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Division of Employment Security
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2008 Legislative Changes

Section 288.131 and Section 288.312 - Effective August 28, 2008. The purpose of these new sections of the law was the establishment of the "Unemployment Automation Fund". This fund is to be used solely for the purpose updating the division's automated systems to improve the administration of the state's unemployment insurance program.

The fund will be financed by an automation surcharge paid by established employers. The automation surcharge rate will be five one-hundredths of one percent or less. Any employer who is subject to this automation surcharge will have their normal unemployment insurance tax rate REDUCED by five one-hundredths of a percent. This reduction will be shown on the employer's unemployment insurance tax rate statement that is mailed to the employer in November. The automation surcharge will be based on the employer's total taxable wages for a twelve month period ending on June 30th of the previous year. Employers with a zero contribution rate are exempt from the automation surcharge. Each employer will be notified of the amount of their automation surcharge on the first quarter contribution report. The automation surcharge is in effect for calendar years 2009, 2010 and 2011. Contributions to the automation surcharge will not be used for future rate calculations nor will they be reportable to the Internal Revenue Service on Form 940 as contributions paid.

Section 288.040.1(5) - Effective October 1, 2008. This section defines the period of time a claimant has to file a weekly claim for benefits. A claim for benefits must be made within fourteen days from the last day of the week being claimed. The fourteen day period may, for good cause, be extended to twenty-eight days.

Section 288.070.1 - Effective October 1, 2008. The Notice to Base Period Employer of Claim Filed for Unemployment Benefits will no longer be mailed to any contributing base period employer which paid gross wages in the amount of four hundred dollars or less during the base period of a claim.

Section 288.070.2 and 288.070.3 - Effective October 1, 2008. Defines the protest period as ten days to a claimant's refusal to a suitable offer of work. Also eliminates the protest period for protests to a claimant's being able or available for work.