Executive Order 322

Governor Roy Cooper signed Executive Order 322 on October 16, 2024, authorizing the Division of Employment Security to increase the amount of weekly unemployment payments available to North Carolinians in the aftermath of Hurricane Helene.

Governor Cooper Issues Executive Order Increasing Unemployment Payments for North Carolinians in the Wake of Hurricane Helene [Press Release]
Providing Unemployment Insurance Relief for North Carolinians Impacted by Hurricane Helene [Executive Order]

Frequently Asked Questions

Individuals

What does Executive Order 322 authorize?

Who is impacted by Executive Order 322?

Executive Order 322 applies to any new claims filed on or after September 29, 2024. If a claim is reopened after September 29, 2024, the individual will receive the previous calculation of weekly benefit amount.

By how much will unemployment benefits increase?

Weekly unemployment benefits will increase from a maximum of $350 a week to a maximum of $600 a week. Currently in North Carolina, the minimum weekly benefits amount is $15. To ensure that many low-income and part-time workers receive necessary benefits in the wake of Helene, the order will also increase benefits by $250 a week (up to the $600 cap) for all eligible workers who file new claims as of September 29, 2024.

How is the weekly benefit amount (WBA) calculated, and what is the minimum a person can get?

Unemployment benefits are calculated by looking at the last two quarters of an employee’s base period and dividing it by 52. The resulting number is an employee’s weekly benefits amount. If the amount is less than $15.00, the person is not monetarily eligible for regular state unemployment benefits. As a result of EO 322, the minimum calculated weekly benefit amount will be $265 for new claims filed as of September 29, 2024.

Will the formula to calculate the weekly benefit amount change as a result of EO 322?

No. The calculation remains the same. Executive Order 322 does not modify the calculation of a weekly benefit amount for the purposes of determining a valid unemployment claim.

How will this increase be implemented?

The Executive Order directs DES to add $250.00 to any weekly benefit amount (WBA), up to the $600 weekly benefit maximum, for all eligible workers who file new claims as of September 29, 2024.

What if a person is ineligible for regular state unemployment?

If someone is ineligible for regular state unemployment benefits or cannot provide proof of employment but is eligible for Disaster Unemployment Assistance, then they may get the minimum DUA weekly benefit amount established by the U.S. Department of Labor (currently $152).

Will this increase apply both to regular state unemployment as well as to Disaster Unemployment Assistance?

The increase in the state’s weekly benefit amount will likely result in an increased benefit amount for people eligible for Disaster Unemployment Assistance – which is available up to an additional 14 weeks after exhausting regular state unemployment.

Will this increase apply to anyone who applies for unemployment?

Yes, for anyone who files a new claim on or after September 29, 2024. Executive Order 322 directs the increase of all weekly benefit amounts by up to $250 but does not modify the calculation of a weekly benefit amount for the purposes of determining a valid unemployment claim.

Who pays for Disaster Unemployment Assistance?

Disaster Unemployment Assistance benefits are provided fully by the federal government at no cost to the State of North Carolina.

When will people who filed claims see the increased benefits in their accounts?

The Division of Employment Security estimates that it may take between two and three weeks for impacted individuals to see the increase in their weekly benefits.

Will the benefits be retroactive for those who filed immediately after the devastation?

Yes. The benefits for eligible claimants will be retroactive for new claims effective September 29, 2024. Adjustment payments will be issued for benefit weeks going back to that date.

Are other requirements being waived?

Executive Order 322 allows the Division of Employment Security to waive the work search requirements including registering for work, being able and available to work, and actively looking for work. As such, DES will exercise its authority to waive work search requirements.

Why are North Carolina’s unemployment benefits $350?

The $350 cap was established in 2013 according to General Statute 96-14.2(a).

Employers' Frequently Asked Questions

Employers will not be charged on new claims filed on or after September 29, 2024, for state unemployment benefits paid as long as Executive Order 322 remains in place.

Below are answers to employers’ questions about charges.

Will employers see an increase in their taxes since they pay the taxes that fund the UI Trust Fund that is used to pay regular state unemployment benefits?

No. Executive Order 322 will not cause an increase in Employer tax rates.

Will employers be charged for state unemployment benefits paid?

Employers will not be charged on new claims filed on or after September 29, 2024, for state unemployment benefits paid as long as Executive Order 322 remains in place.

Will the state or taxpayer see any increase in their taxes?

The temporary increase in the weekly benefit amount to claimants can be paid in full by the North Carolina Unemployment Trust Fund with no additional cost to employers, the State of North Carolina or taxpayers. The Unemployment Trust Fund has a current balance of $4.8 billion.

Will this affect employers’ 2025 tax rate?

The 2025 tax rate, calculated as of August 1, 2024, is not impacted by EO 322.

EO 322 states that the weekly benefit amount will be increased by up to $250. Does this mean that all regular state unemployment WBAs for new claims filed on or after September 29, 2024, will be increased by $250? Does this include with the minimum WBA?

Weekly unemployment benefits will increase from a maximum of $350 a week to a maximum of $600 a week. Currently in North Carolina, the minimum weekly benefits amount is $15. The order will also increase benefits by $250 a week (up to the $600 cap) for all eligible workers who file new claims as of September 29, 2024.

How does this impact the other provisions with respect to earnings disregard, suitable work, payments in lieu of notice and refusal of suitable work?

The Earnings Allowance is a percentage of the WBA; therefore, an individual’s calculated Earnings Allowance will reflect the increased weekly benefit amount. Executive Order 322 does not affect suitable work, payments in lieu of notice, or refusal of suitable work criteria.

What if there are applications that established benefit years that were approved prior to the disaster declaration under the applicable statute and WBAs already determined? Will the total benefits payable be changed to reflect the increased WBA?

What is the impact on benefit appeals for weeks prior to the effective date of the EO?

The Division of Employment Security does not expect any impact. Appeals are scheduled as they are received.

How will the changes in the EO impact the allocation of charges to employer accounts?

Employers will not be charged on new claims filed on or after September 29, 2024, for state unemployment benefits paid as long as Executive Order 322 remains in place.

Under what circumstances will employers not be charged?

Employers will not be charged on new claims filed on or after September 29, 2024, for state unemployment benefits paid as long as Executive Order 322 remains in place.

Will there be relief from charges to contributing and reimbursing employer accounts?

Employers will not be charged on new claims filed on or after September 29, 2024, for state unemployment benefits paid as long as Executive Order 322 remains in place.

Should employers and their representatives be prepared to protest charges to accounts to obtain the relief that may be provided?

No. Employers will not be charged on new claims filed on or after September 29, 2024, for state unemployment benefits paid as long as Executive Order 322 remains in place. It is always encouraged for employers to review the charging statement for accuracy.

How will the able to work, available to work and actively seeking work requirements be changed due to the EO, and when do you expect that the temporary change would end?