N.J. Admin. Code § 10:87-10.10 - Suitable employment
(a) Employment
offered to a registrant shall be considered suitable unless one of the
following conditions exist:
1. The wages
offered are less than the highest of: the applicable Federal minimum wage, the
applicable State minimum wage, or, if neither the State or Federal minimum wage
is applicable, 80 percent of the Federal minimum wage. If 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 wages
specified above.
2. The registrant,
as a condition of employment, is required to join, resign from, or refrain from
joining, any legitimate labor organization.
3. 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 (Taft-Hartley)
or unless an injunction has been issued under Section 10 of the Railway Labor
Act.
4. The registrant lacks
adequate child care for children who have reached age 6 but are under age
12.
(b) In addition,
employment offered a registrant shall be considered suitable unless the
individual involved can demonstrate or the CWA otherwise becomes aware that:
1. The degree of risk to health and safety is
unreasonable;
2. He or she is
physically or mentally unfit to perform the employment, as established by
documentary medical evidence or reliable information obtained from other
sources;
3. The employment offered
within the first 30 days of registration is not in his or her major field of
experience;
4. The distance of the
employment from his or her residence is unreasonable considering the expected
wage and the time and cost of commuting. Employment shall not be considered
suitable if daily commuting time exceeds 2 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 neither public nor private transportation is available to
transport the member to the job site;
5. The working hours or nature of the
employment interferes with the individual's religious observances, convictions
or beliefs; or
6. For students, the
employment is offered during class hours or is more than 20 hours per
week.
Notes
See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b).
This section was recodified from 3.19 (e).
Recodified from N.J.A.C. 10:87-10.15 and amended by R.2004 d.181, effective
See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a).
Deleted the introductory phrases throughout; in (a), substituted "unless one" for "when any" following "suitable"; in (b), neutralized the gender references. Former N.J.A.C. 10:87-10.10, Voluntary quit, recodified to N.J.A.C. 10:87-10.5.
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