# WAG 03-13-01-b: FLSA and Deeming

## FLSA calculation:

Use the amount of benefits expected for that month.

If the TANF and SNAP household do not contain the same unit members, prorate the SNAP benefits plus the SNAP recoupment, if any, to determine the TANF unit's share.

1. Step 1: Determine the SNAP amount:
1. Add the SNAP benefit to SNAP recoupment;
2. Divide by number in SNAP unit;
3. Multiply by number in TANF unit.
2. Step 2: Determine the TANF amount:
1. Add the TANF payment + cash recoupment + sanction amount.
3. Step 3: Determine the assigned hours for a calendar month:
1. Add the SNAP amount (Step 1) to the TANF amount (Step 2);
2. Divide by State minimum wage (see WAG 25-06-08). Drop cents.
4. Step 4: Determine weekly participation hours:
1. Divide assigned hours for calendar month (Step 3) by 4. Round up to nearest hour.

The FLSA calculation of hours is done using for IL444-4044, Work Experience/Community Service Worksheet.

As long as the individual works the hours calculated by Form 4044, they meet the Core requirement.

### Rules for assigning hours in Work Experience, and Community Service:

1. Do not assign or count more hours than are calculated using the IL444-4044.
2. It is acceptable to use calculated hours to supplement the Core requirement if additional hours are needed to meet the case Participation Target. If more hours are still needed, supplement with any other Countable activity other than Work Experience or Community Service.
3. Do not assign hours above and beyond the Participation Target for the case. The person may volunteer to do more than their Target hours, but do not take negative action as long as the Participation Target is met.
4. If the Core requirement and Participation Target hours are the same, the Target is met once the Core requirement is met.

Example 1: Ms. Smith receives \$1,025 per month in TANF benefits for herself and 4 children, all of whom are age 6 and older. She also receives \$1,155 in SNAP benefits. There is no Cash or SNAP recoupment amount deducted. Her total benefits are \$2,180. Dividing the total benefits (\$2,180) by the state minimum wage (\$14.00) = 155. Place Ms. Smith in Work Experience for 155 hours each month ÷ 4 = 39 hours per week. Her Core requirement and Participation Target are met if she participates the number hours assigned.

Example 2: Ms. Oscar receives \$575 per month in TANF benefits for herself and her 2 year old child. She also receives \$535 in SNAP benefits. There is no Cash or SNAP recoupment. Her total benefits are \$1,110. Dividing the total benefits (\$1,110) by the minimum wage (\$14.00) = 79. Place Ms. Oscar in an activity covered by FLSA for 79 hours each month ÷ 4 = 20 hours per week. As long as she works 20 hours, her 20-hour Core requirement is met as she is a single parent caring for a child under age 6, and her Participation Target is also met by deeming up to 20 hours.

Example 3: Ms. Jones receives \$671 for herself and 2 children, all over age 6. Her normal cash benefit is \$725 however, Ms. Jones is sanctioned for not cooperating with an activity. She also receives \$766 in SNAP benefits. Divide the total benefits (\$1,491) by the minimum wage (\$14.00) = 106. Place Ms. Jones in Community Service at 106 hours each month ÷ 4 = 27 hours each week. Since the hours calculated are greater than the Core requirement, use 7 hours toward meeting the Participation Target. She will need 3 more hours in a non-FLSA activity to meet her 30-hour Participation Target.