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Effective audit measure for state unemployment employer audits

Summary ETA introduced a state unemployment insurance employer audit measure covering audit coverage, wage changes, total wages audited and worker misclassifications found per audit. It explained state performance standards and responses to comments, with details in two attachments. ETA lists the letter as Active.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
UIPL No. 03-11
Date issued
December 30, 2010
Status
Active
ETA lists this letter Active as of 2026-10-24, and the PDF prints “Continuing” in its expiration field.
Status last verified October 24, 2026

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About this page: The full text below is the official document from U.S. Department of Labor, Employment and Training Administration (ETA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.
2010/UIPL03-11ACC.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2010/UIPL03-11ACC.pdf)

                                                            CLASSIFICATION
      EMPLOYMENT AND TRAINING ADMINISTRATION                UI – Audit Measurement
                  ADVISORY SYSTEM                           CORRESPONDENCE SYMBOL
             U.S. DEPARTMENT OF LABOR
                                                            OUI/DUIO
                Washington, D.C. 20210                      DATE
                                                            December 30, 2010


ADVISORY:         UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 03-11

TO:               STATE WORKFORCE AGENCIES

FROM:             JANE OATES /s/
                  Assistant Secretary

SUBJECT:          Implementation of the Effective Audit Measure

1. Purpose. To advise states of a new Core Measure in the Unemployment Insurance (UI)
Performs performance management system to evaluate state UI employer audit programs and
include elements of worker misclassification detection and enforcement.

2. References.

       Employment and Training (ET) Handbook No. 401, 4th Edition, Unemployment
        Insurance Reports Handbook and Subsequent Changes
       ET Handbook No. 407, 4th Edition, Tax Performance System
       ET Handbook No. 336, 18th Edition, UI State Quality Service Plan (SQSP) Planning and
        Reporting Guidelines
       Unemployment Insurance Program Letter (UIPL) No. 14-05, Changes to UI Performs
       UIPL No. 23-10, Additional Planning Guidance for the Fiscal Year (FY) 2011
        Unemployment Insurance (UI) State Quality Service Plan (SQSP)
       UIPL No. 30-10, Proposed Effective Audit Measure for State Unemployment Insurance
        (UI) Employer Audit Programs

3. Background. The UI employer audit program has historically been measured by the number
of audits completed annually. This measure served the program well in the past; however, there
have been increasing numbers of employers that have been found to circumvent employment
taxes by misclassifying workers. The current audit measure does not indicate whether states are
effectively detecting employers that misclassify their employees. The U.S. Department of
Labor’s (USDOL) Employment and Training Administration (ETA) formed a team of Federal
and state UI tax experts to determine whether a more effective audit measure could be developed
that would capture state efforts to detect worker misclassification. UIPL No. 30-10, which was
issued on September 2, 2010, informed states that the federal-state team recommended certain
changes regarding how the UI employer audit program is evaluated. States were asked to
provide comments on the proposed measure. The comment period expired on September 30,
2010, and twenty-seven states and the Strategic Services on Unemployment and Workers’
Compensation (UWC) provided comments (see highlights below).


 RESCISSIONS                                            EXPIRATION DATE
 None                                                   Continuing

4. Highlights of Comments. Most comments were generally favorable to the proposed new
measure. The areas that generated the most comments are discussed briefly below along with
USDOL’s responses. See Attachment A for specific comments and USDOL’s responses. All
comments were considered in making the final changes to UI Performs.

      General Comments – Of the twenty-seven states that provided comments on the proposed
       audit measure, fifteen states strongly supported the measure, ten states supported the
       measure with accompanying questions, and two states opposed the proposed measure.

      Factor Performance Levels – Six states commented on the performance levels for the
       individual factors and the overall summary score. Two states commented that the
       minimum performance levels were too low and four states commented that they were too
       high.

       USDOL response – The Acceptable Levels of Performance (ALP) for each of the factors
       were established after examining six years of historical state data and consultation with
       the federal-state team. The ALP for each factor was set well below both the average and
       mean national scores. USDOL agrees that not every state will want to emphasize the
       same areas of audit performance; therefore, two points for self-directed emphasis are
       included in the Effective Audit Measure to allow states the flexibility to emphasize the
       factor, or factors, that matter most in their state.

      Effective Dates – Several states commented on the implementation dates of the Effective
       Audit Measure. They suggested that USDOL delay the implementation date for the new
       measure and/or consider a re-evaluation of the new measure after a certain period of time.

       USDOL response – Some states will need time to enact changes to their audit program to
       accomplish the minimum performance levels required under the Effective Audit Measure.
       States that fail the new measure will not be required to write a Corrective Action Plan
       (CAP) until the FY 2015 SQSP. The FY 2015 SQSP will use calendar year 2013
       Effective Audit Measure results. Additionally, UIPL No. 30-10 states that the effective
       Audit Measure will be re-evaluated three years after implementation to determine whether
       the new measure was effective in promoting the detection of worker misclassification.

      Audit Definitions – Several states commented on the definitions of what constitutes a
       reportable audit on the ETA 581 Contributions Operations report. Some states asked that
       the definition of a valid audit be broadened under the Tax Performance System (TPS),
       while other states recommended that the TPS definitions and standards for a valid audit
       remain unchanged.

       USDOL response – The definition of a valid audit will remain unchanged but will be
       evaluated as part of the overall assessment of the new Effective Audit Measure.





    5. Revised UI Performs Measures and Criteria. The Effective Audit Measure will be a UI
   Performs Core Measure. The new measure will be comprised of four factors: 1) Percent of
   Contributory Employers Audited Annually, 2) Percent of Total Wage Change From Audit, 3)
   Percent of Total Wages Audited, and 4) Average Number of Misclassifications Detected Per
   Audit. Each of the four factors has a minimum standard score that states must attain to pass the
   Effective Audit Measure as well as an overall combined score that must be met. The measure
   also requires states to direct additional emphasis to the factor(s) that they deem important to their
   state. An additional two points must be earned among any of the four factors to attain the overall
   passing score of at least 7.0. The factor scores are measured to the tenth percentage place or
   decimal place, as appropriate. See attachment B for additional information.

   Table A provides the framework for the Effective Audit Measure. States must attain at least the
   minimum score for all four factors (column A), and two or more points above the combined
   minimum score of 5.0 (column B) to pass the measure (column C).

                                             Table A
                            Effective Audit Measure Summary Score

                        Effective Audit Measurement                          A    + B             = C
                                                                          Minimum  State           Total
Factor                            Description                              Score  Directe          Score
                                                                                     d
  1      Percent of contributory employers audited                          1.0      X              1+X
  2      Percent of wages changed as a result of the audit                  2.0      X              2+X
  3      Percent of the state’s total wages that were audited               1.0      X              1+X
  4      Average number misclassified workers discovered per audit          1.0      X              1+X
                                       Total                                5.0     2.0              7 .0

   Table B provides four examples of state performance for the Effective Audit Measure. The first
   example demonstrates that the state’s combined score for all four factors must be equal to or
   greater than 7.0. The second example shows that the state must attain at least the minimum
   passing value for all four factors, even when the total combined score exceeds 7.0. The third and
   fourth examples demonstrate states that passed the measure, showing different degrees of
   emphasis for the various factors.





                                                 Table B
                                Four Examples – Effective Audit Measure Results

               Factors #s                               Achieved
            (Minimum Scores)                Total       Minimum
Example                                                             Pass/Fail               Reason
                                          (Min = 7.0)   for all 4
            1       2       3       4
          (1.0)   (2.0)   (1.0)   (1.0)
                                                        Factors?
State 1                                                                           State failed to attain a
          1.0     2.2     1.1      1.4       5.7              Y         Fail
Scores                                                                            minimum total score of 7.0
State 2                                                                           State failed to pass all four
          2.0     2.1     0.9      8.6       13.6             N         Fail
Scores                                                                            factor minimum scores
                                                                                  State passed each factor
State 3                                                                           minimum score and
          1.3     2.0     1.4      2.3       7.0              Y         Pass
Scores                                                                            attained the minimum
                                                                                  overall score of 7.0
                                                                                  State passed each factor
State 4                                                                           minimum score and
          2.0     3.3     1.0      3.0       9.3              Y         Pass
Scores                                                                            exceeded the minimum
                                                                                  overall score of 7.0

    6. Administering the Effective Audit Measure in UI Performs. The SQSP, which each state
   negotiates annually with USDOL, will continue to be central to the administration of UI
   Performs and includes CAPs (see item Number 8 below).

         States will be expected to submit CAPs as a part of the SQSP when their annual
          performance on the Effective Audit Measure does not meet the ALP. States will be asked
          to provide quarterly updates for each CAP. USDOL will strive to attain uniform
          administration of CAP requirements among the states and regions.

    7. Publishing Data. The results of the Effective Audit Measure will be published each year with
   state-specific data.

    8. Effective Dates for Implementing Changes. USDOL will implement the Effective Audit
   Measure with the FY 2015 SQSP, which states will prepare using data from the calendar year
   ending December 31, 2013.

                                              Table C
                          Implementation Schedule for the Effective Audit Measure

      Calendar Year         Measure Calculated          SQSP Prepared          SQSP Program         SQSP
          Data                                                                   Year (PY)          Action
          2010                    Spring 2011           Summer 2011              PY 2012            None
          2011                    Spring 2012           Summer 2012              PY 2013            None
          2012                    Spring 2013           Summer 2013              PY 2014            None
          2013                    Spring 2014           Summer 2014              PY 2015             CAP



9. Action Requested. State Administrators are requested to distribute this document to
appropriate staff.

10. Inquiries. Direct any inquiries to the appropriate Regional Office.

11. Attachments.

     Attachment A: Comments on UIPL 30-10: Proposed Effective Audit Measure for State
      Unemployment Insurance (UI) Employer Audit Programs

     Attachment B: New Core Measure - Effective Audit Measure

2010/UIPL03-11A1.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2010/UIPL03-11A1.pdf)

                                            Attachment A – Comments on UIPL 30-10

     Issue                          Comment                                                  USDOL Response
                    A total of 27 states provided comments
                    regarding the proposed audit measure: 15
 New Proposed
                    states strongly supported the measure; 10        Answers to the respondent questions are provided below.
   Measure
                    states offered support with questions; and 2
                    states opposed the proposed measure.
                                                                     The Effective Audit Measure was structured to accommodate states
    Factor 1                                                         that want to retain the existing audit measure. The overall score of
                    Too Low – Three states commented that the
                                                                     7.0 includes two points for states to emphasize the factor(s)
                    factor’s minimum was too low. Two states
% of Contributory                                                    important to their state. Consequently, if these three states direct
                    wanted to retain the existing 2.0% measure;
   Employers                                                         additional effort to the number of audits performed, the audit
                    one state wanted to lower the rate to 1.5%.
Audited Annually                                                     percentage above 1.0% would earn credit toward the two points
                                                                     needed for state-directed emphasis.
    Factor 1
                                                                     Under the new Effective Audit Measure, the number of audits was
                    Too High – One state commented that the          reduced by 50%. A further reduction to this factor would adversely
% of Contributory
                    factor’s minimum was still too high.             impact the state’s ability to detect and deter employer reporting and
   Employers
                                                                     classification errors.
Audited Annually
    Factor 2
                                                                     Under the new Effective Audit Measure, the % of Total Wages
% of Total Wages    Too High - One state commented that the          Changed as a Result of Audit was established at 2.0%. A further
  Changed as a      factor’s minimum was too high.                   reduction to this factor would adversely impact the state’s ability to
 Result of Audit                                                     detect and deter employer reporting and classification errors.

    Factor 3                                                         Under the new Effective Audit Measure, the % of Total Wages
                    Too High - One state commented that the          Audited was established at 1.0%. A further reduction to this factor
% of Total Wages    factor’s minimum was too high.                   would adversely impact the state’s ability to detect and deter
    Audited                                                          employer reporting and classification errors.
                                                                     The Effective Audit Measure was structured to accommodate states
                                                                     that want to retain the existing audit measure. The overall score of
    Factor 3
                                                                     7.0 includes two points for states to emphasize the factor(s)
                    Too Low - One state commented that the
                                                                     important to their state. Consequently, if this state directed
% of Total Wages    factor’s minimum was too low.
                                                                     additional effort to the larger employer audits, the total wages
    Audited
                                                                     audited percentage above 1.0% would earn credit toward the two
                                                                     points needed for state-directed emphasis.
                                                                   -1-

                                             Attachment A – Comments on UIPL 30-10

     Issue                           Comment                                               USDOL Response
                                                                    Under the new Effective Audit Measure, the Average Number of
                                                                    Misclassifications per Audit was established at 1.0. While it is true
    Factor 4
                                                                    that only 23 states met the factor’s minimum score in 2009, this
                                                                    occurred when the factor was not a formal measure and states were
Average Number       Too High - Three states commented that the
                                                                    not emphasizing their misclassification efforts. States that have
       of            factor’s minimum was too high.
                                                                    implemented a targeted audit selection process have demonstrated
Misclassifications
                                                                    that misclassification detection numbers increased significantly,
   per Audit
                                                                    and USDOL believes that this will occur in states that implement a
                                                                    targeted audit selection process.
                                                                    The Effective Audit Measure uses minimally acceptable levels for
                     Too High – One state commented that the
Summary Score                                                       each of the four factors, along with two additional points that
                     summary score was too high.
                                                                    states earn in any of the four factors.
                                                                    UIPL 30-10 included the following text regarding
                                                                    misclassification: “Employees discovered through audits that were
                     Five states had questions regarding
                                                                    previously misclassified by the employer. This would include
  Misclassified      Misclassified workers. Does the new
                                                                    counting all employees that were discovered through audit;
   Workers           measure only include independent
                                                                    including those reported by the employer on Internal Revenue
                     contractors?
                                                                    Service form 1099, as well as workers that were unreported (off
                                                                    the books).”
                                                                    Generally, these workers are paid in cash by employers who
  Misclassified      Two states requested a definition of the
                                                                    would not record their payment for wages or services in
   Workers           term “off-the-books”.
                                                                    accounting books and would not report their wages for UI.
                     One state asked whether they should revise
  Misclassified                                                     No, the new definition for item 52 on the ETA 581 report will
                     their ETA 581 reports retroactively for item
   Workers                                                          occur for the report period ending March 31, 2011.
                     52 to reflect the new definition.
 Frequency of        One state asked whether the factors and the    The Effective Audit Measure will be published quarterly to
   Measure           overall measure would be quarterly or          provide current indicators for state and federal staff. Similar to the
                     annual measures.                               existing measures in UI Performs, however, state performance will
                                                                    be determined annually, on a calendar year basis.




                                                                -2-

                                            Attachment A – Comments on UIPL 30-10

     Issue                          Comment                                                  USDOL Response
                                                                    UIPL 30-10 included the following text regarding implementation:
                                                                    “The proposed Effective Audit Measure will become part of the UI
                                                                    Performs Core Measures for the 2013 calendar year evaluation period,
                    Four states commented on the effective date
                                                                    which would require a state that fails the measure to write a CAP for
                    of the new measure. One state asked to
                                                                    the SQSP submitted during the summer of 2014.” Additionally, UIPL
Effective Date of   have the measure sunset after two or three
                                                                    30-10 stated that “USDOL will evaluate the employer audit summary
    Measure         years, one asked to have the measure sunset
                                                                    data on the ETA 581 Contributions Operations report three years after
                    after 2012, and one state asked to delay the
                                                                    the initial implementation date to determine whether the proposed
                    measure until 2015.
                                                                    employer audit measure was effective in promoting the detection of
                                                                    worker misclassification and determine whether it will remain a core
                                                                    measure as proposed.”
                                                                    The existing guidance regarding audit selection in the Employment
                                                                    Security (ES) Manual states: “To ensure that all employers are included
                    Two states asked whether random audits
     Audits                                                         in the audit selection process, States are encouraged to randomly select
                    would still be required.
                                                                    10% or more audit assignments from the total universe of contributory
                                                                    employers.”
                                                                    Handbook 401 provides the following language regarding audits that
                                                                    may be counted for ETA 581 reporting purposes:

                                                                    a. Include an opening interview,
                                                                    b. Cover a minimum of four calendar quarters (except as specified in ES
                                                                    Manual, Part V, Section 3675),
                                                                    c. Verify the business entity as a sole proprietor, partnership,
                    Two states asked whether the TPS                corporation, joint venture, or other,
                    definition for an acceptable audit could be     d. Document records examined and evidence obtained in tests used to
     Audits
                    changed so that investigations could be         verify payroll procedure, accuracy and completeness,
                    included in the audit data.                     e. Document records available and examined and the evidence obtained
                                                                    in the search for misclassified workers and payments,
                                                                    f. Conclude with a close-out conference with the employer or designated
                                                                    representative or include an explanation if not conducted; and
                                                                    g. Include a written report stating the auditor's final determination and
                                                                    all facts contributing to or supporting that final determination

                                                                    These criteria remain unchanged.

                                                                  -3-

                                         Attachment A – Comments on UIPL 30-10
    Issue                        Comment                                                   USDOL Response
                                                                 The fourth factor is the average number of misclassifications per audit.
                                                                 States are expected to determine proper classification using the
                 One commenter asked whether states would        information discovered during the audit. For employers that comply
                 be required to find at least one                with the law and properly classify their workers, these proposed
   Audits
                 misclassification per audit, and what the       measures will help them by leveling the playing field. For employers
                 impact would be on employers.                   that misclassify workers, there will be an increased risk that they will be
                                                                 selected for audit, and that they will be found to have misclassified
                                                                 workers.
                 One state commented that the TPS
   Audits        definition for an acceptable audit should not   The definition remains unchanged.
                 be changed.
                                                            The minimum level of achievement for the sum of the four factors is
                 One state commented that they did not see
                                                            5.0. Factor scores are measured to the tenth decimal place. States are
State-Directed   any criteria for how this factor would be
                                                            required to achieve greater than the minimum achievement levels in one
  Emphasis       measured to allow for the minimum score of
                                                            or more factors, so that the total Effective Audit Measurement score is
                 2 points
                                                            at least 7.0.




                                                             -4-

2010/UIPL03-11A2.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2010/UIPL03-11A2.pdf)

                                                                             Attachment B
                     New Core Measures – Effective Audit Measure

Effective Audit Measure

Measure:       A blended measure of the following four factors: 1) Percent of
               Contributory Employers Audited Annually, 2) Percent of Total Wage
               Change From Audit, 3) Percent of Total Wages Audited, and 4) the
               Average Number of Misclassifications Detected Per Audit. Each of the
               four factors, as well as the overall combined score, has a minimum
               standard score that states must meet to attain an Effective Audit Measure.
               The measure also requires states to direct additional emphasis to the
               factor(s) that they deem important to their state. An additional two points
               must be earned among any of the four factors to attain the overall passing
               score of at least seven.

Data Sources: Quarterly ETA 581 Contributions Operations Report and quarterly ES 202
              Report.


1) Factor 1 - Percent of Contributory Employer Audited Annually

a. Computation (to the tenth percentage place XX.X%):

       The sum of Item 47 for all four quarters in a calendar year

       Item 1 for quarter ending September 30 from the previous year

b. Criterion: Greater than or equal to 1.0%. When the criterion is met, the numeric
   value is added to the blended score for the Effective Audit Measure. When the
   criterion is not met, the state fails the Effective Audit Measure.

2) Factor 2 - Percent of Total Wage Change From Audit

a. Computation (to the tenth percentage place XX.X%):

       The sum of items 56 and 53 for four consecutive report quarters

           The sum of item 49 for four consecutive report quarters

b. Criterion: Greater than or equal to 2.0%. If the criterion is met, the numeric value is
   added to the blended score for the Effective Audit Measure. If the criterion is not
   met, the state fails the Effective Audit Measure.

3) Factor 3 - Percent of Total Wages Audited

a. Computation (to the tenth percentage place XX.X%):


       The sum of item 50 for four report quarters
                                                      X Item 47 (for 4 Qtrs.) X 4 (Qtrs.)
       The sum of item 48 for four report quarters

       Total Wages of Contributory Employers for prior four quarters (ES 202)

b. Criterion: Greater than or equal to 1.0%. If the criterion is met, the numeric value is
   added to the blended score for the Effective Audit Measure. When the criterion is not
   met, the state fails the Effective Audit Measure.


4) Factor 4 - Average Number of Misclassifications Detected Per Audit

   a. Computation (to the tenth decimal place XX.X):

       The sum of item 52 for four consecutive report quarters

       The sum of item 47 for four consecutive report quarters

   b. Criterion: Greater than or equal to 1.0. If the criterion is met, the computation’s
      numeric value is added to the blended score for the Effective Audit Measure. If
      the criterion is not met, the state fails the Effective Audit Measure.

5) Blended Score

   a. Computation (to the tenth decimal place XX.X):

       The sum of Factors 1, 2, 3, and 4.

   b. Criterion: The blended score must be greater than or equal to 7.0, and each of the
      four factor’s criteria must be met. If the criterion is met, and all factor criteria are
      met, the state passes the Effective Audit Measure. If the blended score criterion is
      not met, or any one of the four factors is not met, the state fails the Effective
      Audit Measure.

Reporting Frequency: Annually

Definitions for ETA 581 Item Numbers:

             1) Item 1 – Number of Contributory Employers
             2) Item 47 – Total Audits
             3) Item 48 – Total Calendar Quarters Audited
             4) Item 49 – Total Wages Audited – Pre-Audit
             5) Item 50 – Total Wages Audited Post-Audit
             6) Item 52 – Number of Employees Misclassified
             7) Item 53 – Total Wages Under-reported
             8) Item 56 – Total Wages Over-reported

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