0056 2786 42
0056 2786 42 (Apr. 26, 2024) – Recoverable draws on commission are remuneration because their purpose is to compensate claimants for services rendered to their employers. Where a draw on commission is recovered, it is considered earnings attributed to the weeks in which the draw was recovered. If not recovered, the draws are earnings attributed to the weeks in which they were originally received. Here, because the employer recovered the claimant’s draws later in his employment, held he had no earnings in the weeks the draws were originally received. However, as the claimant performed an average of 40 hours of work per week for the employer during this same period, he did not meet the definition of being in unemployment under G.L. c. 151A, §§ 29 and 1(r), because he was not available for full-time work.
0059 4161 70
0059 4161 70 (Jun. 28, 2022) – Where the claimant elected to be paid wages from his academic year position throughout the 12-month calendar year, G.L. c. 151A, § 1(r)(3), requires DUA to attribute these wages to the weeks in which they were earned. Accordingly, the review examiner erred in denying the claimant benefits during the summer of 2020 based on these wages. Properly attributing these wages only to the weeks in which they were earned shows that the claimant earned less than his weekly benefit amount and was, therefore, entitled to benefits.
0058 3800 18
0058 3800 18 (Feb. 24, 2022) – Spin instructor was in total unemployment pursuant to G.L. c. 151A, §§ 29 and 1(r), when her employer shut down due to the COVID-19 public health emergency. During this time, she was available for remote work, but the employer never assigned any to her. As the employer’s PPP payments to her were not for the performance of any work, they did not constitute disqualifying remuneration under G.L. c. 151A, § 1(r)(3). Upon her return, she remained in partial unemployment because she continued to be available for all suitable work, but her hours had been drastically reduced.
0034 4641 70
0034 4641 70 (Aug. 28, 2020) - The claimant was capable of working during her leave of absence, but the employer could not accommodate her weight lifting restriction. However, she received remuneration from the employer in the form of short-term disability benefits in an amount that exceeded her weekly benefit amount plus earnings disregard for several weeks after she opened her unemployment claim. In those weeks, the claimant was ineligible for benefits under G.L. c. 151A, §§ 29 and 1(r).