Department of Human Services

Food Stamp OnlinePolicy Manual

Work Requirements

 

Revised:

9.7

UNSUITABLE EMPLOYMENT

Food Stamp Table of Contents

1240-1-3-.43(5)

Any employment will be considered unsuitable if:

 

(a)the wage offered is less than the applicable federal minimum wage (or 80% of the federal minimum wage, if the federal minimum wage is not applicable);

 

Note:The training wage shall be substituted for the minimum wage for persons under age 20 receiving the training wage mandated by the Fair Labor Standards Act of 1989. (Limited to 90-day period.)

(b) the employment offered is on a piece-rate basis, and the average hourly yield the employee reasonably can expect to earn is less than the applicable hourly wages specified under (a) above;

 

(c)the household member is required to join, resign from, or refrain from joining any legitimate labor organization;

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(d) the work offered is at a site subject to a strike or lockout at the time of the offer, unless the strike has been enjoined under Section 208 of the Labor-Management Relations Act (commonly known as the Taft-Hartley Act), or unless an injunction has been issued under Section 10 of the Railway Labor Act;

 

(e)the risk to health and safety is unreasonable;

 

(f)the household member is physically or mentally unfit to perform the employment. Document the medical evidence or reliable information from other sources;

 

(g)the employment offered within the first 30 days of registration is not in the registrantís major field of experience. Offers after 30 days must be accepted;

 

(h) the distance from the registrantís home to the place of employment is unreasonable, such as:

 

1.†† daily commuting exceeds two hours per day, not including the transportation of a child to and from a child care facility;

2.†† public and private transportation is unavailable and the distance to the place of employment is too far to walk; or

3.†† the cost of transportation to the job site is excessive based on the expected wage.

 

( i ) the working hours or nature of the employment interferes with the memberís religious observance, convictions, or beliefs. For example, a Sabbatarian could refuse to work on the Sabbath and not affect the householdís eligibility; or

 

( j ) other good reasons that justify a conclusion that employment is unsuitable.

 

The determination of unsuitable employment will be based on the above listed criteria and any additional criteria established in the Food Stamp Employment & Training Program.

 

Glossary of Terms

Food Stamp Table of Contents