Striking Workers Could Get Unemployment Benefits After 14 Days Under New Act

The “Empowering Striking Workers Act of 2025” is straightforward: it changes the rules for unemployment insurance (UI) so that workers who are off the job due to a strike or a lockout can start collecting benefits. Currently, many states block UI benefits if you’re unemployed because of a labor dispute. This bill flips that script, offering a financial safety net to workers during what is often the most financially stressful time of a labor action.

The New Clock: When Benefits Kick In

Under Section 2 of the bill, if you are unable to work because of a strike or a lockout—even if you are just "indirectly affected" by the dispute—you become eligible for unemployment compensation. However, you won’t get a check right away. The bill establishes a waiting period, allowing benefits to start at the earliest of four specific triggers. The main trigger is that 14 days have passed since the strike started. Think of it as a two-week grace period before the UI system steps in.

But the clock can stop sooner. If your employer initiates a lockout, if they hire permanent replacement workers, or if the strike or lockout ends and you remain unemployed, you can start receiving benefits immediately, even if the 14 days haven’t passed yet. For a warehouse worker whose union goes on strike, this means they have a financial cushion after two weeks, making it less likely they’ll be forced back to work solely because they ran out of rent money.

Leveling the Playing Field for Eligibility

The bill also addresses a key eligibility hurdle: the requirement that claimants must be “available for work” to receive UI benefits. States often use participation in a labor dispute to argue that workers are not truly available for other work, thus disqualifying them. This act specifically mandates that states must treat striking or locked-out claimants just like any other claimant when determining if they meet the general “available for work” requirement.

What this means in practice is that simply being involved in a strike or lockout is no longer an automatic disqualifier. If you’re a software engineer on strike, the state can’t just say, “You’re striking, so no benefits.” They have to assess your availability for work based on the same standards they apply to someone laid off in a company downsizing. This is a massive change, offering striking workers significantly more leverage by reducing the immediate financial pressure to settle.

The Real-World Trade-Offs

While this is a clear win for workers and organized labor, it’s worth looking at the potential strain. Expanding UI eligibility to include striking workers means that state unemployment insurance trust funds—which are funded by employer taxes—will likely face increased payouts during major labor disputes. For employers facing a strike, this change removes one of their most powerful tools: the financial distress of their workers. By providing benefits, the bill allows workers to hold out longer, potentially increasing the duration and cost of labor disputes for companies.

However, for the average person juggling bills, this bill offers a crucial layer of stability. If a major union strike hits your industry, you won't have to choose between standing with your colleagues and keeping the lights on after the first two weeks. It’s a policy designed to put more power in the hands of the employee during crucial negotiations.