Department of Labor June 12, 2012 – Federal Register Recent Federal Regulation Documents

Announcement regarding states triggering ``off'' in the Emergency Unemployment Compensation 2008 (EUC08) Program and the Federal-State Extended Benefits (EB) Program. The U.S. Department of Labor (Department) produces trigger notices indicating which states qualify for both EB and EUC08 benefits, and provides the beginning and ending dates of payable periods for each qualifying state. The trigger notices covering state eligibility for these programs can be found at: https://ows.doleta.gov/unemploy/claims arch.asp. The following changes have occurred since the publication of the last notice regarding states' EB and EUC08 trigger status: Based on data released by the Bureau of Labor Statistics on March 30, 2012, the three month average, seasonally adjusted total unemployment rate in Connecticut fell below the 8.0% rate required to remain ``on'' in a high unemployment period (HUP) within the EB program. Claimants in this state were eligible for up to 20 weeks of benefits through April 21, 2012, but starting April 22, 2012, the maximum potential entitlement in the EB program for this state decreased from 20 weeks to 13 weeks. Based on data released by the Bureau of Labor Statistics on March 30, 2012, as well as revisions to prior year data released on February 29, 2012, Alabama, Delaware, Georgia, Indiana, Maryland, and Washington no longer meet one of the criteria to remain ``on'' in EB, i.e., having their current three month average, seasonally adjusted total unemployment rate be at least 110% of one of the rates from a comparable period in one of the three prior years. This triggered these states ``off'' EB and the end of the payable period for these states in the EB program was the week ending April 21, 2012. Although some states have triggered ``off'' of EB, they are currently triggered ``on'' to Tier 4 of the EUC08 program. Under Public Law 112-96, new Tier 4 claimants in states that are triggered ``off'' in the EB program, but are triggered ``on'' in Tier 4 of the EUC08 program, may be eligible for augmentation from a maximum potential duration of 6 weeks to a maximum potential duration of 16 weeks for a limited period of time. Details on this potential benefit augmentation can be found at https://wdr.doleta.gov/directives/corr doc.cfm?DOCN=5271 starting at the bottom of Page 4. States that were affected by this provision were Arizona, Kentucky, Michigan, Mississippi, Oregon, Puerto Rico, South Carolina, and Tennessee. In addition, Georgia and Indiana were eligible to provide for up to 16 weeks of Tier 4 benefits for new Tier 4 claimants starting April 22. Based on data released by the Bureau of Labor Statistics on March 30, 2012, the three month average, seasonally adjusted total unemployment rate for Virginia fell below the threshold to remain ``on'' in Tier 3 of the EUC08 program. As a result, the current maximum potential entitlement in this state in the EUC08 program decreased from 47 weeks to 34 weeks. The week ending April 21, 2012 was the last week in which EUC08 claimants in this state could exhaust Tier 2, and establish Tier 3 eligibility. Under the phase-out provisions, claimants in this state can receive any remaining entitlement they have in Tier 3 after April 21, 2012. Based on data released by the Bureau of Labor Statistics on March 30, 2012, the three month average, seasonally adjusted total unemployment rates for Tennessee and Washington fell below the threshold to remain ``on'' in Tier 4 of the EUC08 program. As a result, the current maximum potential entitlement in these states for the EUC08 program decreased from 53 weeks to 47 weeks. The week ending April 21, 2012 was the last week in which EUC08 claimants in these states could exhaust Tier 3, and establish Tier 4 eligibility. Under the phase-out provisions, claimants in these states can receive any remaining entitlement they have in Tier 4 after April 21, 2012.

Announcement regarding states triggering ``off'' in the Emergency Unemployment Compensation 2008 (EUC08) Program and the Federal-State Extended Benefits (EB) Program. The U.S. Department of Labor (Department) produces trigger notices indicating which states qualify for both EB and EUC08 benefits, and provides the beginning and ending dates of payable periods for each qualifying state. The trigger notices covering state eligibility for these programs can be found at: https://ows.doleta.gov/unemploy/claims arch.asp. The following changes have occurred since the publication of the last notice regarding states' EB and EUC08 trigger status: Based on data released by the Bureau of Labor Statistics on April 20, 2012, California, Colorado, Connecticut, Florida, Illinois, North Carolina, Pennsylvania, and Texas no longer meet one of the criteria to remain ``on'' in EB, i.e., having their current three month average, seasonally adjusted total unemployment rate be at least 110% of one of the rates from a comparable period in one of the three prior years. This triggers these states ``off'' EB and the end of the payable period in the EB program for these states will be the week ending May 12, 2012. Based on data released by the Bureau of Labor Statistics on April 20, 2012, the three month average, seasonally adjusted total unemployment rate for Indiana fell below the threshold to remain ``on'' in Tier 4 of the EUC08 program. As a result, the current maximum potential entitlement in this state in the EUC08 program will decrease from 53 weeks to 47 weeks. The week ending May 12, 2012 will be the last week in which EUC claimants in this state can exhaust Tier 3, and establish Tier 4 eligibility. Under the phase-out provisions, claimants in this state can receive any remaining entitlement they have in Tier 4 after May 12, 2012. Based on data released by the Bureau of Labor Statistics on April 20, 2012, the three month average, seasonally adjusted total unemployment rate for Oklahoma fell below the threshold to remain ``on'' in Tier 3 of the EUC08 program. As a result, the current maximum potential entitlement in this state in the EUC08 program will decrease from 47 weeks to 34 weeks. The week ending May 12, 2012 will be the last week in which EUC claimants in this state can exhaust Tier 2, and establish Tier 3 eligibility. Under the phase-out provisions, claimants in this state can receive any remaining entitlement they have in Tier 3 after May 12, 2012. With data released for the 13 week period ending April 21, 2012, Alaska's 13-week Insured Unemployment Rate (IUR) has fallen below the 6% threshold to remain ``on'' in EB and Tier 4 of EUC. This triggers Alaska ``off'' EB and the end of the payable period for this state in the EB program will be the week ending May 12, 2012. This same data also causes Alaska to fall below the threshold to remain ``on'' in Tier 4 of the EUC08 program. As a result, the current maximum potential entitlement in this state in the EUC08 program will decrease from 53 weeks to 47 weeks. The week ending May 12, 2012 will be the last week in which EUC claimants in this state can exhaust Tier 3, and establish Tier 4 eligibility. Under the phase-out provisions, claimants in this state can receive any remaining entitlement they have in Tier 4 after May 12, 2012. Claimants in states that are triggered ``on'' to Tier 4 of the EUC08 program, but not triggered ``on'' to EB, may be eligible for augmentation of their Tier 4 entitlement from a maximum potential duration of 6 weeks to a maximum potential duration of 16 weeks. Details on this can be found at the bottom of the page for this link: https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=5271. States currently affected by this provision are Arizona, Georgia, Indiana, Kentucky, Michigan, Mississippi, Oregon, Puerto Rico, and South Carolina. States that will be eligible to provide for up to 16 weeks of Tier 4 benefits for new Tier 4 claimants starting May 13 are California, Florida, Illinois, and North Carolina.

The Assistant Secretary of Labor for Occupational Safety and Health requests nominations for membership on the Whistleblower Protection Advisory Committee (WPAC).