Labor & Employment Law Daily Wrap Up, FEDERAL REGULATIONS—DOL proposes national minimum job-search requirement for unemployment benefits, (Nov 9, 2026)

By Brandi O. Brown, J.D.

States that have previously given warnings to individuals upon identifying a potential work search eligibility issue will no longer be able to do so and, instead, will be required to find that individual ineligible for UC that week.

DOL’s Employment and Training Administration has proposed a rule that would establish a nationwide minimum work-search standard for individuals collecting unemployment compensation (UC).

The proposal, scheduled for publication in the Federal Register on November 10, would amend federal unemployment insurance regulations to implement a work-search requirement Congress added to the Social Security Act in 2012.

Noting that various guidance, advisories, webinars, and other measures were taken by the Employment and Training Administration (ETA) after the enactment of the 2012 Act, the department explains that it “views the publication of this proposed regulation as the next step in effectuating the requirements of the 2012 Act.”

“The purpose of unemployment insurance is to provide temporary support while people proactively search for a new job or upskill to meet the needs of employers restoring critical supply chains,” said U.S. Secretary of Labor Keith Sonderling. “This proposed rule helps jobseekers find work faster and ensures efficient use of taxpayer resources while improving the overall integrity of our unemployment system.”

Five qualifying activities. Under the proposed rule, states would be required to ensure that unemployment claimants complete at least five qualifying work-search activities for each week they receive benefits, unless they qualify for specified exceptions or participate in an approved state points-based system. Claimants also would have to report their work-search activities before benefits are paid.

Also, the proposal would require states to recognize a broad range of qualifying work-search activities, including job applications, interviews, employer contacts, registration with placement agencies, and union job-referral contacts. States could also choose to count activities such as attending job fairs, participating in workshops or training programs, taking professional certification exams, and using employment services.

Activities to have varying values. The agency is also seeking comments on allowing states to adopt points-based systems that would assign different values to work-search activities. Under that approach, workers would still need to accumulate at least five points per week, but states could give greater weight to activities believed to have stronger connections to reemployment or workforce shortages.

Several categories of claimants could be deemed to satisfy the requirement without completing five weekly activities. Those include individuals enrolled in approved training programs, participants in self-employment assistance or work-sharing programs, registered apprentices, certain union workers using hiring halls, workers with firm return-to-work dates, and individuals who have already accepted a job that will begin within four weeks.

No warnings. The proposal would additionally prohibit states from issuing formal or informal warnings when claimants fail to satisfy work-search requirements. Instead, states would be required to determine that individuals are ineligible for benefits for weeks in which they do not complete and report required activities.

“To facilitate a smooth transition,” the notice states, “the Department expects States to discontinue both formal and informal warnings to individuals who fail to complete the required work search activities upon publication of this final rule, or as soon as possible if State law must be amended, as such warnings are inconsistent with Federal law.”

The Labor Department contends that stronger work-search requirements can shorten unemployment spells and reduce improper benefit payments.

One year to comply. States would generally have one year after publication of a final rule to bring their unemployment insurance laws and systems into compliance.

The Labor Department is accepting public comments for 60 days after publication of the proposal in the Federal Register.

MainStory: TopStory AgencyNews FederalRegulations BenefitsNews EconomicNews LaborNews StateRegulations GCNNews