1.1.................... moves to amend H.F. No. 784 as follows:
1.2Page 2, after line 16 insert:
1.3 "Sec. 3. Minnesota Statutes 2010, section 268.035, subdivision 23a, is amended to read:
1.4 Subd. 23a.
Suitable employment. (a) Suitable employment means employment in
1.5the applicant's labor market area that is reasonably related to the applicant's qualifications.
1.6In determining whether any employment is suitable for an applicant, the degree of risk
1.7involved to the health and safety, physical fitness, prior training, experience, length
1.8of unemployment, prospects for securing employment in the applicant's customary
1.9occupation, and the distance of the employment from the applicant's residence is
1.10considered.
1.11 (b) In determining what is suitable employment, primary consideration is given to the
1.12temporary or permanent nature of the applicant's separation from employment and whether
1.13the applicant has favorable prospects of finding employment in the applicant's usual or
1.14customary occupation at the applicant's past wage level within a reasonable period of time.
1.15 If prospects are unfavorable, employment at lower skill or wage levels is suitable
1.16if the applicant is reasonably suited for the employment considering the applicant's
1.17education, training, work experience, and current physical and mental ability.
1.18 The total compensation must be considered, including the wage rate, hours of
1.19employment, method of payment, overtime practices, bonuses, incentive payments, and
1.20fringe benefits.
1.21 (c) When potential employment is at a rate of pay lower than the applicant's former
1.22rate, consideration must be given to the length of the applicant's unemployment and the
1.23proportion of difference in the rates. Employment that may not be suitable because of
1.24lower wages during the early weeks of the applicant's unemployment may become suitable
1.25as the duration of unemployment lengthens.
2.1 (d) For an applicant seasonally unemployed, suitable employment includes
2.2temporary work in a lower skilled occupation that pays average gross weekly wages equal
2.3to or more than 150 percent of the applicant's weekly unemployment benefit amount.
2.4 (e) If a majority of the applicant's weeks of employment in the base period includes
2.5part-time employment, part-time employment in a position with comparable skills and
2.6comparable hours that pays comparable wages is considered suitable employment.
2.7 Full-time employment is not considered suitable employment for an applicant if a
2.8majority of the applicant's weeks of employment in the base period includes part-time
2.9employment.
2.10 (f) To determine suitability of employment in terms of shifts, the arrangement of
2.11hours in addition to the total number of hours is to be considered. Employment on a
2.12second, third, rotating, or split shift is suitable employment if it is customary in the
2.13occupation in the labor market area.
2.14 (g) Employment is not considered suitable if:
2.15 (1) the position offered is vacant because of a labor dispute;
2.16 (2) the wages, hours, or other conditions of employment are substantially less
2.17favorable than those prevailing for similar employment in the labor market area;
or
2.18 (3) as a condition of becoming employed, the applicant would be required to join a
2.19company union or to resign from or refrain from joining any bona fide labor organization
;
2.20or.
2.21(4) the employment is with a staffing service and less than 45 percent of the
2.22applicant's wage credits are from a job assignment with the client of a staffing service.
2.23(h) A job assignment with a staffing service is considered suitable only if 45
2.24percent or more of the applicant's wage credits are from job assignments with clients of
2.25a staffing service and the job assignment meets the definition of suitable employment
2.26under paragraph (a)."
2.27Renumber the sections in sequence and correct the internal references
2.28Amend the title accordingly