N.J. Admin. Code § 10:87-10.10 - Suitable employment

Current through Register Vol. 54, No. 7, April 4, 2022

(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

N.J. Admin. Code § 10:87-10.10
Amended by R.1989 d.121, effective 2/21/1989.
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 5/17/2004.
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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