MMA’s Special Task Force on Michigan Unemployment
Employers pay billions of dollars into Michigan’s unemployment insurance system each year but unfortunately the system has been plagued with inefficiency, errors and scandal. These problems cost manufacturers dearly — in terms of time and money. MMA fought hard in 2011 and 2013 for fundamental reforms of Michigan’s unemployment laws but it has been made abundantly clear that there is more to do.
We are forming a Special Task Force on Michigan Unemployment to bring manufacturing executives and staff together to develop recommendations for legislative solutions to address these potentially costly problems:
- Employer Non-Compliance Determinations: Beginning in 2016, thousands of employers were accused by the Unemployment Insurance Agency (UIA) of failing to respond to inquiries in a timely or adequate manner. These “non-compliance” determinations were first issued to employers on Form 6367 in January 2016. The process for protesting and adjudicating these determinations was unclear, confusing and in many cases totally inaccurate. We have worked with the Agency to make improvements but indications from 2017 determinations are that significant problems remain.
- Identity Theft Leads to Imposter Claims: Identify thieves are using worker data to apply for and obtain unemployment benefits. The dramatic uptick in occurrences of these “imposter claims” has been detrimental to employers who don’t pay close attention to their reports and fail to protest the determinations, resulting in a negative effect on the employer’s tax rate. It has also been problematic for employers who did act to block the fraud, but the Agency failed to stop payment. It is obviously detrimental to the worker whose identity has been stolen and often those employees look to the employer for help in cleaning up the mess. Virtually all employers — both public and private — have been impacted. Unfortunately, the UIA has been slow to the draw and has done little in our opinion to combat the onslaught of imposter claims.
- Penalties for Fraud: At the same time, the UIA has been overwhelmed by a situation that led at least 20,000 claimants to be falsely accused of fraud. State and federal lawsuits are proceeding. In the meantime, the UIA has halted all collection activities for the people subject to fraud determinations during the time period in which a new computer system auto-adjudicated fraud cases and applied 400% penalties. New Talent Investment Agency Director Wanda Stokes is now apologizing for the agency’s role in the mess and calling for the legislature to reduce penalty amounts required by law.
We need your help to make meaningful improvements to this potentially disastrous situation. Please let me know by Friday, February 24 if you or one of your colleagues will be at the table to help develop recommendations for legislative and regulatory solutions. We know that you are busy and that your time is valuable — this Special Task Force will only meet as absolutely necessary to review the situation and develop recommendations for change.
A meeting of the Special Task Force on Michigan Unemployment will be scheduled for early March during which we’ll develop a strategy for moving forward. It important that we have the practitioners within member companies that work on unemployment matters at that meeting.
Look Out for UIA Non-Compliance Determinations!
Last week, the Unemployment Insurance Agency (UIA) began issuing determinations to employers for Section 20(a) “non-compliance” issues occurring during calendar year 2016.
Employers that receive UIA Form 6367 (Notice of Determination of Employer Charging) have been found by the UIA to have established a pattern of failing to respond with timely or adequate information. Michigan law defines a pattern of failing to respond as four or more instances constituting 2% or more of all requests directed to that employer.
Penalties for these non-compliance determinations are steep. If your company is finally determined to having demonstrated a pattern of failing to respond in 2016, all benefits paid to a claimant in 2017 in which the company failed to respond will be charged to your account, regardless of whether you are successful in appealing the claim or if the benefits were found to be improperly paid.
If you receive a UIA Form 6367: Review the information closely. You have 30 days from the mail date of the notification to protest the determination.
If you do not receive a UIA Form 6367: You are in good shape!
The UIA’s process for issuing and adjudicating Form 6367 Determinations in 2016 was unclear, confusing and in many cases totally inaccurate. We have been working closely with Agency leadership to improve the process for 2017. As part of that dialogue with Agency staff, I urge you to contact me if you experience difficulty or frustration in this process. I may be able to help and your feedback will help direct the Agency to improve their efforts.
As always, please don’t hesitate to contact me with questions or comments regarding this or any other matter.
Employer Concerns Lead to UIA Leadership Shake-Up
The Snyder Administration acknowledged the concerns expressed by Michigan’s manufacturing industry regarding the state’s Unemployment Insurance Agency (UIA) as new leadership and a renewed focus on customer service was announced amidst serious legal issues. Former UIA Director Sharon Moffett-Massey has been reassigned, while Bruce Noll, former legislative liaison to the Talent Investment Agency, will serve as acting assistant director of the UIA.
“MMA has worked closely with Mr. Noll and Talent Investment Agency Director Wanda Stokes to address the deep concerns of manufacturers regarding employer determinations, identify theft and customer service issues,” said Delaney McKinley, MMA director of human resource policy and membership development. “We are glad to see that these concerns were taken seriously and that the UIA is seeking to make full-scale changes.”
As part of the new leadership, Stokes announced a three-point plan to address the main issues employers have shared: customer service, organization evaluation, and the immediate identification and addressing of legitimate instances of unemployment fraud.
“MMA will continue our work with Mr. Noll and Ms. Stokes to ensure rampant unemployment fraud and other concerns receive immediate attention.”
Contact Delaney McKinley, at 517-487-8530 or email@example.com, to report instances of fraud facing your business or to learn how this leadership change will impact your company’s competitiveness.