1. (a) E&T mandatory work registrants shall:

   1. (1) attend scheduled appointments;
   2. (2) participate in assigned E&T activities for at least a minimum weekly average of thirty hours, within the restrictions outlined in §813.13 of this subchapter;
   3. (3) report to an employer to whom they are referred;
   4. (4) accept a job offer; and
   5. (5) report component activity hours, including hours of employment.

2. (b) A Board shall ensure that employment and training activities are conducted in compliance with the Fair Labor Standards Act (FLSA) as follows:

   1. (1) the amount of time per week that a mandatory work registrant may be required to participate in activities that are not exempt from minimum wage and overtime under the FLSA shall be determined by the temporary cash assistance and food stamp benefits amount being divided by the minimum wage so that the amount paid to the mandatory work registrant would be equal to or more than the amount required for payment of wages, including minimum wage and overtime; and

   2. (2) if a Board provides activities that meet all of the following categories set forth in this paragraph, the activity is considered "training" under the FLSA and minimum wage and overtime is not required:

      1. (A) the training is similar to that given in a vocational school;
      2. (B) the training is for the benefit of the trainees;
      3. (C) trainees do not displace currently employed workers;
      4. (D) employers derive no immediate advantage from trainees' activities;
      5. (E) trainees are not entitled to a job after training is completed; and
      6. (F) employers and trainees understand that trainee is not paid.
3. (c) 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.
4. (d) A Board may, through local policies and procedures, require the use of the Eligible Training Provider Certification System (ETPS) and Individual Training Account (ITA) systems as described in 40 T.A.C. Chapter 841 to provide for E&T services for individuals participating in E&T services and paid for with Food Stamp E&T funds.

Source Note:The provisions of this §813.12 adopted to be effective September 3, 2001, 26 TexReg 6731; amended to be effective February 26, 2003, 28 TexReg 1657.