Self-Employment in NY (receive, claim, payment, record)

[mooseboy]

I'm a bit concerned about the SE thing, in NY. I have a claim in effect (I'm an actor and have built up earnings in regular covered acting employment), and in the last few months I began narrating audiobooks, which are all being contracted to me as an Independent Contractor, i.e. Self-Employment.

I keep track of the days I worked on them, only claim partial benefits based on those days, continue to look for regular acting work, but this week I got the questionnaire this week asking to explain recent employment (as I've been claiming partial weeks).

Although I'm putting together a decent letter explaining this Self-employment, that it's not a business and that it's inconsistent, I'm concerned about the whole thing. I suppose that's because I usually have an actual paystub from an actual employer with an FEIN to give to the DOL, and this time I don't -- it's just my word, I guess?

Below is the letter I'm planning to include with my questionnaire. Does this sufficiently explain my situation, or is there more I should include?

"The most recent work I have done is as an Audiobook Narrator for ACX.com. However, I get hired through the Rights Holders within that business as an Independent Contractor, and therefore it is considered self-Employment. When claiming weekly benefits at the DOL, I always report the days I have worked in this capacity.

Although I have answered "Yes" to being "engaged in any activity which may bring in income", I don't own a business. I am engaged in occasional performance work as a Narrator, which by the company's definition is as an Independent Contractor, which is sporadic and inconsistent. It has provided some extra income and may lead to a full-time career (as I hope), but as yet it has not gone to a full-time level of work.

Meanwhile, I continue to seek full-time work as an Actor and Performer.

I am keeping careful records of the days I work as a Narrator (on average 2 days/week, sometimes less, sometimes more), and always report how many days I've worked in this capacity to the Department of Labor. I don't get paid for this work until months later, however, and the only paystubs I receive are for the Stipend I receive for the project, at least a month after it is complete. So a project I worked on in March may not pay me until May, for example. When I am paid out, it is usually in one lump sum for work that was spaced out over several weeks.

As mentioned I do have records of all my days working as an "Independent Contractor" as an Audiobook Narrator, if necessary. As I also mentioned, I am still actively seeking more consistent employment."

Thanks,
MB

[Chyvan]

NY is probably the worst state to play this game in. They have no trouble stopping benefits at the whiff of self employment. Besides that, they have a punitive (nonexistant for the most part) partial benefit formula.

All I can say is, "why in the world are you jeopardizing your claim over this?" You should be looking for work about as good or better than you had before. Not this kind of stuff. It won't fix your bigger problem, and just makes you resort to getting answers to questions that people are better off avoiding entirely. It's too much stress and worry to sort through this stuff.

The state doesn't care or require that you take ANY work. Only that you try to find suitable work and accept it when offerred.

If you persist, please provide updates and opinions as to whether "it was worth it." Plenty of people have been brutally penalized for doing what in the big scheme of things would be considered the "right thing," but the system just hasn't kept pace with today's work force requirements.

[mooseboy]

I appreciate your honest answer. I've dealt with the NY DOL many times an an actor, constantly going from one gig to another, but I'm surprised that just the nature of WHO the payor is for my work changes the whole game.

Jeopardizing my claim? Wow, I had no idea I was doing that. When I first got offered Narrator work, I wasn't even aware it would be considered IC work until I'd already been doing it for a bit. And why this should be considered differently from my other acting gigs makes no sense to me. (My issue would be with the DOL, not you, if this is the case-- I hate that they're this archaic.)

Also, it has actually paid better than my benefits (which are not the full $405 anyway), it is work in my own field, and it's allowed me to not have to claim full benefits.

Should I really have not attempted to take new work that I'm beginning to be successful in, simply because of the method of payment? You say "work that is as good as or better than before". All the work before, as acting jobs, was JUST as sporadic and inconsistent. This falls into the same camp, and in fact has been MORE consistent.

Again, I appreciate your help. I will send the letter and maybe call as well, and hope that they will see that this work is almost identical in nature to my other work. (No, it won't earn me benefits toward a future claim, but it helping me LIVE at the moment.)

Thanks!