§ 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 the individual’s eligibility period during which the individual:
(1) fails to accept any offer of suitable work;
(2) fails to apply for any suitable work to which the individual was referred by the Commissioner;
or
(3) 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 that begins during a period that:
(1) begins with the week following the week in which the failure occurs; and
(2) does not end until the individual has been employed during at least four weeks that
begin after the 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 the individual’s 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 if:
(1) 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 the individual’s
benefit year; plus
(B) the amount, if any, of supplemental unemployment compensation benefits, as defined in 26 U.S.C. § 501(c)(17)(D), payable to that individual for that week;
(2) the position was not offered to the individual in writing and was not listed with
the State employment service;
(3) the failure would not result in a denial of compensation under the provisions of subdivision
1344(a)(2) of this chapter to the extent that those provisions are not inconsistent
with the provisions of subdivision 1421(10) of this subchapter and subsection (d)
of this section; or
(4) the position pays wages less than the higher of:
(A) the minimum wage provided by 29 U.S.C. § 206(a)(1), 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 the individual
has engaged in such an effort during that week.
(e) No provision of section 1344 of this chapter that 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; 2023, No. 85 (Adj. Sess.), § 227, eff. July 1, 2024.)