment benefits if they are affected by a strike, provided they are not actively participating in the dispute, financing it, or having a direct interest in it.
  • The majority of states offer jobless benefits to workers unable to work due to a lockout, which typically occurs when workers are willing to work, but the employer refuses to allow them to return.