18 MAC Pt. 14, R. 12.11
Suitable Employment
Cite as 18 Miss. Admin. Code Pt. 14, R. 12.11
Suitable Employment.
A. Employment will be considered suitable unless:
1. The wage offered is less than the highest of the applicable Federal minimum wage,
the applicable State minimum wage or 80% of the Federal minimum wage if neither
the Federal nor the State minimum wage is applicable.
2. The employment is offered on a piece-rate basis (the worker is paid a fixed piece
rate for each item produced regardless of the time involved) and the average hourly
yield the employee can reasonably be expected to earn is less than the applicable
hourly wages as specified above.
3. The household member, as a condition of employment or continuing employment,
must join, resign from or refrain from joining any legitimate labor organization.
4. 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.
B. All other employment will be considered suitable unless the household member involved
can demonstrate that:
1. The risk to health and safety is unreasonable;
2. The member is physically or mentally unfit to perform the employment as
documented by medical evidence or reliable information from other sources;
3. The employment offered within the first 30 days of registration is not in the
member’s major field of experience;
4. The distance from the member’s home to the place of employment is unreasonable
considering the expected wage and time and cost of commuting; or
a) If daily commuting time exceeds 2 hours per day, not including transporting
a child to and from a childcare facility, then it will be considered unsuitable.
b) If the distance to the place of employment prevents walking and there is no
public or private transportation available to transport the individual to the
jobsite, then it will also be considered unsuitable.
5. The working hours or nature of employment interferes with the member’s religious
observance, convictions or beliefs.