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