To mitigate the economic effects of the COVID-19 pandemic, Congress enacted the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, in part, to provide economic stabilization to individuals who were unemployed or underemployed. One of the CARES Act’s provisions, Federal Pandemic Unemployment Compensation (“FPUC”), provided additional emergency unemployment benefits to individuals who met eligibility requirements to receive 3 unemployment benefits under a variety of programs. On March 28, 2020, Ohio elected to enter into an agreement with the U.S. Secretary of Labor to provide FPUC benefits to its citizens.

The CARES Act also contained a provision to allow a state to temporarily waive weekly federal-required work search requirements from mid-March 2020 through December 1, 2020. Weekly work search requirements must be met for an individual to maintain eligibility for unemployment benefits. Ohio chose to waive the federal work search requirements during this period. However, starting the week of December 6, 2020, Ohio resumed the work search requirements for any new unemployment claims and reinstituted the work search requirements for all other individuals filing claims for unemployment benefits the week of May 23, 2021.1

In addition to retaining eligibility for unemployment benefits, an individual is required to return to work or accept an offer of suitable employment, unless there is good cause for the refusal. This requirement was not impacted by any provision under the CARES Act. At all times, individuals filing claims for unemployment benefits had to meet this requirement.

When Governor DeWine backed out of Ohio’s FPUC agreement effective June 26, 2021, thousands of Ohioans who had been receiving these benefits experienced economic harm— particularly those living in areas with high unemployment rates and low rates of job growth. While Ohio businesses have experienced difficulties in filling vacancies, there were a wide variety of reasons for this. Lack of childcare options, continued health concerns related to COVID-19, and individuals retiring earlier than planned all slowed improvement in Ohio’s work force participation rate.

Governor DeWine’s decision to terminate FPUC benefits early by executive fiat was in violation of R.C. 4141.43(I) and Ohio’s Constitution. It also caused harm to those Ohioans who had been unable to find suitable employment and needed those benefits to pay for basic living expenses. The court of appeals was correct in holding that R.C. 4141.43(I) required the Governor to secure these benefits for the citizens of Ohio. See State ex rel. Bowling v. DeWine, 2021-Ohio2902.