Section 811.29 - Special Provisions Regarding the Fair Labor Standards Act(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.40 Tex. Admin. Code § 811.29
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