§ 1423a. Disqualifications

(a) Notwithstanding any other provision of this subchapter, if so found by the Commissioner, payment of extended compensation shall not be made to any individual for any week of unemployment in his or her eligibility period:

(1) during which he or she fails to accept any offer of suitable work; or

(2) fails to apply for any suitable work to which he or she was referred by the Commissioner; or

(3) during which he or she fails to actively engage in seeking work.

(b) If any individual is ineligible for extended compensation for any week by reason of a failure described in subsection (a) of this section, the individual shall be ineligible to receive extended compensation for any week which begins during a period which:

(1) begins with the week following the week in which such failure occurs; and

(2) does not end until such individual has been employed during at least four weeks which begin after such failure and the total of the remuneration earned by the individual for being so employed is not less than the product of six multiplied by the individual's average weekly benefit amount as determined for his or her benefit year.

(c) Extended compensation shall not be denied under subsection (a) of this section to any individual for any week by reason of a failure to accept an offer of, or apply for, suitable work:

(1) if the gross average weekly remuneration payable to that individual for the position does not exceed the sum of:

(A) the individual's average weekly benefit amount as determined for his or her 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 of 1986, payable to that individual for that week;

(2) if the position was not offered to the individual in writing and was not listed with the State employment service;

(3) if the failure would not result in a denial of compensation under the provisions of subdivision 1344(a)(2) of this title to the extent that those provisions are not inconsistent with the provisions of subdivision 1421(10) of this title and subsection (d) of this section; or

(4) if the position pays wages less than the higher of:

(A) the minimum wage provided by section 6(a)(1) of the Fair Labor Standards Act of 1938, without regard to any exemption; or

(B) any applicable state or local minimum wage.

(d) For purposes of this subsection, an individual shall be treated as actively engaged in seeking work during any week if:

(1) the individual has engaged in a systematic and sustained effort to obtain work during that week, and

(2) the individual provides tangible evidence to the Commissioner that he or she has engaged in such an effort during that week.

(e) No provision of section 1344 which terminates a disqualification for voluntarily leaving employment, being discharged for misconduct, or refusing suitable employment shall apply for purposes of determining eligibility for extended compensation unless that termination is based upon employment subsequent to the date of the disqualification. (Added 1981, No. 86, § 4, eff. April 5, 1981; amended 1981, No. 194 (Adj. Sess.), § 7, eff. Sept. 25, 1982.)