002.64 SUITABLE EMPLOYMENT.

All work is considered suitable unless one of the following situations exists: (A) The wage offered is less than the highest of either the applicable federal minimum wage, the applicable state minimum wage, or 80% of the federal minimum wage if neither the federal or state minimum wage is applicable. The training wage may be substituted for the federal or state minimum wage in situations that warrant the payment of a training wage. The training wage of at least 85% of the federal or state minimum wage may be paid to employees under age 20 for up to 90 days under certain conditions; (B) The employment offered is on a piece-rate basis and the hourly yield is likely to be less than the applicable wages above; (C) The individual, as a condition of employment, is required to join, resign from, or refrain from joining any legitimate labor organization; (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 the Taft-Hartley Act or unless an injunction has been issued under Section 10 of the Railway Labor Act; or (E) The individual can demonstrate or the Department becomes aware that: (i) The degree of risk to health and safety is unreasonable; (ii) The individual is physically or mentally unfit to perform the work as documented by medical or other evidence; (iii) Employment offered within the first 30 days is not in the individual’s major field of experience; (iv) The nature or hours of the work interfere with the individual’s religious observances, convictions, or beliefs; or (v) The distance of the employment from the individual’s home is unreasonable, considering the wages and the time and cost of commuting. Daily commuting time must not exceed two hours per day, not including time required to transport a child to and from a childcare facility. The employment is not considered suitable if the distance prohibits walking and public or private transportation is unavailable.