N.Y. Laws » CHAPTER Labor / ARTICLE Unemployment Insurance Law / TITLE Definitions
New York Consolidated Laws

N.Y. Labor Law § 522 (2026)

Total unemployment and partial unemployment

✓ current as of May 2026
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§ 522. Total unemployment and partial unemployment. "Total
unemployment" means the total lack of any employment during any week.
"Partial employment" means any employment during any week that is less
than full-time employment so long as the compensation paid is less than
the claimant's weekly benefit rate plus the claimant's partial benefit
credit. The term "employment" as used in this section means any
employment including that not defined in this title.
Notes of Decisions
Cited in 39 cases (11 in the last 5 years), 1986–2026 · leading case: In re the Claim of Alm, 302 A.D.2d 777 (N.Y. App. Div. 2003).
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In re the Claim of Alm, 302 A.D.2d 777 (N.Y. App. Div. 2003). · cites it 2× “The Board referred the matter of the amount of overpayments (see Labor Law § 597 [4]) and the penalty to the Department for recalculation. Claimant now appeals.”
In re the Claim of Gruber, 674 N.E.2d 1354 (NY 1996). “For example, in Labor Law § 522, the Legislature defined the eligibility requirement of "total unemployment,” as "the total lack of any employment on any day” and expressly provided within the context of that section that "[t]he term 'employment’ as used in this section means…”
Matter of Roberson (Commr. of Labor), 142 A.D.3d 1259 (N.Y. App. Div. 2016). “— Commissioner of Labor], 132 AD3d 1210, 1210-1211 [2015], quoting Matter of Aim [Commissioner of Labor], 302 AD2d 777, 778 [2003]), which is defined as “the total lack of any employment on any day” (Labor Law § 522; see Matter of Brown [Erie 2 Chautauqua-Cattaraugus Bd.”
Matter of Denes (Commr. of Labor), 147 A.D.3d 1144 (N.Y. App. Div. 2017). “Eligibility for unemployment insurance benefits is limited to claimants who are “totally unemployed” (Labor Law §591 [1]), defined as “the total lack of any employment on any day” (Labor Law § 522).”
Matter of Hawkins (A Place for Rover Inc.--Comm'r of Labor), 2021 NY Slip Op 05748 (N.Y. App. Div. 2021). “Finally, Rover's contention that claimant was not totally unemployed ( see Labor Law § 522), first raised at the end of the hearing, was not resolved at the hearing and is not properly before us.”
In re the Claim of Barber, 121 A.D.2d 767 (N.Y. App. Div. 1986). “Claimant testified that she did not think that these services constituted employment because she did them at home during the evening hours and did not receive any pay for her efforts.”
Vartanian v. Rsch. Found. of State Univ., 227 A.D.2d 744 (N.Y. App. Div. 1996). · cites it 2× “Effective August 9, 1993, plaintiff was declared ineligible for unemployment insurance benefits on the ground that he was not totally unemployed (see, Labor Law § 522). Upon such determination, plaintiff requested and was refused payment for his services from the Research…”
In re the Claim of Silverstein, 236 A.D.2d 757 (N.Y. App. Div. 1997). “Unemployment benefits are not payable unless a claimant is totally unemployed, meaning a total lack of any employment on any day, the term employment encompassing any employment including that not defined in the statute (Labor Law §§ 522, 591 [1]). Applying these statutes, we…”
In re Smith, 8 A.D.3d 744 (N.Y. App. Div. 2004). “Total unemployment is defined as “the total lack of any employment on any day” (Labor Law § 522; see Matter of Alm [Commissioner of Labor], 302 AD2d 777, 778 [2003]).”
In re the Claim of Hurley, 67 A.D.3d 1153 (N.Y. App. Div. 2009). “In view of claimant’s admission that he did not disclose to the Department his employment at the restaurant during a portion of the time that he certified for benefits, and given that benefits are payable only to claimants who are “totally unemployed” (Labor Law § 591 [1]; see…”
Matter of Robinson (Commr. of Labor), 125 A.D.3d 1038 (N.Y. App. Div. 2015). “per week regardless of the number of days worked have been deemed not to be totally unemployed and, therefore, ineligible to receive benefits for those weeks (see Matter of Nebel [Commissioner of Labor], 108 AD3d at 1008; Matter of Gullotti [Commissioner of Labor], 107 AD3d 1220…”
In re the Claim of Shenman, 297 A.D.2d 852 (N.Y. App. Div. 2002). “These work-related activities, while considered minimal by claimant, are sufficient to constitute employment within the meaning of the Labor Law (see Labor Law § 522; see also Matter of Bryant [Sweeney], 231 AD2d 797 ; Matter of Quarantillo [Sweeney], 226 AD2d 877 ).”
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