Labor & Employment Law Daily Wrap Up, FEDERAL LEGISLATION—New legislation would make workers in labor disputes eligible for unemployment insurance, (Sep 9, 2025)
By Patricia K. Ruiz, J.D.
The bill was introduced in the Senate by Senator Adam Schiff (D-CA).
New legislation proposed by U.S. Representatives Donald Norcross (D-NJ), Alexandria Ocasio-Cortez (D-NY), and Lateefah Simon (D-CA) would allow workers who exercise their right to collectively bargain to be eligible for unemployment insurance (UI) benefits after 14 days of striking. The bill is designed to support workers during labor disputes by expanding eligibility for UI benefits and exempting workers in labor disputes from the work availability requirement.
The Empowering Striking Workers Act of 2025 amends § 3304(a) of the Internal Revenue Code and § 303(a)(12) of the Social Security Act to allow eligibility for UI benefits after 14 days of striking and to remove the need for the workers to seek other employment to receive UI benefits. Currently, New Jersey and New York are the only two states in which striking workers may apply for UI benefits after a 14-day waiting period.
“Any union worker knows that going on strike is always the last resort,” said Norcross. “Workers don’t want to be on the picket line—they want to get back to work, reach a fair agreement, and provide for their families. The Empowering Striking Workers Act will make sure no worker is forced to choose between standing up for their rights and putting food on the table.”
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