(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.
