Businesses Taxed For Somebody Else’s Layoffs?

Labor Force Participation Rates, March 2021. Source: VEC  Click for larger view. It represents the percentage of population of working age employed or seeking a job.

by Steve Haner

So many Virginia employers faltered or failed during 2020, the remaining companies may be charged a special tax of $95 on each of their own employees in 2022. It will cover the unemployment benefits paid to workers somebody else laid off, the highest so called “pool tax” ever imposed, more than double the amount collected following the previous recession in 2012.

The total unemployment insurance tax (average) may reach $360 per employee in 2022: A base tax of $249, the pool tax of $95 and a special “fund builder” tax of $16. That is more than 50% higher than the previous peak tax in 2012.

The figures emerged this morning as the Virginia Unemployment Commission staff briefed a legislative oversight panel on the financial health of the state’s beleaguered Unemployment Insurance program, swamped by a record number of claims in the COVID-19 recession and hampered by administrative failures in dealing with claims that needed extra attention.

For details, here is the UI Status Report presented today, following the usual format. VEC also provided more information on Virginia’s employment history over time, by region, industry, and locality. 

The General Assembly can soften the tax blow by taking some of the massive inflows of federal American Rescue Plan stimulus funds and directing them to refill the depleted UI Trust Fund. That will be considered at the coming special session of the General Assembly, and some level of UI tax relief is expected. Covering that pool tax amount should be first priority, since it is taxing employers for somebody else’s failure.

Under a court order now to clean up the embarrassing claims backlog, VEC Commissioner Ellen Marie Hess reported that the remaining 70,000 cases in limbo should be addressed by early September. Legislators on the panel continued to report constant complaints from constituents who have been frustrated by the communication delays and difficulty in reaching VEC.

On average, the backlog works out to 700 claims per House district and 1,750 per Senate district. Be sure that federal officeholders are getting the calls from angry constituents as well.

A long-delayed upgrade to the VEC’s computer system, public interaction portals and communications system is due October 1. One legislator in particular, Del. Sally Hudson, D-Charlottesville, was sharply skeptical that VEC is doing that correctly and following best industry practices, a view that was reinforced by data expert Waldo Jaquith speaking during a public comment section.

Hudson, who teaches economics at the University of Virginia, has emerged as the most focused and forceful legislator on UI issues in the past three decades. The once-sleepy meetings of this oversight panel (which I have followed since 2002) have become interesting indeed because of this crisis and her willingness to probe. She is pushing to greatly expand the tracking and reporting into the future.

That’s problem number one, and the most pressing. Problem number two is the coming wave of tax increases on Virginia’s 235,000 employers. The state UI tax is an annual amount per full time employee. During good times the tax is low, and the UI Trust Fund grows fat, but once the Trust Fund drains below a certain point the taxes begin to rise. Employers also pay a federal UI tax per worker.

The base state tax an employer pays is based on its own history of layoffs, and with no history of claims the tax can be as low as 0.10 percent of the first $8,000 in pay ($8). With a bunch of layoffs, the tax reaches 6.2% of the first $8,000 per employee ($496).

The pool tax is the same for all employers, per employee, and it covers the money that VEC does not collect because other employers closed, as many did in 2020. Employer A fails and everybody else has to contribute to the benefits for its laid-off workers. The record pool tax expected for 2022 is a sign of how destructive this recession was and how long the workers remained off the job.

One reason the 2022 taxes are projected to be so high is that Governor Ralph Northam prevented VEC from increasing the taxes in 2021, as would normally have happened. That just delayed the necessary efforts to rebuild the trust fund, which likely will extend well past 2022.

The headline in the employment history report, which didn’t even get mentioned during the meeting, is how flat employment growth has been in Virginia during the 2010-2020 period. Partly that reflects the destruction of jobs during the pandemic, still well below pre-pandemic levels in many sectors. But growth was weak even before that sharp and deep recession, and wildly uneven across the state.

Total non-farm employment grew under 6% from 2010 to 2020, mostly in the Northern Virginia and Richmond regions. Winchester also grew a bit above the state average, but several regions lagged the anemic statewide figure. Look at what sectors grew over the decade (education and health and business services) and which diminished (construction and manufacturing and utility work) and you see the trends remaking Virginia.


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Comments

23 responses to “Businesses Taxed For Somebody Else’s Layoffs?”

  1. LarrytheG Avatar
    LarrytheG

    I’m pretty ignorant about the “pool” idea, another one of those “deep state” deals, I’m sure.

    but Waldo Jaquith is a real expert in government IT – here are two of his creations:

    https://www.richmondsunlight.com/

    https://vacode.org/

    If he’s not happy with the direction they are taking, I’m concerned also.

    1. Stephen Haner Avatar
      Stephen Haner

      That’s why I mentioned him by name….

  2. DJRippert Avatar
    DJRippert

    “A long-delayed upgrade to the VEC’s computer system, public interaction portals and communications system is due October 1. One legislator in particular, Del. Sally Hudson, D-Charlottesville, was sharply skeptical that VEC is doing that correctly and following best industry practices, a view that was reinforced by data expert Waldo Jaquith speaking during a public comment section.”

    Remember that Ralph Northam eliminated the Secretary of Technology as a cabinet level position as you consider this Fall’s governor’s race. While the position of Secretary of Technology may have been poorly designed, the need for cabinet-level guidance over technology is a necessity.

    1. LarrytheG Avatar
      LarrytheG

      And I actually agree. part of the problem is “silo” which is the tendency in Govt and private for agencies within to assert they do unique work and therefore should decide how to implement IT themselves. And what happens is bad processes get automated into automated bad processes – as Waldo Jaquith was likely alluding to.

      He took on improving the LIS system as well as the Va Code. I have no doubt he could help VEC but most agencies are stubbornly resistant to such change and loath to let someone else re-design.

      Not just govt, look at Colonial and JBS – neither have a state of the art backup system which would have saved them much of the grief from being victimized. It’s a field for professionals…

      1. Brian Leeper Avatar
        Brian Leeper

        “So you’re a network engineer for the government. Exactly what skills and qualifications do you have to be a network engineer?”

        “I know how to use traceroute and ping”.

      2. Brian Leeper Avatar
        Brian Leeper

        “So you’re a network engineer for the government. Exactly what skills and qualifications do you have to be a network engineer?”

        “I know how to use traceroute and ping”.

          1. Brian Leeper Avatar
            Brian Leeper

            Some years ago I bought some used Cisco equipment and learned how to configure it. It was mostly 2500 and 3500 series equipment..it WAS a long time ago.

          2. LarrytheG Avatar
            LarrytheG

            It’s been awhile for me also but I well remember the issues and I had managed to convince management of several things including full daily updates to an offline resource and the installation of software called Tripwire that essentially monitoring system files and when they got changed. Every single change required in-house documentation as to why and how. Any found without supporting documentation were quickly found and if in-house the offending identified and dealt with.

            We had way too many folks who considered themselves gurus, way too willing to change system parameters willy nilly without notice or procedure.

            but full backups and a mirroring system checked daily for corruption will allow you to recover most or much of an encrypted system.

            And we know it works. Think of what would happen, for instance, if the Social Security system was successfully encrypted and ransomed… or worse or many other critical government infrastructure.

            Any IT system of consequence needs to be professionally maintained according to current state of the art standards. There are no shortcuts if you are serious.

            When someone starts talking “cost effective” – all you need to ask is what happens if their entire system is taken offline by ransomware or similar.

          3. Brian Leeper Avatar
            Brian Leeper

            I dealt with a ransomware problem about 7 years ago. It was no big deal. I restored the data from the backup tapes.

      3. Stephen Haner Avatar
        Stephen Haner

        I didn’t get into the weeds, but Hess in her slides claimed the refit was “designed to 18F standards” and that is what Jaquith dismantled, since he has worked with that entity. The 18F folks did NOT do this upgrade, and have complained to Hudson they are not being consulted.

        https://18f.gsa.gov/

  3. WayneS Avatar

    “Under a court order now to clean up the embarrassing claims backlog, VEC Commissioner Ellen Marie Hess reported that the remaining 70,000 cases in limbo should be addressed by early September.”

    A current backlog of 70,000?

    Maybe the VEC needs to hire some of the unemployed to help them process unemployment claims…

    1. Nancy Naive Avatar
      Nancy Naive

      Minimum wage? Not worth it. Better to sit at home and wait for the money supplementing with shine and illegally harvested ginseng.

      1. Brian Leeper Avatar
        Brian Leeper

        “Crazy checks” from the government are $800 a month, give or take a bit, even if you have zero work credits.

        1. LarrytheG Avatar
          LarrytheG

          No, “crazy” is sending multiple $1200 to retired who have 2nd homes and substantial 401K and such.

          Talk about paying for no work….

          1. Brian Leeper Avatar
            Brian Leeper

            They’ll argue that they paid into the SS system and they’re entitled to that money.

            An argument that many of the folks who get “crazy checks” cannot make because many of them have never worked a day in their life.

    2. Nancy Naive Avatar
      Nancy Naive

      Minimum wage? Not worth it. Better to sit at home and wait for the money supplementing with shine and illegally harvested ginseng.

  4. Nancy Naive Avatar
    Nancy Naive

    And still, they vote Republican.

    1. Stephen Haner Avatar
      Stephen Haner

      Another little aspect I missed in the text: The VEC call center is in SW Virginia, and currently has 21 staff out for COVID. That’s the part of the state, of course, with the lowest vaccination rates and no interest in improving that…..Okay, so that means a big outbreak is still possible! And they wonder why companies don’t rush to locate there….?!

      1. Nancy Naive Avatar
        Nancy Naive

        Go ask Alice
        I think, she’ll know
        When logic and proportion have fallen sloppy dead
        And the white knight is talking backwards
        And the red queen’s off with her head
        Remember what the dormouse said
        Feed your head
        Feed your head

  5. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    A good informative article about a little understood subject. Thanks.

    The Governor allocated $210 million in COVID funding in the budget for the second year of the biennium. I assume the tentative rates take that allocation into account. I think I remember reading that there was a general consensus that a big chunk of the new money would be used to shore up the VEC trust account, as well.

    1. Stephen Haner Avatar
      Stephen Haner

      Yes, the tentative rates include the earlier infusion, and as I said are inflated by the decision not to start raising taxes in 2021.

      As to how much more might be injected, RTD this morning reports that Layne wants to make it a big number, but he is out the door in three weeks. The GA might put in $1 billion, but that has a high political opportunity cost.

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