Audit of the Executive Office of Labor and Workforce Development - Department of Unemployment Assistance (December 12, 2024)
December 12, 2024 · Executive Office of Labor and Workforce Development—Department of Unemployment Assistance · Read the full official report on mass.gov ↗
source
“DUA incorrectly paid PUA benefits on behalf of individuals while they were incarcerated.”
Read the plain-English breakdown
This is a Massachusetts State Auditor performance audit of the Executive Office of Labor and Workforce Development and its Department of Unemployment Assistance during the early pandemic period.
“In accordance with Section 12 of Chapter 11 of the Massachusetts General Laws, the Office of the State Auditor has conducted a performance audit of the Executive Office of Labor and Workforce Development (EOLWD) for the period of March 12, 2020, through December 31, 2021.”
Auditors wanted to know whether the unemployment agency had controls to catch possible fraud in expanded COVID-era unemployment programs.
“The purpose of the audit was to determine what type of system controls the Department of Unemployment Assistance (DUA) had in place to identify potential fraud within expanded programs related to the COVID-19 pandemic.”
If the agency does not check eligibility well, public money can be paid out incorrectly and the unemployment fund can be drained faster.
“If DUA does not perform its due diligence to ensure that all benefit recipients are eligible, DUA may not be managing taxpayer funds effectively, which may result in less money being available for other services and programs and the premature exhaustion of money from the Unemployment Insurance Trust Fund (UITF).”
Ordinary residents and businesses could be affected because unemployment fund problems may eventually have to be repaid with public or employer money.
“These overpayments may need to be repaid by businesses, taxpayers, and state government.”
The audit found four main issues: improper payments involving incarcerated people and state employees, missed reporting to federal investigators, and late or missing unemployment trust fund reports.
“DUA did not report overpayments made to incarcerated individuals to DOL OIG for further investigation.”
The auditors recommended better matching systems, better investigation and reporting of large overpayments, and timely reports to the Legislature.
“DUA should review the design of its incarceration crossmatch process to detect all instances of incarcerated individuals applying for unemployment insurance (UI) benefits (or their identifications being used by others to do so) to ensure that those ineligible individuals do not receive UI benefits from the Commonwealth.”
The stakes were large because Massachusetts handled billions of dollars in pandemic unemployment funds.
“As of January 2022, Massachusetts had received over $26.5 billion in pandemic-related unemployment funds to administer from the Families First Coronavirus Response Act and the Coronavirus, Aid, Relief, and Economic Security (CARES) Act.”
PUA means Pandemic Unemployment Assistance, a temporary COVID-era benefit for people who normally might not qualify for regular unemployment insurance, such as some self-employed or part-time workers.
“The PUA program was available to individuals whose incomes were affected by the COVID-19 pandemic and who were self-employed, seeking part-time employment, or otherwise would not qualify for UI benefits or qualify for extended benefits under state or federal law.”
2 figure(s) pending source verification - not shown
What the Auditor checked
- Did not comply Did the Department of Unemployment Assistance (DUA) ensure that incarcerated individuals did not receive Pandemic Unemployment Assistance (PUA) benefits in accordance with the US Department of Labor’s (DOL’s) Employment and Training Administration’s (ETA’s) Unemployment Insurance Program Letter No. 23–20, dated May 11, 2020?
- Did not comply Did DUA ensure that Commonwealth of Massachusetts employees did not receive PUA benefits in accordance with DOL’s ETA’s Unemployment Insurance Program Letter No. 23–20, dated May 11, 2020?
- Did not comply Did DUA investigate and report all overpayments over $10,000 to the DOL Office of the Inspector General (OIG) in accordance with DOL’s ETA’s Unemployment Insurance Program Letter No. 04–17 (Change 1)?
- Did not comply Did DUA submit annual, quarterly, and monthly Unemployment Insurance Trust Fund (UITF) reports to the Legislature in accordance with Section 14F of Chapter 151A of the General Laws?
What the Auditor found
Why it matters: Taxpayer funds may be mismanaged, reducing money available for other services and programs and prematurely exhausting the Unemployment Insurance Trust Fund.
Standard: US Department of Labor Employment and Training Administration Unemployment Insurance Program Letter No. 23–20; Sections 6, 24, and 25 of Chapter 151A of the Massachusetts General Laws ( US Department of Labor Employment and Training Administration Unemployment Insurance Program Letter No. 23–20; Section 6 of Chapter 151A of the Massachusetts General Laws; Section 24 of Chapter 151A of the General Laws; Section 25 of Chapter 151A of the General Laws )
1 recommendation
- DUA should review the design of its incarceration crossmatch process to detect all instances of incarcerated individuals applying for unemployment insurance benefits or having their identifications used by others to do so.
Agency response & Auditor reply
Agency: "Development of an incarcerated prisoner crossmatch process began in December of 2020 and went into production on 02/02/2021."
Auditor: "While we applaud the efforts detailed in its response to set up this automated crossmatch, it did take DUA almost a year into the pandemic to develop and implement it."
Why it matters: Taxpayer funds may be mismanaged, reducing money available for other services and programs and prematurely exhausting the Unemployment Insurance Trust Fund.
Standard: US Department of Labor Employment and Training Administration Unemployment Insurance Program Letter No. 23–20 and Section 25 of Chapter 151A of the Massachusetts General Laws ( US Department of Labor Employment and Training Administration Unemployment Insurance Program Letter No. 23–20; Section 25 of Chapter 151A of the General Laws; US Department of Labor Employment and Training Administration Unemployment Insurance Program Letter No. 16–20 )
2 recommendations
- DUA should implement an effective crossmatch process to detect all instances of Commonwealth employees applying for unemployment insurance benefits.
- DUA should coordinate with the Office of the Comptroller of the Commonwealth to gain access to an up-to-date list of Commonwealth employees.
Agency response & Auditor reply
Agency: "Any instance of a crossmatch with then-current Commonwealth of Massachusetts employees was flagged and benefits were not issued."
Auditor: "While DUA did get the state employee crossmatch implemented two months into the PUA program, improper payments were already paid on behalf of current state employees, as noted in the above finding."
Why it matters: DOL OIG could not investigate the causes of the overpayments or potentially prosecute offenders.
Standard: US Department of Labor Employment and Training Administration Unemployment Insurance Program Letter No. 04–17 (Change 1) ( US Department of Labor Employment and Training Administration Unemployment Insurance Program Letter No. 04–17 (Change 1) )
2 recommendations
- DUA should develop and implement effective policies and procedures to ensure that it investigates overpayments over the $10,000 threshold to determine whether any of these claims are fraudulent.
- DUA should ensure that it reports overpayments to DOL OIG where it determines fault that meets required reporting thresholds.
Agency response & Auditor reply
Agency: "DUA provides the US Department of Labor Office of the Inspector General (OIG) a list of every claim filed with associated social security numbers, quarterly."
Auditor: "DUA officials did not make us aware of, or provide us with, the quarterly reports filed with DOL OIG in connection with the PUA program."
Why it matters: Missing or late reports delayed legislative oversight, accountability, and decisions related to the Unemployment Insurance Trust Fund.
Standard: Section 14F of Chapter 151A of the Massachusetts General Laws ( Section 14F of Chapter 151A of the General Laws )
2 recommendations
- EOLWD should determine the causes of and address the inconsistencies in its accounting system.
- EOLWD should submit UITF reports to the Legislature by required due dates.
Agency response & Auditor reply
Agency: "To ensure accurate reporting for these months, the Department of Economic Research (DER) and EOLWD determined that it would be most prudent to temporarily suspend/pause reporting while reconciliation efforts remained ongoing."
Auditor: "EOLWD identified inconsistencies in the UITF that were significant enough to require it to suspend reporting to the Legislature for a five-month period."
Verified dollar findings
Money paid out that the audit found should not have been - overpayments, unallowable and nonreimbursable charges, improper claims.
Contract sizes, limits, thresholds, and fund balances - scale figures, never counted as money found.