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

PM 03-13-01-b

FLSA calculation:

Use the amount of benefits expected for that month.

If the TANF unit and the SNAP unit are not the same, 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 Work Experience/Work First/Community Service Worksheet (Form 4044).

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 by Form 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 ExperienceDeleted manual textor 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. S receives $509 per month in TANF benefits for herself and 4 children, all of whom are age 6 and older. She also receives $465 in SNAP benefits. There is no cash or SNAP recoupment amount deducted. Her total benefits are $974. Dividing the total benefits ($974) by the state minimum wagerevised manual text ($12.00) = 81. Place Ms. S in Work Experience for 81 hours each month ÷ 4 = 20 hours per week. Her Core requirement and Participation Target are met if she participates the number hours assigned.

Example 2: Ms. O receives $292 per month in TANF benefits for herself and her 2 year old child. She also receives $190 in SNAP benefits. There is no cash or SNAP recoupment. Her total benefits are $482. Dividing the total benefits ($482) by the minimum wageRevised manual text($12.00) = 40. Place Ms. O in an activity covered by FLSA for 40 hours each month ÷ 4 = 10 hours per week. As long as she works 10 hours, her 20-hour Core requirement is met through deeming. As she is a single parent caring for a child under age 6, her Participation Target is also met by deeming up to 20 hours.

Example 3: Revised manual textMs. X receives $412 for herself and 2 children, all over age 6. Her normal cash benefit is $549. Ms. X is sanctioned for not cooperating with child support. She also receives $658 in SNAP benefits. Divide the total benefits ($1207) by the minimum wage ($12.00) = 100. Place Ms. X in Community Service 100 hours each month ÷ 4 = 25 hours each week. Since the hours calculated are greater than the Core requirement we can use 5 hours toward meeting the Participation Target. She will need 5 more hours in a non-FLSA activity to meet her 30-hour Participation Target.