| (a) A Board shall ensure that allowable SNAP E&T
activities and support services, as set forth in Subchapters D and
E, respectively, of this chapter, are provided as specified in the
annual state plan of operations approved by the United States Department
of Agriculture (USDA), to individuals who are:
(1) classified as the General Population; or
(2) ABAWDs.
(b) A Board shall ensure that the monitoring of SNAP
E&T requirements and participant activities is ongoing and frequent,
as determined appropriate by the Board, and consists of:
(1) tracking and reporting SNAP E&T participation
hours;
(2) tracking and reporting support services hours;
(3) determining and arranging for any intervention
needed to assist the individual in complying with SNAP E&T service
requirements;
(4) monitoring and ensuring progress toward achieving
the goals and objectives in the employment plan; and
(5) monitoring all other requirements.
(c) A Board shall ensure that all ABAWDs in full-service
SNAP E&T counties are provided with an offer of a work activity
within 10 calendar days from the date of referral from HHSC.
(d) A Board shall ensure that HHSC is notified in a
timely manner if a mandatory work registrant fails to comply with
participant responsibilities, as set forth in §813.12 of this
subchapter.
(e) A Board shall ensure that employment and training
activities are conducted in compliance with the Fair Labor Standards
Act (FLSA) (29 USC §201 et seq.), as follows:
(1) The amount of time per week that a mandatory work
registrant or exempt recipient who voluntarily participates in SNAP
E&T services may be required to participate in activities that
are not exempt from minimum wage and overtime under the FLSA shall
be determined by the SNAP benefits amount being divided by the minimum
wage, so that the amount paid to the mandatory work registrant or
exempt recipient who voluntarily participates in SNAP E&T services
would be equal to or more than the amount required for payment of
wages, including minimum wage and overtime.
(2) If a Board provides activities that meet all the
following criteria set forth in this paragraph, the activities are
considered "training" under FLSA and minimum wage and overtime are
not required, as follows:
(A) The training is similar to that given in a vocational
school.
(B) The training is for the benefit of the trainees.
(C) Trainees do not displace currently employed workers.
(D) Employers derive no immediate advantage from trainees'
activities.
(E) Trainees are not entitled to a job after training
is completed.
(F) Employers and trainees understand that trainees
are not paid.
(f) A Board shall ensure that placement in work-based
services does not result in the displacement of currently employed
workers or impair existing contracts for services or collective bargaining
agreements.
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| Source Note: The provisions of this §813.11 adopted to be effective September 3, 2001, 26 TexReg 6731; amended to be effective February 26, 2003, 28 TexReg 1657; amended to be effective March 29, 2005, 30 TexReg 1799; amended to be effective August 17, 2009, 34 TexReg 5589; amended to be effective October 26, 2020, 45 TexReg 7611 |
