16 Del. Admin. Code § 9000-9022

Current through Register Vol. 28, No. 7, January 1, 2025

Section 9000-9022 - Suitable Employment

[273.7(i)]

Any employment will be considered unsuitable if:

1. The wage offered is less than the highest of the applicable federal minimum wage, the applicable state minimum wage, or 80% of the federal minimum wage if neither the federal nor state minimum wage is applicable, or

2. The employment offered is on a piece-rate basis and the average hourly yield the employee can reasonably be expected to earn is less than the applicable hourly wage specified in #1, above, or

3. The household member, as a condition of employment or continuing employment, is required to join, resign from, or refrain from joining any legitimate labor organization, or

4. 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 the Taft-Hartley Act, or the Railway Labor Act, or

5. The degree of risk to health and safety is unreasonable, or

6. The member is physically or mentally unfit to perform the employment as documented by medical evidence or by reliable information from other sources, or

7. The employment is offered within the first 30 days of registration and is not in the member's major field of experience, or

8. The distance from the member's house to the place of employment is unreasonable considering the expected wage and the time and cost of commuting. Employment will not be considered suitable if daily commuting time exceeds two hours daily, not including the transporting of a child to and from a child care facility. Employment is not considered suitable if the distance to the place of employment prohibits walking and neither public nor private transportation is available to transport the member to the job site, or

9. The working hours or nature of the employment interferes with the member's religious observations, convictions, or beliefs. For example, a Sabbatarian could refuse to work on the Sabbath and not affect the household's eligibility.

16 Del. Admin. Code § 9000-9022