Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-52500 - Wages (able and Available 500)

Current through Register Vol. 30, No. 28, July 12, 2024
A. A claimant should understand the import of
				any statement he makes regarding acceptable wages, and be aware of the
				prevailing rate. When it has been determined that a claimant has restricted the
				wages acceptable to him, an evaluation of the claimant's wage requirement is
				necessary to determine whether he is employable at the specified wage. The
				claimant's work history showing higher earnings and his possession of unusual
				abilities might result in employment at wages in excess of the prevailing rate.
				A claimant should be given a reasonable time in which to seek employment
				yielding comparable earnings, especially when the higher earnings appear due to
				superior ability. However, in time, when his continued unemployment clearly
				demonstrates that he must accept the prevailing rate if he is to obtain work in
				the particular locality, his refusal to accept the prevailing rate would render
				him unavailable for work.
B. In the
				absence of special circumstances, work at wages prevailing for his occupation
				in the community may be considered suitable for the claimant. Whether refusal
				of such work would render him unavailable depends upon whether such refusal
				results in his being inaccessible to a substantial number of work opportunities
				which the community affords. The fact that his restriction excludes some
				opportunities for suitable work is not conclusive that he is unavailable for
				work. If work in the particular locality in a particular occupation is quite
				standardized as to terms of employment and the vast majority of the local
				establishments provide rather uniform rates of pay for work in the claimant's
				occupation, a claimant's insistence upon higher wages for such work may result
				in his having only the slightest chance of becoming employed. Such a claimant
				would not be available for work.
C.
				In restricting acceptable wages to his former rate of pay, the claimant's
				availability is not impaired if there are reasonable prospects of reemployment
				at that figure in the near future.
D. A claimant who insists on union wages in a
				community where the union of which he is a member has agreements covering a
				substantial percentage of the jobs in the locality is not unduly restricting
				his availability. However, in a community where the union scale covers a very
				small percentage of jobs, such a restriction may render a claimant unavailable
				for work.
E. Claimants sometimes
				profess willingness to accept the prevailing wage scale on condition that they
				are guaranteed a higher wage by reason of overtime; a 48 rather than a 40-hour
				week; bonuses of one kind or another; or on condition they are guaranteed
				immediate promotion to a higher scale. Unless there is a substantial percentage
				of jobs in the locality subject to those conditions, the claimant is
				unavailable for work. (For a discussion of the method of determining prevailing
				wages, refer to
				R6-3-53500(B)
				of these rules.)