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Indiana Code Title 22. Labor and Safety § 22-4-2-41

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 41. (a) Except as provided in subsection (b), as used in this article, “suitable work” means the following:

(1) For an individual classified as having good job prospects under IC 22-4-14-6.1, any work which would be considered suitable work for the individual under IC 22-4-15-2(e).

(2) For an individual classified as having not good job prospects under IC 22-4-14-6.1, any work which the individual has the physical and mental capacity to perform.

(b) The term does not include any work that meets the following conditions:

(1) If the gross average weekly remuneration payable to the individual for the position would not exceed the sum of:

(A) the individual's average weekly benefit amount for the individual's benefit year;  plus

(B) the amount (if any) of supplemental unemployment compensation benefits (as defined in Section 501(c)(17)(D) of the Internal Revenue Code) payable to the individual for the week.

(2) If the position was not offered to the individual in writing or was not listed with the department.

(3) If failure to accept the new work would not result in a denial of compensation under the provisions of this article, to the extent that the provisions are not inconsistent with the applicable federal law.

(4) If the position pays less than the higher of:

(A) the minimum wage provided by 29 U.S.C. 206(a)(1) (the Fair Labor Standards Act of 1938), without regard to any exception;  or

(B) the state minimum wage (IC 22-2-2).

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Cite this article: FindLaw.com - Indiana Code Title 22. Labor and Safety § 22-4-2-41 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-22-labor-and-safety/in-code-sect-22-4-2-41/

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