Good cause criteria for refusing to accept employment or additional hours of employment include the following:

1. (1) The individual is physically or mentally unfit to do the job or to work additional hours as documented by medical evidence or other reliable information;
2. (2) The hourly wage offered is less than the federal minimum wage;
3. (3) The position is vacant or additional hours are available due directly to a strike, lockout, or other labor dispute;
4. (4) The individual is, as a condition of being employed or accepting additional hours of employment, required to join or to resign from or refrain from joining a labor organization;
5. (5) The degree of risk to health and safety is unreasonable;
6. (6) The working hours or nature of the employment interferes with the employee's religious observations, convictions, or beliefs; or
7. (7) The individual is a single custodial parent caring for a child under six years of age and is able to prove the unavailability of child care because of distance, the unavailability or unsuitability of child care by a relative, or the unavailability of appropriate and affordable child care.

Source: 24 SDR 24, effective August 31, 1997.

General Authority: SDCL 28-7A-3(1)(2)(3)(4) , 28-7A-10 , 28-7A-11.

Law Implemented: SDCL 28-7A-3(1)(2)(3)(4) , 28-7A-10 , 28-7A-11.