Able and Available AA 500 - Fact Finding Guide

Wages And Time

If the claimant is restricting his/her availability to part-time work, it must first be determined whether the claimant meets the part-time work criteria under UI Code Section 1253.8 (refer to BDG AA5 for a complete discussion of the part-time work criteria).

  • If the claimant meets the criteria to restrict to part-time work under UI Code Section 1253.8, no further investigation is necessary. The claimant would be approved for part-time work regardless of the reason why the claimant is restricting his/her availability.
  • If the claimant does not meet the criteria to restrict to part-time work under UI Code Section 1253.8, then the claimant’s eligibility must be adjudicated under UI Code Section 1253 (c). Continue with the fact finding questions below.

Fact Finding Guide


  1. Is the claimant’s wage requirement a restriction, or merely a preference?
  2. If the claimant has imposed a wage restriction, what is the claimant’s reason for the restriction?
  3. What is the local prevailing wage range for persons with the claimant’s experience and qualifications? (Document the source of the information.)
  4. Is the claimant’s wage demand within the prevailing wage range? If not,
    1. Is the claimant aware of prevailing wages for the local labor market?
    2. Does the claimant’s wage restriction materially reduce his or her job prospects?
    3. If all factors indicate the claimant should lower his or her wage restriction, is the claimant willing to do so? (Will lowering the wage restriction materially improve the claimant’s job prospects?)
  5. If the claimant has more than one customary occupation, is he or she willing to accept the prevailing wage for all occupations?
  6. What are the claimant’s prospects of obtaining work with his or her wage restriction?
  7. If the claimant restricts to union wages, is he or she a union member in good standing?
    1. Is disciplinary action imposed by the union for acceptance of nonunion wages?
    2. Does a labor market exist for union members?


  1. Has the claimant merely expressed a preference or imposed a true restriction on work time?
  2. What are the usual and customary hours, days, or shifts for the claimant’s occupation in the local labor market area? (Document the source of the information.)
  3. What restrictions has the claimant placed regarding hours, days, or shifts?
  4. Why has the claimant placed restrictions upon time?
    1. Is the reason a compelling reason?
    2. If the reason for the restriction is compelling, what has the claimant done to attempt to remedy the situation to avoid imposing the restriction?
    3. What amount of the labor market is eliminated by imposition of the restriction?
  5. If the claimant refuses to consider temporary work or will accept only temporary work, why does he or she impose this restriction?
    1. Is the reason for the restriction compelling?
    2. What effect does the restriction have on the claimant’s labor market?