1. (a) Enrollment.

   1. (1) Participants who, after an objective assessment of their skills, are determined by Choices staff to have the basic skills and attitudes necessary to succeed in the workplace may be placed in subsidized employment positions.
   2. (2) Participants, age 18 and older, who are unemployed after completing an initial job readiness and job search period may be required to enter into a subsidized employment position based on available resources and the participant's skills, interests, and employability plan.
   3. (3) Other participants may volunteer for a subsidized employment position.
2. (b) Duration of the Activity. Participants in a subsidized employment position are encouraged to work between 35 and 40 hours per week for no more than four full months. Overtime is allowed by mutual agreement between the participant and the employer.

3. (c) Wages.

   1. (1) Wages shall be at least minimum wage.
   2. (2) Employers must provide the same wages and benefits to subsidized employees as for unsubsidized employees with similar skills, experience, and position.
   3. (3) If overtime is earned, the employer is responsible for all wages in excess of 40 hours per week.
   4. (4) Upon submission of a monthly voucher supported by weekly time and attendance documentation, employers will be subsidized a portion of wages paid, as determined by contract. The subsidy is derived from the participant's temporary cash assistance and food stamp benefits which are diverted to the Commission to be distributed to the employer.
4. (d) Status of Enrollment at Denial of Benefits. If a participant's temporary cash assistance benefits are denied while enrolled in a subsidized employment position, the employment subsidy ends with the effective date of denial. Employers may decide whether or not to retain the participant in an unsubsidized employment position.
5. (e) Status of Subsidized Employee. The subsidized employment participants are considered employees of the participating employer for purposes of state and federal labor laws.

Source Note:The provisions of this §811.42 adopted to be effective April 15, 1998, 23 TexReg 3700.