The hourly gross wages are less than the federal or state minimum wage for that type of employment, whichever applies. See minimum wage figures in Temp Manual TE12.05 (Minimum Wage).

The work is not within the client's physical and mental capacity.

The work does not meet health and safety standards established by the Occupational Safety and Health Administration (OSHA) and the Minnesota Department of Employment and Economic Development.

There is discrimination at the work site on the basis of age, sex, race, creed, marital status, status with regard to public assistance, disability, religion, or place of national origin.

The work is temporary day labor.

The wages are less than the highest of:

- The applicable federal or state minimum wage. See the minimum wage figures in TEMP Manual TE12.05 (Minimum Wage).

- 80% of the federal minimum wage if neither the federal or state minimum wage applies.

- The work is offered on a piece-rate basis and hourly yield is likely to be less than the applicable minimum wage listed above.

The person is required to do any of the following as a condition of employment:

- Join a union.

- Resign from a union.

- Refrain from joining a labor organization.

The work offered is at a site undergoing a strike or lockout. (Consider work offered at a site undergoing a strike or lockout as suitable if the court issues an injunction under Section 10 of the Railway Labor Act or the strike has been enjoined under the Taft-Hartley Act.).

The degree of risk to health and safety is unreasonable when compared to federal, state, and local health and safety regulations.

The person is physically or mentally unfit to perform the work as documented by medical evidence or by other reliable information.

The work offered within the 1st 30 days of registration is not in the person's major field of experience. After 30 days, a job need not be in the major field of experience.

The round trip commuting time from the person's residence to the place of work is more than 2 hours by available means of transportation.

The working hours or nature of the work interfere with the person's religious observances, convictions, or beliefs.

Meets existing health and safety standards set by federal, state, or local regulations.

Is within the physical and mental ability of a person.

Provides a gross weekly income equal to the federal or state minimum wage applicable to the job for 40 hours per week, or a monthly income which, after allowable exclusions, deductions, and disregards would exceed the standard of assistance for the assistance unit, whichever is less.

AND

Includes employment offered through Title 1 Workforce Innovation and Opportunity Act (WIOA), the Minnesota Employment and Economic Development Act, and other employment and training options, but does not include temporary day labor.