2. DET-APPS
3. TAA Policy Manual
4. Chapter 7) TAA Benefits Overview
5. 7.6 Training Services & Supplemental Assistance
6. Suitable Employment Guidance



TAA Policy Manual
Ch. 7) Program Benefits

Suitable Employment Guidance

Suitable Employment Guidance

The overarching goal of the TAA program is to return trade-affected workers to suitable employment whenever possible. In situations where the trade-affected worker is unable to obtain suitable employment, even with training, the goal of the program is to allow workers to compete for the highest paying employment achievable.¹ Whether suitable employment is available to the participant is determined during the initial assessment².

Definition

Suitable employment is work of substantially equal or higher skill level than the worker's adversely affected employment, that pays wages for such work that are at least 80 percent of the worker's average weekly wage from the affected employment. Part-time, temporary, short-term, or threatened employment is not considered to be suitable employment.³

• Substantially Equal or Higher Skill Levels: Career planners should use O*NET's SVP levels to establish "skill levels." Career planners will also assess the trade-affected worker’s preexisting skills, abilities, and education during the initial assessment.
  For unemployed participants, the SVP level of the trade-affected job and the participant's specific skills, abilities and education must be compared with the requirements of available employment in the current and projected labor market⁴. If a participant is already re-employed, then the O*NET SVP levels of the new job and the trade-affected employment must also be compared to determine if the new employment is "suitable."⁵
• Wages are "remuneration as defined by State law."⁶ Wisconsin defines "wages" broadly, including every form of compensation, direct or indirect, paid within a given period. This includes payment in kind, employee achievement awards, tips, deferred compensation, etc. Insurance coverage and pension payments do not count as wages.⁷
  However, when comparing layoff wages to the wages of job postings, the participant and the career planner are limited to the information contained in job postings, which may contain an hourly wage rate, annual salary amount, or range. Although the posting may contain reference to other benefits, commissions, or bonuses, these are not usually listed with a known value and are often not guaranteed. Where there is no known value of these benefits, bonuses, or commissions, the career planner should simply use the wage rate or annual salary amount in the posting to determine whether the wage portion of the definition of suitable employment has been met. Where there are definite benefits, commissions, or bonuses, those amounts should be included.⁸ To make a fair comparison, career planners should consider the same wage components from the layoff employment that are known for a posted job.
  Example: If a posted job only lists an hourly wage, only the hourly wage of the layoff employment would be included in a comparison. If a posted job includes a guaranteed bonus amount, then bonuses paid in the layoff job should also be included.
  If a job posting includes a pay range, the career planner should use the lowest wage listed to determine if the job would provide suitable employment. If a posting does not include a wage (e.g., the ad says pay is "based on experience"), then it cannot be determined that the job would provide suitable employment.

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• ¹ 85 FR 51904 and 51929
• ² 20 CFR 618.335
• ³ 20 CFR 618.110
• ⁴ 85 FR 51904
• ⁵ DOL Region V Guidance provided to TAA Unit via email dated 7/19/23
• ⁶ 20 CFR § 618.110
• ⁷ Wis. Stats. 108.02(26)
• ⁸ 85 FR 51904.