Job Training & Benefits

Can Striking Workers Collect Unemployment? What a New Federal Memo Means for You

Two more states now allow workers in labor disputes to claim unemployment benefits — and a federal clarification is reshaping how states handle these claims.

July 10, 2026·MSBy Michael Spitaleri, Editor-in-Chief·✓ Reviewed July 2026

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Key Takeaways

✓A new U.S. Department of Labor memo clarifies the procedural standards states must follow when processing unemployment insurance (UI) claims tied to labor disputes, including strikes.
✓At least two additional states have recently changed their laws to allow striking workers to collect UI benefits — a meaningful shift from the traditional disqualification rule that still applies in most states.
✓Workers locked out by an employer — rather than those who chose to strike — have historically had stronger UI eligibility claims in many states, because the work stoppage was employer-initiated.
✓The federal memo does not require all states to allow striking workers to collect UI, but it does hold states accountable for applying their own rules consistently and with documented procedures.
✓If your income has stopped due to a labor dispute, filing a UI claim and simultaneously exploring programs like SNAP, Medicaid, and LIHEAP may help you learn about assistance options that could be available to you.

Informational guide only. Not affiliated with any government agency. Program details vary by state and change frequently. Verify eligibility directly with your local agency or at Benefits.gov.

Can Striking Workers Collect Unemployment Benefits?

If you are a worker involved in a labor dispute — whether a strike or a lockout — you may be wondering whether unemployment insurance (UI) benefits are available to you. The answer depends heavily on your state. A recent memo from the U.S. Department of Labor's (DOL) Employment and Training Administration (ETA) has clarified the procedural standards states must follow when processing unemployment claims tied to labor disputes, following at least two additional states changing their laws to allow striking workers to access UI. This article breaks down what that guidance means in plain terms, which states have expanded access, and what concrete steps you can take to explore your options.

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Data Snapshot

The U.S. unemployment insurance system paid out approximately $30.4 billion in benefits to roughly 6.1 million recipients in a recent fiscal year, according to the U.S. Department of Labor's Employment and Training Administration (source: https://oui.doleta.gov/unemploy/finance.asp). Historically, workers involved in labor disputes have been excluded from this pool in the vast majority of states. That is beginning to shift. New York amended its UI law to allow striking workers to collect benefits after an eight-week waiting period, and New Jersey passed similar legislation. At least two additional states have recently joined this group, though specific waiting periods and implementation timelines vary by state. The DOL memo does not mandate that all states follow suit — but it does set clearer federal expectations for how states must evaluate and document these claims.

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Why This Federal Memo Matters

The U.S. Department of Labor's Employment and Training Administration issued this clarifying memo in response to growing inconsistency in how states were handling unemployment claims from workers in labor disputes. As more states revisit their labor laws, the federal government stepped in to provide guidance — not to override state authority, but to ensure that states are applying their own rules consistently and in compliance with the federal framework that governs the UI system.

Under the Social Security Act, states administer their own unemployment insurance programs but must meet federal requirements to receive federal funding. The DOL memo reinforces that states must maintain clear, documented procedures for determining whether a worker is disqualified due to a labor dispute — and that those determinations must be made fairly and without undue delay.

For workers, this matters in a practical way: it may reduce the risk of arbitrary claim denials and could strengthen the grounds for an appeal if a claim was improperly handled. It does not create new federal benefits, and it does not change the rules in states that have not updated their own laws.

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Which States Allow Striking Workers to Collect UI?

State variation here is significant. The traditional rule across most of the U.S. has been that workers who are on strike — meaning they voluntarily stopped working as part of a labor action — are not eligible for unemployment insurance during the work stoppage. Workers who are locked out by their employer have generally had a stronger case for UI eligibility, since the work stoppage was not their choice.

A small but growing number of states have moved away from the traditional disqualification rule.

States That Have Expanded Access

New York amended its UI law to allow striking workers to collect benefits after a waiting period, currently set at eight weeks under recent amendments.
New Jersey passed similar legislation permitting striking workers to access UI benefits after a defined waiting period.
Two additional states have recently enacted comparable changes, according to reporting tied to the federal memo. Specific waiting periods and implementation timelines vary, and workers in those states should contact their state workforce agency directly to confirm current rules.

States That Still Disqualify Striking Workers

The majority of U.S. states maintain a labor dispute disqualification, meaning workers who voluntarily participate in a strike are generally not eligible for UI during the work stoppage. If you live in one of these states, your options during a strike may be more limited — but contacting your state's workforce agency directly is still the right first step. Rules can change, and the specific facts of your situation — including whether the stoppage was truly voluntary — may affect how your claim is evaluated.

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Strike vs. Lockout: Why the Distinction Matters for UI

This distinction can determine whether a UI claim moves forward or is denied outright.

Strike: Workers collectively stop working, typically to pressure an employer during contract negotiations or over workplace conditions. In most states, this disqualifies workers from UI during the stoppage.
Lockout: The employer prevents workers from reporting to work, often as a counter-move during a labor dispute. Workers who are locked out may have stronger UI eligibility in many states, because the employer — not the worker — initiated the work stoppage.

If you are unsure which category applies to your situation, document everything carefully: the date work stopped, who initiated the stoppage, and any written communications from your employer or union. This documentation may be critical if you file a UI claim and the employer disputes it.

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Steps to Take If You're in a Labor Dispute and Need Income Support

Here is a practical, step-by-step approach to exploring your options.

Step 1: Contact Your State's Workforce Agency

Every state has a workforce or labor agency that administers unemployment insurance. You can locate your state's agency through the U.S. Department of Labor's CareerOneStop tool at https://www.careeronestop.org or through Benefits.gov at https://www.benefits.gov. Ask specifically about your state's rules for labor dispute disqualifications and whether any recent law changes apply to your situation.

Step 2: File a UI Claim — Even If You Are Unsure

In many states, you can file a claim and allow the agency to make the formal eligibility determination. Filing preserves your claim date and your place in the system. If you are denied, you typically have the right to appeal. Do not assume you are ineligible without checking — the specific facts of your situation and your state's current rules both matter.

Step 3: Gather Your Documentation

If you file a claim, you will likely need: - Your Social Security number - Employer name, address, and contact information - Dates of employment and the date work stopped - Documentation of whether the stoppage was a strike or a lockout (union communications, employer notices, written correspondence) - Your most recent pay stubs or W-2 form

Having this documentation ready before you file can help avoid delays in processing.

Step 4: Understand the Appeal Process

If your claim is denied due to a labor dispute disqualification, request the denial in writing and ask for information about the appeals process. The DOL memo reinforces that states must have fair, documented procedures for these determinations — which means your appeal has a formal process it must follow. Your union representative, if applicable, may also be a resource for navigating this process.

Step 5: Explore Other Assistance Programs

While your UI claim is being processed or appealed, other programs may help you learn about assistance that could be available to bridge the gap:

Supplemental Nutrition Assistance Program (SNAP): Households with gross income at or below 130% of the Federal Poverty Level (FPL) may be eligible for food assistance. Apply through your state's SNAP agency.
Medicaid: Health coverage for individuals and families with income generally at or below 138% FPL in states that have expanded Medicaid under the Affordable Care Act.
Low Income Home Energy Assistance Program (LIHEAP): May help with heating and cooling costs if your income has dropped during the labor dispute. Eligibility thresholds vary by state.
Local emergency assistance: Many community action agencies and nonprofits offer short-term help with rent, utilities, and food during income disruptions. Your local 211 helpline (dial 2-1-1) can connect you with nearby resources.

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What the Federal Memo Does NOT Do

Being clear about the limits of this guidance matters.

The federal memo does not require all states to allow striking workers to collect UI.
It does not create new federal benefits for workers in labor disputes.
It does not override state law — states retain the authority to set their own labor dispute disqualification rules within the federal framework.

What it does is hold states accountable for applying their own rules consistently and transparently. For workers, that means clearer procedures and stronger grounds for appeal if a claim is mishandled or a determination is made without proper documentation.

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A Note on Timing

Unemployment insurance claims typically take two to four weeks to process under normal circumstances. Claims involving labor dispute disqualifications may take longer, particularly if the employer disputes the claim or if the agency must investigate the circumstances of the work stoppage. If your income has stopped due to a labor dispute, do not wait to explore all available options. Filing your UI claim and simultaneously looking into SNAP, Medicaid, LIHEAP, and local emergency assistance programs may help you learn about resources that could be available during this period.

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Program eligibility and availability vary by state. Not affiliated with any government agency.

Sources & Further Reading

Frequently Asked Questions

Can I collect unemployment if I am on strike?

In most U.S. states, workers who voluntarily participate in a strike are disqualified from collecting unemployment insurance during the work stoppage. However, a small and growing number of states — including New York and New Jersey — have changed their laws to allow striking workers to access UI benefits after a waiting period. Contact your state's workforce agency directly to learn what rules apply to your situation, since laws have been changing.

What is the difference between a strike and a lockout for UI eligibility purposes?

A strike disqualification applies when workers voluntarily stop working as part of a labor action. A lockout occurs when the employer prevents workers from reporting to work. Workers who are locked out may have stronger UI eligibility in many states because the employer — not the worker — initiated the work stoppage. Documenting who initiated the stoppage, with written communications if possible, is important when filing a claim.

What did the Department of Labor memo actually change for workers?

The DOL memo clarified procedural standards that states must follow when evaluating unemployment claims tied to labor disputes. It does not require states to allow striking workers to collect UI, and it does not create new federal benefits. It does reinforce that states must apply their own disqualification rules consistently, fairly, and with documented procedures — which may strengthen the grounds for a worker's appeal if a claim is mishandled.

Should I file a UI claim even if I think I might be disqualified due to a labor dispute?

Filing a claim is generally advisable even if you are uncertain about eligibility. Filing establishes your claim date and preserves your place in the system. If denied, you typically have the right to appeal. Let the agency make the formal determination rather than assuming you are ineligible — the specific facts of your situation and your state's current rules both affect the outcome.

What other assistance programs may be available to me during a labor dispute?

If UI is unavailable or delayed, you may be able to learn about programs including SNAP food assistance (for households at or below 130% of the Federal Poverty Level), Medicaid for health coverage, and LIHEAP for energy costs. Local emergency assistance through community action agencies may also help with rent and utilities. Benefits.gov is a practical starting point to identify programs available in your state.

About the Author

Michael Spitaleri, Editor-in-Chief — Founder & Editor-in-Chief. Michael Spitaleri is the founder and editor-in-chief of Hardship Authority. He oversees all editorial content on the site, ensuring every article meets rigorous standards for accuracy, clarity, and practical usefulness before publication.

Disclaimer: This article is for informational purposes only. It does not constitute legal, financial, or benefits advice. Program eligibility and availability vary by state. Not affiliated with any government agency. Verify information with official sources including Benefits.gov, USDA, HUD, and your state program office.

unemployment insurancelabor disputestriking workersUI benefitsfederal memoDepartment of Laborlockoutworker assistancestate unemploymentSNAP

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