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NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.13- Page 7 Rev. 3/2022 15) Any SNAP employment is considered unsuitable if: (i) the wage offered is less than the highest of the applicable Federal minimum wage, the applicable State minimum wage, or 80 percent of the Federal minimum wage, if neither the Federal nor State minimum wage is applicable; (ii) the employment is offered on a piece-rate basis and the average hourly yield the employee can reasonably expect to earn is less than the applicable hourly wages as specified in subparagraph (i) of this paragraph; (iii) the household member, as a condition of employment, must join, resign from, or refrain from joining a legitimate labor organization; or (iv) the work is at a site subject to a strike or lockout at the time of the offer, unless the strike has been enjoined under section 208 of the Labor-Management Relations Act, commonly known as the Taft-Hartley Act, or unless an injunction has been issued under section 10 of the Railway Labor Act. 16) In addition, employment is suitable unless the household member involved demonstrates or the social services district otherwise becomes aware that: (i) the degree of risk to health and safety is unreasonable; (ii) medical evidence or other reliable information documents that the individual is physically or mentally unfit to perform the job; (iii) the employment offered is not within the individual's major field of experience; however, this provision only applies during the first 30 days after the date of registration; (iv) the distance from the individual's home to the place of employment is unreasonable. In determining reasonability, the social services district shall consider the expected wage and the time and cost of commuting. Employment must not be considered suitable if daily commuting time exceeds two hours per day, not including the time involved in transporting of a child to and from a child care facility. Employment may also be considered unsuitable if the distance to the place of employment makes walking prohibitive and neither public nor private transportation is available; (v) the working hours or type of employment conflicts with the individual's religious observance, convictions or beliefs; or (vi) the individual lacks adequate child care for children in the household who are under age 13. 17) Ending a voluntary quit or reduction in hours disqualification. (i) An individual may reestablish eligibility after the end of his/her disqualification period if he/she applies and is otherwise eligible, and if he/she: (a) complies with the requirements of this section and of this Part as determined by the social services district; or