(A)"Employment"
does not include service performed for a nonprofit organization, this state or
its instrumentalities, a political subdivision or its instrumentalities, or an
Indian tribe as part of an unemployment work-relief or work-training program
assisted or financed in whole or in part by any federal agency or an agency of
a state or political subdivision thereof, by an individual receiving such work
relief or work training.
(B)In order for
services to be excluded from employment under an unemployment work-relief
program that is financed or assisted in whole or in part by any federal agency
or an agency of a state or a political subdivision of a state, such program
must have as a minimum the following characteristics:
(1)The
employer-employee relationship is based more on the participants' and
communities' needs than normal economic considerations such as increased demand
or the filling of a bona fide job vacancy;
(2)Qualifications
for the jobs take into account as indispensable factors the economic status,
i.e., the standing conferred by income and assets, of applicants; and
(3)The products or
services are secondary to providing financial assistance, training, or
work-experience to individuals to relieve them of their unemployment or poverty
or to reduce their dependence upon various measures of relief, even though the
work may be meaningful or serve a useful public purpose.
(C)In order for
services to be excluded from employment under an unemployment work-training
program that is financed or assisted in whole or in part by any federal agency
or an agency of a state or a political subdivision of a state, such program
must have as a minimum the following characteristics:
(1)The
employer-employee relationship is based more on the participants' and communities'
needs than normal economic considerations such as increased demand or the
filling of a bona fide job vacancy; and
(2)The products or
services are secondary to providing financial assistance, training, or
work-experience to individuals to relieve them of their unemployment or poverty
or to reduce their dependence upon various measures of relief, even though the
work may be meaningful or serve a useful public purpose.
(D)Such an
unemployment work-relief or work-training program must also have one or more of
the following characteristics:
(1)The wages,
hours, and conditions of work are not commensurate with those prevailing in the
locality for similar work;
(2)The jobs did
not, or rarely did, exist before the program began (other than under similar programs)
and there is little likelihood they will be continued when the program is
discontinued;
(3)The services
furnished, if any, are in the public interest and are not otherwise provided by
the employer or its contractors;
(4)The jobs do not
displace regularly employed workers or impair existing contracts for services.
Five Year Review (FYR) Dates: 4/20/2022 and 04/20/2027
Certification: CERTIFIED ELECTRONICALLY
Date: 04/20/2022
Promulgated Under: 119.03
Statutory Authority: 4141.13(A)
Rule Amplifies: 4141.01(B)
Prior Effective Dates: 05/01/1993, 01/01/2006, 11/12/2018