Unemployment Benefits for Uber & Lyft Drivers in NY

In short: Yes, Uber and Lyft drivers in New York can apply for unemployment insurance (UI), and many may qualify. In 2018 New York's Unemployment Insurance Appeal Board found three Uber drivers and "all those similarly situated" to be employees for UI purposes, and the courts upheld the same kind of finding in Matter of Lowry (2020) and Matter of Hossain (2022). In April 2026 Uber itself told NYC drivers they "may be eligible" for UI through the NYS Department of Labor (DOL). No one can promise you benefits: the DOL decides each claim on its facts.

This guide explains what the decisions say, what they do not say, and how to file. It is not legal advice. If your claim is denied, free help is listed at the end.

Why app drivers can get UI at all

Unemployment insurance is mainly for employees. Uber and Lyft treat drivers as independent contractors. But New York decides employee status for UI under its own UI law, case by case. The question is how much control the company has over the work. In the Uber cases, the Board and the courts pointed to facts like these (Lowry decision):

• Uber "controls the drivers' access to their customers";
• it "calculates and collects the fares and sets the drivers' rate of compensation";
• it tracks drivers on the app and can adjust the fare for an inefficient route;
• it sets vehicle standards, limits driver conduct and can deactivate drivers with low ratings.

Because of findings like these, a driver who stops getting work can file a UI claim like any other worker.

The rulings, in order

What these decisions do and do not mean

• They are about UI only. Lowry asks whether there was an employment relationship "within the meaning of the unemployment insurance law." The decisions do not make you an employee for minimum wage, overtime or taxes. Your pay rules in NYC still come from TLC's minimum pay rules.
• Lowry was about Upstate drivers. The court wrote: "Uber also operates a separate New York City market. The decisions at issue herein, however, are limited to drivers in the Upstate New York market." That does not mean NYC drivers cannot qualify. It means Lowry itself did not decide their case.
• Hossain was about a NYC app. In 2022 the court said Groundanywhere's app was "essentially similar" to Uber's and upheld employee status for its drivers. Both Lowry and Hossain relied on a 2020 decision of New York's highest court about Postmates couriers (Matter of Vega).
• The 2020 dollar amounts are history. NYTWA's page from 2020 mentions weekly amounts during the pandemic. Those do not tell you what you would get today. The DOL calculates your benefit from your own earnings records.
• Taxi drivers are a different question. We found no official source on UI for yellow-cab lease drivers or medallion owner-drivers. Ask the DOL.

How to file a claim

These steps come from the DOL's claimant benefit process page.

The DOL says the first payment, if you are eligible, "will generally be made in two to three weeks" after your claim is completed and processed. While the claim is being reviewed, the status may show "pending."

Records to keep before you file

App work leaves a digital trail, and the DOL may ask for it. Before you file, and before you lose access to an app, save copies of:

• Pay statements and yearly tax forms from each app (weekly statements and your 1099 forms). They show when you worked and how much you earned.
• Your last day of work and why it ended: a screenshot of any deactivation or "account on hold" message, or a note of why you stopped (for example, too few trips to cover costs).
• Your TLC Driver License and FHV vehicle details, including your base, in case the DOL asks which company dispatched you.
• Every letter, questionnaire and determination the DOL sends, with the date you received it. Hearing deadlines run from the date of the determination.

If you drove for both Uber and Lyft, keep records from both. If you also had another job, list it too. The DOL looks at all your recent work, not only app driving. When an app account is closed you may lose access to old statements, so download them early. A simple folder or phone album just for these papers helps.

In 2018, NYTWA described the Appeal Board ruling as covering drivers who quit because they "can't make ends meet" or were "deactivated through no fault of their own." That is the union's summary, not a rule. Your own reason for leaving will be looked at by the DOL.

Free help with a claim or hearing

• DOL Claimant Advocate Office: (855) 528-5618, Monday to Friday, 9am to 4pm. Free, impartial and confidential. Services in about 200 languages. It can explain a determination or questionnaire and help you prepare for a hearing, but staff are not lawyers and cannot represent you (DOL page).
• Legal services: the DOL says you may get free representation from a pro bono lawyer or your local Legal Aid Society or legal services program.
• Driver organizations: NYTWA ran the Islam v. Cuomo case and publishes material on UI for app drivers (NYTWA).

Other protection you may have

UI replaces part of your income when work stops. It is not your only benefit as an app driver:

• Sick leave: 1 hour per 30 hours worked, up to 56 hours a year, from the Attorney General's settlements. See paid sick leave for Uber and Lyft drivers and the $328 million settlement.
• Injury on the job: the Black Car Fund provides workers' compensation to drivers of its member bases, which include high-volume app bases. See Black Car Fund benefits.
• Health insurance: the apps do not provide it; see does Uber give health insurance in NYC?.
• Deactivation: if the app removed you, see who can review it in does TLC handle Uber deactivations? and deactivated by Uber or Lyft.

If you are deciding whether to keep driving for an app or switch to a taxi, our yellow taxi vs Uber comparison and the Uber and Lyft driver hub can help.