This week, the Massachusetts Department of Unemployment Assistance (DUA) began accepting applications for unemployment under its Pandemic Unemployment Assistance (PUA) program from those who are normally excluded from receiving unemployment.

Who does the PUA cover?

     This PUA covers workers who would not ordinarily qualify for unemployment, but have either stopped working or, in certain cases, have significantly reduced earnings, because of COVID-19 related reasons.  A non-exhaustive list of such workers includes:

• Self-employed, independent contractors or gig workers for whom COVID-19 has severely impacted their ability to perform their normal work resulting in either no income or a significant loss of income; 
• People who didn’t earn enough or work long enough to qualify for regular unemployment insurance;
• Workers in religious organizations; and  
• People who have used up all of their state and federal unemployment benefits.

 What are COVID-19 related reasons?

     COVID-19 related reasons may include (but are not limited to):

• You were diagnosed with COVID-19 or you have symptoms.
• A member of your household was diagnosed with COVID-19.
• You are caring for a family or household member who tested positive or was diagnosed with COVID-19.
• You have primary responsibility for a child whose school or child care is closed and you need to care for them.
•  You have primary responsibility for a member of your household who needs care.
• Your employer, or a government order told you to "self-quarantine."
• You have been advised by a health care provider to self-quarantine.
• You are a self-employed, an independent contractor or gig worker and COVID-19 has severely limited your ability to perform normal work.
• You don’t have a recent history of sufficient work and were scheduled to start a job with a new employer, but cannot start that job or the offer was withdrawn as a result of COVID-19.
• The head of your household died from the coronavirus so now the whole household depends on you for support.
• Your place of work closed or reduced your hours  because of COVID-19
• You had to quit your job because of COVID-19.
• You had an unemployment claim with the DUA that ended after July 5, 2019, but there are no benefits left.
• You otherwise do not qualify for regular or extended UI benefits and are affected by COVID-19.

What are the other requirements to receive unemployment under the PUA?

     You need to be able and available to work other than being impacted by COVID-19.  

 How much money will you receive if your claim is accepted?

      If your claim is accepted, the amount of money you will be eligible for will vary.
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1. If you did not earn anything after you stopped work, you will be eligible for a minimum of $268 a week up to a maximum of $823 a week, depending on how much you made before your income was reduced due to COVID-19.  The more you made before, the more unemployment you are eligible to collect.  Your unemployment amount may be reduced if you are still receiving some pay.  You may not be eligible to collect unemployment if you currently earn too much money.
2. Until July 25, 2020, you will also receive an extra $600 a week.
3. Therefore, until July 25, 2020, you will receive between $868 a week and $1423 a week if you are not receiving earnings that reduce your unemployment amount.
4. You will also receive $25 for each child for whom you provide 50% or more support if the child is (a) under 18, (b) under 24 and a full-time student or (c) is of any age and cannot work due to physical or mental disabilities.  The amount you receive for your children cannot exceed 50% of your weekly unemployment benefit.

How do you apply for unemployment? 

      To apply for unemployment, you can apply online by going to the Department of Unemployment Assistance website at https://www.mass.gov/orgs/department-of-unemployment-assistance.  You can also find out more about unemployment benefits and how to apply on this website. 

     The link to apply for regular unemployment insurance is:   
     https://uionline.detma.org/Claimant/Core/Login.ASPX

     The link to apply for PUA for those who do not ordinarily qualify for regular unemployment insurance is:
     https://ui-cares-act.mass.gov/PUA/_/#2

     You can also call the DUA on the phone to apply at 877-626-6800, but many find it easier to apply online. 

Can you receive both regular unemployment insurance and PUA?

      No, if you qualify for regular unemployment insurance, you are not eligible for PUA. 

      Is it legal under Massachusetts state law for an employer to discriminate against an employee for his or her association with a disabled person? The answer is a resounding "no."  In Flagg v. Alimed, 466 Mass 23 (2013), the Supreme Judicial Court of Massachusetts held that an employer is prohibited from discriminating  against an employee based on his association with a handicapped individual.
      In Flagg, the plaintiff employee, Marc Flagg, had a wife with a disabling brain tumor.  The employer terminated Flagg when his wife was in the hospital, resulting in an immediate cancellation of his family's health insurance.  Flagg alleged that the employer terminated him because his wife had a serious and costly medical condition, which had rendered her totally disabled, for which the employer, through its health plan, was financially responsible.   He alleged that his employer had terminated him due to his association with his handicapped wife.
     The Supreme Judicial Court found that the Massachusetts employment discrimination statute prohibited the employer from discriminating against the employee based on his wife's disability.   While the Massachusetts Commission Against Discrimination (MCAD) has long interpreted state law to protect employees from discrimination for association with members of a protected class, this is the first time the Supreme Judicial Court has weighed in on the matter, clearing up any ambiguity as to whether there is a cause of action under state law for discrimination based on association with a disabled person.
     Under the Americans with Disability Act (ADA), which is federal law, employees associated with disabled individuals are explicitly protected from associational discrimination.    However, the ADA only protects employees who work for employers with 15 or more employees.  In contrast, the state employment discrimination statute covers workplaces with 6 or more employees.   Employees who work for employers with 6 to 14 employees can now rest assured that they are protected from discrimination based on their association with disabled individuals.
    Although the Supreme Judicial Court limited its holding to associational discrimination based on disability, employers would be wise to adopt practices that prohibit associational discrimination with individuals in classes based on race, gender, religion, national origin, sexual orientation and gender identity because federal courts and the MCAD have interpreted this type of discrimination to be illegal.

     With a tight job market, an internship can be a nice way to pad a young job seeker's resume.  According to the Washington Post, 55 percent of college seniors in 2012 had an internship or co-op experience during their college years.  Of those who held internships, almost half were unpaid. 
     There has recently been a wave of litigation that has brought into question the legality of many unpaid internships.  One recent high profile case was Glatt v. Fox Searchlight Pictures, Inc. in the Southern District of New York.  In that case, several unpaid interns on the set of the movie, Black Swan, sued Fox Searchlight Pictures alleging that they were employees and should have been paid minimum wage.  The judge ruled that Fox should have paid the interns because they should have been classified  as employees.   The judge followed criteria that were promulgated for unpaid internships in the private sector.
     Employers should be aware of the following six factors that the United States Department of  Labor has promulgated that unpaid internships in the private sector should meet:

1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;
2.  The internship experience is for the benefit of the intern;
3.  The intern does not displace regular employees, but works under close supervision of existing staff;
4. The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded;
5. The intern is not necessarily entitled to a job at the conclusion of the internship; and
6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

     Massachusetts employers should be especially be concerned about structuring their unpaid internships to be compliant because the failure to pay minimum wage triggers treble damages.  Employers may not get around the Wage Act by entering into special contracts with the employee exempting the employer's compliance with the Act.