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April 27, 2020
2020-1123

North Dakota Executive Order provides UI benefits for employees impacted by COVID-19, employer accounts will not be charged for benefits

Governor Doug Burgum issued an Executive Order 2020-08 to temporarily waive certain provisions of the state's unemployment insurance (UI) law to provide for flexibility as outlined by the US Department of Labor to support workers and businesses impacted by the COVID-19 pandemic. Specifically, the Executive Order waives the requirement that UI benefit recipients search for work, eliminates the waiting week to be eligible for UI benefits and stipulates that COVID-19 UI benefits are not charged to employers' accounts.

Details of Executive Order 2020-08

The Governor's Executive Order includes the following temporary provisions in support of the COVID-10 pandemic.

  • Effective March 13, 2020, those portions of N.D.C.C. § 52-04-07 specifying the charging of base­period employers are suspended under the following circumstances: benefits paid to an individual whose unemployment is related directly or indirectly to COVID-19 shall not be charged against the accounts of the individual's employer.
  • Effective March 13, 2020, the requirement in N.D.C.C. § 52-06-01(2)(a) that an individual must register for work shall be suspended for individuals whose unemployment is related to COVID-19.
  • Effective March 13, 2020, the requirement in N.D.C.C. § 52-06-01(3)(a) that an individual must be actively seeking work is suspended for individuals whose unemployment is related to COVID-19.
  • Effective March 13, 2020, the requirement in N.D.C.C. § 52-06-02(1)(a)(1)&(2) that an individual must requalify for unemployment benefits for the week in which the individual has left the individual's most recent employment voluntarily or without good cause attributable to the employer, is suspended for individuals whose unemployment is related to COVID-19.
  • Effective March 13, 2020, the requirement in N.D.C.C. § 52-06-02(2) that an individual must requalify, in accordance with N.D.C.C. § 52-06-02(a), for unemployment benefits for the week in which the individual has been discharged for misconduct in connection with the individual's most recent employment, is suspended for individuals whose unemployment is related to COVID-19.
  • Effective March 13, 2020, strict compliance with N.D.C.C. § 52-06-04 is suspended to the extent review of an employee's separation from past employers is required. Only review of the current reason for separation from employment as it relates to COVID-19 will be considered in determining eligibility for benefits.
  • Effective March 13, 2020, strict compliance with N.D.C.C. § 52-06-04 subsections (a) through (d) is suspended to the extent income reduction for business owners is required when calculating monetary eligibility for unemployment benefits related to COVID-19.

Employer frequently asked questions are available here.

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Contact Information
For additional information concerning this Alert, please contact:
 
Workforce Tax Services - Employment Tax Advisory Services
   • Kenneth Hausser (kenneth.hausser@ey.com)
   • Debera Salam (debera.salam@ey.com)
   • Kristie Lowery (kristie.lowery@ey.com)
   • Peter Berard (peter.berard@ey.com)

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