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A-8218 Division of Welfare and Supportive Services EMPLOYMENT & TRAINING Eligibility and Payments Manual Work Activities Leading To Economic Independence 16 May 01 MTL 01/16 Note: Deemed hours must be reported under one of the following OASIS codes: Community Service Programs (DC) and Work Experience (DW). If the recipient does not work the maximum number of hours allowed under FLSA limitations, deemed hours can not be reported in the NEON calendar. Note: Holiday and excused hours can not be used in the calculation of the maximum number of hours the participant participated. 821.3 Verification Verification is required for all work activity hours recorded on the NEON Calendar. When a change in participation hours is reported or otherwise becomes known to the agency and the participant did not already submit the required verification, staff must send a request for verification of participation hours by the end of the next business day. The participant may be allowed up to 10 calendar days to provide the requested verification. Based on the type of work activity the participant is engaged in, the verification requirements and frequency of monitoring may vary. Refer to manual section A-821.4 (under each activities verification requirements). 821.4 Work Activities 821.4.1 Unsubsidized Employment (core) Full- or part-time employment in a private, public or non-profit organization when the individual is receiving non-subsidized compensation for such work. Unsubsidized employment also includes self-employment and work in exchange for in-kind services. A. Self-employment – An individual is self-employed if engaged in an enterprise for gain, either as an independent contractor, franchise holder, or owner-operator. This includes individuals working on a commission only, per-job or per-piece basis.
NOTE: Independent Contractors set their own rules, which includes setting hours, receiving payments by the job, working at separate/multiple locations and provide their own equipment. They pay their own expenses of doing business. Independent Contractor’s are paid by the amount of work done rather than by the hour. If a participant is being paid by the hour, it is not self-employment.
Countable participation hours for self-employment are limited to no more than the number derived by dividing the individual’s net self-employment income (gross income less business expenses), by the Federal Minimum wage and rounded up, not to exceed an average of 40 hours per week.