Okla. Admin. Code § 340:50-5-46

Current through Vol. 42, No. 7, December 16, 2024

Section 340:50-5-46 - Strikers

(a)Definition. A striker is defined as anyone involved in a strike or concerted work stoppage by employees, including a stoppage by reason of the expiration of a collective-bargaining agreement, and any concerted slowdown or other concerted interruption of operations by employees, per Section 273.1 of Title 7 of the Code of Federal Regulations. Households with one or more members on strike are ineligible for Supplemental Nutrition Assistance Program (SNAP) food benefits unless the household received or was eligible to receive SNAP food benefits the day prior to the strike, per (c) of this Section.

(b)Persons not considered strikers. Persons who are not considered strikers include employees:

(1) affected by a lockout. A lockout occurs when an employer closes the workplace or otherwise bars employees from working in order to resist employee demands;

(2) unable to work as a result of striking employees;

(3) who are not part of the bargaining unit and do not want to cross a picket line due to fear of personal injury or death; or

(4) who are exempt from the work registration requirement, per Oklahoma Administrative Code (OAC) 340:50-5-86, the day before the strike for reasons other than employment.

(c)Income determination. When a household applies for SNAP food benefits after a household member goes on strike, eligibility at application is determined by comparing the striking member's income the day before the strike to the striker's current income. The worker considers the higher of the two as countable income for the striking member, adds the income to the non-striking members' current income, and allows the usual deductions, per OAC 340:50-7-31, to determine eligibility. When a household receives SNAP food benefits the day prior to the strike and reports a loss of income due to the strike, the worker does not increase the food benefit because of this income loss.

Okla. Admin. Code § 340:50-5-46

Amended at 9 Ok Reg 3843, eff 8-24-92 (emergency); Amended at 10 Ok Reg 821, eff 5-13-93; Amended at 20 Ok Reg 872, eff 6-1-03; Amended at 26 Ok Reg 840, eff 6-1-09

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021