Section 17-684.1-48 - Unsuitable employment(a) Employment shall be considered suitable unless: (1) The wage offered is less than the highest of: (A) The applicable federal minimum wage;(B) The applicable state minimum wage;(C) Eighty per cent of the federal minimum wage, if neither the federal nor the state minimum wage is applicable;(2) The employment offered is on a piece-rate basis and the average hourly yield the employee may reasonably be expected to earn is less than the applicable hourly wage specified above;(3) As a condition of employment or continuing employment, the employee is required to join, resign from, or refrain from joining any legitimate labor organization;(4) The work offered is at a site subject to a strike or a lockout at the time of the offer unless the strike has been enjoined under section 208 of the Labor-Management Relations Act, 29 U.S.C. §178, or an injunction has been issued under section 10 of the Railway Labor Act, 45 U.S.C. §160;(5) The household member involved can demonstrate, or the department otherwise becomes aware that: (A) The degree of risk to health and safety is unreasonable;(B) The household member is physically or mentally unfit to perform the employment, as documented by medical evidence or by reliable information from other sources;(C) The employment offered within the first thirty days of registration is not in the household member's major field of experience;(D) The distance from the registrant's home to the place of employment is unreasonable based on the expected wage and the time and cost of commuting. Daily commuting time shall not exceed two hours per day, not including the transportation of a child to and from a child care facility. Nor shall employment be considered suitable if the distance to the place of employment prohibits walking, and both public and private transportation are unavailable to use in getting to the job site; or(E) The working hours or nature of the employment interferes with the household member's religious observances, convictions, or beliefs.Haw. Code R. § 17-684.1-48
[Eff 1/17/08] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §273.7(h) )