(a) A Board shall ensure that employment and training
activities are conducted in compliance with FLSA as follows.
  (1) The amount of time per week that a Choices participant
may be required to participate in activities that are not exempt from
minimum wage and overtime under FLSA shall be determined by the TANF
cash assistance and SNAP benefits amount being divided by the minimum
wage, so that the amount paid to the Choices participant is equal
to or more than the amount required for payment of wages, including
minimum wage and overtime; or
  (2) The amount of time per week that a sanctioned family
or conditional applicant may be required to participate in activities
that are not exempt from minimum wage and overtime under FLSA shall
be determined by the SNAP benefits amount being divided by the minimum
wage, so that the amount paid to the sanctioned family is equal to
or more than the amount required for payment of wages, including minimum
wage and overtime; and
  (3) If a Board provides activities that meet all of
the following categories, the activity is considered training under
FLSA and minimum wage and overtime are not required:
    (A) The training is similar to that given in a vocational
school;
    (B) The training is for the benefit of the trainees;
    (C) The trainees do not displace regular employees;
    (D) The employers derive no immediate advantage from
trainees' activities;
    (E) The trainees are not entitled to a job after training
is completed; and
    (F) The employers and trainees understand that trainees
are not paid.
(b) The number of hours that a Choices participant
is required to participate in community service or another unpaid
work activity shall be determined in compliance with FLSA as described
in subsection (a) of this section. If a Choices participant's hours
of community service or other unpaid work activity are not sufficient
to meet the participation requirement as set forth in §811.25(a)
- (c), the Choices participant shall be enrolled in additional non-FLSA-covered
activities.


Source Note: The provisions of this §811.29 adopted to be effective February 26, 2007, 32 TexReg 906; amended to be effective September 29, 2008, 33 TexReg 8192; amended to be effective January 8, 2013, 38 TexReg 180