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California鈥檚 employment safety net is still broken. Will anyone fix it?

Kim Tanner, a marketing consultant, sits in front of her computer at home in Carlsbad on Oct. 11, 2024. Tanner kept detailed records after she says funds she received from the California Employment Development Department were transferred out of her account to an unknown bank account in late July.
Adriana Heldiz
/
CalMatters
Kim Tanner, a marketing consultant, sits in front of her computer at home in Carlsbad on Oct. 11, 2024. Tanner kept detailed records after she says funds she received from the California Employment Development Department were transferred out of her account to an unknown bank account in late July.

Out-of-work residents fight new fraud battles. The system bleeds money. And a $1 billion technology overhaul marches on.

Kim Tanner didn鈥檛 expect to become a fraud detective when she filed for disability with the California Employment Development Department.

But in mid-July, $3,161 vanished from her online account with the state鈥檚 new debit card contractor, Money Network, according to Tanner鈥檚 complaints to government regulators. Someone had gotten access to her online debit card account, added a new bank account and transferred out her money, all without any notifications, she wrote in the complaints.

Tanner said Money Network told her it could take 90 days to investigate, and that she may or may not get a full refund, leaving her short on rent money. She turned to social media and saw similar horror stories on Reddit and Facebook. 鈥淢y head exploded,鈥 Tanner said. 鈥淭his was happening to tons of people.鈥

So she started filing complaints. First with Money Network, its parent company Fiserv and the EDD. Then with a state senator and a half-dozen financial regulators.

鈥淚t just went on and on and on,鈥 said Tanner, who got her money back via paper check about a month and a half later, after a federal agency intervened. 鈥淭his needs to be investigated.鈥

A CalMatters investigation a year ago exposed how the during the pandemic, the result of historic job losses, years of missed warning signs and poor contractor performance. As a result, the system at first failed to stop widespread fraud, then to millions of real people who used it as a crucial lifeline.

Now, even with a new payment contractor in place, concerns about fraud linger for people who rely on unemployment and disability programs run by the EDD. Multiple lawsuits and about government debit cards have been filed by Californians against Money Network this year alone. The EDD and the company say the debit card fraud is smaller scale than the varied forms of fraud during the pandemic.

On top of the fraud complaints, a by the Legislative Analyst鈥檚 Office warns that lawmakers are failing to address a bigger unemployment problem: a 鈥渂roken鈥 financial model, one that threatens the whole system.

California鈥檚 unemployment fund is still to the federal government after the state took out loans to cover pandemic benefits, costing taxpayers $1 billion in annual interest 鈥 more than the on child welfare. Now, after years of ignoring calls to modernize the state鈥檚 1980s-era unemployment tax code, the system is on track to lose $2 billion a year as it fails to bring in enough revenue to cover unemployment expenses, according to the report.

The Legislative Analyst鈥檚 Office, which provides fiscal and policy advice to state lawmakers, says the state needs to bring unemployment taxes in line with other states to cover the deficit.

鈥淭his is entirely avoidable,鈥 said LAO policy analyst Chas Alamo.

Kim Tanner at her home in Carlsbad.
Adriana Heldiz
/
CalMatters
Kim Tanner at her home in Carlsbad.

The recommendations could force a reckoning for lawmakers caught between business and labor advocates. Business groups have fought tax increases, favoring California鈥檚 current unemployment tax base. Labor groups argue that taxes must go up to stabilize the system. Then, they say, lawmakers should evaluate measures to expand which workers are eligible for unemployment or raise California鈥檚 $450-a-week maximum payment, which is also lower .

What happens next will be one test of how legislative leaders respond to voters鈥 rebuke of Democratic leadership nationwide, with the Legislature鈥檚 to do more to make California a less expensive place to live.

Meanwhile, the EDD has already secured funding for an unprecedented five-year, $1.2 billion effort called to finally modernize the call centers, software and websites that power the state鈥檚 job safety net 鈥 a more ambitious version of past modernization efforts that crumbled during the pandemic.

Whether or not history will repeat itself is complicated by unanswered questions about what went wrong at the EDD during the pandemic and how the state scrambled to recover.

Former California labor chief went on to become acting U.S. labor secretary and one of the longest-unconfirmed presidential nominees in history, thanks in part to criticism over unemployment fraud.

Gov. Gavin Newsom鈥檚 administration has denied CalMatters鈥 repeated requests for internal records from this period, citing an exemption that allows the governor to keep his communications secret if he chooses.

The fraud factor

During the pandemic, a hit the unemployment system at once. Global hackers used large-scale identity theft. Low-level social media scammers and prison inmates adopted fake names to file for benefits under emergency federal programs that waived normal identity checks. Debit card scammers cloned insecure EDD cards then run by Bank of America and drained the accounts.

Millions of real California workers got caught up in the mess, state audits found. Some saw their EDD accounts flagged as suspicious due to clerical errors, communication failures or faulty fraud software. Laid-off workers saw overdrawn by thousands of dollars or cut off as the bank and the state scrambled to rein in fraud.

California and other states were partially let off the hook when the federal government agreed to absorb the bulk of the billions lost to fraud in emergency programs. After Bank of America pulled out of the unemployment business last year, the EDD tried to turn the page on debit card fraud by hiring Georgia finance tech company Money Network to take over.

The scope and details of the current fraud that workers allege isn鈥檛 clear. State auditors and financial regulators haven鈥檛 analyzed it; lawsuits and regulatory complaints only show that money disappeared from workers鈥 accounts, not how it was taken.

The Consumer Financial Protection Bureau, which $100 million over what it called 鈥渂otched鈥 pandemic unemployment payments, declined to answer questions about new complaints. The bureau鈥檚 public records show that Californians have filed 149 complaints against since 2022, when the company first a different state debit card program, with 101 complaints mentioning government cards.

Money Network said in a statement that 鈥渙nly a small percentage of EDD recipients have reported suspected fraud,鈥 and that anyone concerned should 鈥渃all the number listed on the back of their card.鈥

The EDD and Money Network also now allow direct deposit, giving people the option of skipping debit cards altogether. Since direct deposit launched in June, about 15% of new applicants have opted for debit cards, the EDD said in a statement. The agency could not immediately say how many of its hundreds of thousands of existing customers still use debit cards.

鈥淎nyone who suspects they are a victim of fraud should take steps to protect themselves and ,鈥 the EDD said in a statement.

A flyer for identity theft resources and information sits on top of other documentation related to Kim Tanner鈥檚 financial fraud case on her desk at her home in Carlsbad on Oct. 11, 2024.
Adriana Heldiz
/
CalMatters
A flyer for identity theft resources and information sits on top of other documentation related to Kim Tanner鈥檚 financial fraud case on her desk at her home in Carlsbad on Oct. 11, 2024.

Lea Bitton was still reeling from a high-risk pregnancy when it happened to her.

One evening in June, the Orange County resident logged into her Money Network disability account and realized that $4,000 was missing. She relied on the EDD money to cover her family鈥檚 costs during parental leave.

Someone Bitton didn鈥檛 know had hacked into her account, according to a lawsuit she filed against Money Network. Similar to Tanner鈥檚 case in Carlsbad, a new electronic transfer was set up for someone with a different name and bank account, and Bitton was never asked to authorize the change before the money disappeared.

Matthew Loker, Bitton鈥檚 attorney, said the fraud appears similar to some EDD debit card fraud cases that he handled during the pandemic.

鈥淚t鈥檚 deja vu a little bit,鈥 Loker said. 鈥淚t鈥檚 a difficult problem, but it shouldn鈥檛 be the consumers who are left holding the bag.鈥

If fraud occurs once unemployment or disability money has already been transferred from the EDD to Money Network, the state鈥檚 contract says that Money Network is responsible for investigating and reimbursing clients if necessary. But some people with EDD Money Network debit cards say that it isn鈥檛 always easy to figure out how to start that process.

In Los Angeles, Greg Zekowski filed for unemployment while in between film projects. He hadn鈥檛 even used his EDD Money Network debit card yet, he said, when he logged into the online account and saw several unfamiliar charges to Uber and other retailers.

He called Money Network. 鈥淭heir response was, 鈥楾he problem is EDD,鈥欌 Zekowski said.

So he called the EDD: 鈥淭heir response was, 鈥業t鈥檚 all them.鈥欌

The EDD and its contractors aren鈥檛 alone. The state鈥檚 and are also among the many financial systems facing mounting fraud risks.

One broader challenge is how few financial institutions bid on government benefit projects. The lack of options puts more pressure on agencies working to secure debit cards and other payments, according to a .

鈥淧roviders may face minimal competitive pressure from program innovation, new entrants, or customer choice,鈥 the report authors wrote, 鈥渨hich may exacerbate or cause the issues with fees and customer service that benefits recipients face.鈥

A financial cliff

While the EDD and the people who rely on it play whack-a-mole with fraud, California has big decisions to make about the future of the state鈥檚 job safety net.

If the state continues to do nothing, the LAO projected this week, it will have no unemployment reserves and become even more reliant on loans from the federal government to weather future recessions, likely costing taxpayers billions more in interest.

Or the state can bite the bullet, as many others have, and change the way it pays for unemployment.

The offices of the Employment Development Department in Sacramento on Jan. 10, 2022.
Miguel Gutierrez Jr.
/
CalMatters
The offices of the Employment Development Department in Sacramento on Jan. 10, 2022.

First, the LAO recommends that businesses pay a flat 1.9% unemployment tax while digging out of debt. California companies also currently only pay unemployment taxes on the first $7,000 a worker earns each year. Instead, the LAO recommends taxing employers on workers鈥 first $46,800 in earnings 鈥 higher than some like Nevada, but lower than Washington, Idaho and Oregon.

鈥淲e understand that the scope of the recommendations that we鈥檙e putting forward in this report are significant,鈥 said LAO analyst Ann Hollingshead. 鈥淭his is just an honest reflection of the severity of the underlying problems in the system.鈥

State lawmakers last revamped unemployment taxes in 1984. And businesses are to temporary tax hikes to pay down California鈥檚 deep federal debt. One bill to recalibrate how the system is paid for 鈥 raising unemployment taxes to eventually increase weekly benefits 鈥 died in committee this year.

Robert Moutrie, a policy advocate for the California Chamber of Commerce, said that the business group is still reviewing the details of the LAO proposal. In the past, the Chamber has favored tightening unemployment eligibility to reduce benefit payments, labeling any form of tax increases and proposals to expand the unemployment system 鈥.鈥

Daniela Urban, executive director of the Sacramento Center for Workers鈥 Rights, said there is broad agreement on how unstable the current situation is but discord on where to go from here. She and other labor advocates say that unemployment is one area where California businesses have long underpaid compared to other states, and that the system has not kept up with non-traditional jobs and increasing costs of living.

鈥淲e鈥檙e in a huge hole, and that鈥檚 not financially acceptable,鈥 Urban said. 鈥淏ut how and when to make those changes I think is what the contention is.鈥

In addition to the funding hole, the pandemic revealed other problems at EDD. : jammed call centers, spotty online accounts and a patchwork behind-the-scenes process for tracking unemployment claims. The agency is currently overhauling these systems with EDDNext.

Last year, the agency hired Salesforce to remake the MyEDD online system that workers use to manage their accounts. It brought in Amazon Web Services to update and integrate EDD phone systems that left as many as 40 million calls a month unanswered during the pandemic.

Early next year, the state will award a contract for the biggest chunk of the project 鈥 a new central system for EDD personnel to manage claims, which comes with more than 600 pages of specifications.

鈥淲e are making tremendous investments in modernizing EDD and the work is going well,鈥 the agency said in a statement.

Lauren Hepler is an investigative reporter at CalMatters, a nonprofit, nonpartisan media venture explaining California policies and politics, and a JPR news partner. She focuses on labor issues and California鈥檚 .
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