1. Except as otherwise provided in subsection 4, a person is not eligible to receive extended benefits for any week of unemployment in the person’s eligibility period if the Administrator finds that during the period he or she failed to:

(a) Accept an offer of suitable work or failed to apply for any suitable work to which he or she was referred by the Administrator;

(b) Actively engage in a systematic and sustained effort to obtain work; or

(c) Furnish tangible evidence that he or she had made such efforts.

2. Any person found ineligible for extended benefits pursuant to subsection 1 must also be denied benefits, beginning with the first day of the week after the week in which the person was found ineligible, until he or she has been subsequently employed for 4 weeks and has earned wages equal to not less than four times the weekly amount of the extended benefit.

3. As used in this section, “suitable work” means any work which is within the person’s capabilities and for which the gross average weekly wage:

(a) Exceeds the sum of:

(1) The amount, if any, of supplemental unemployment benefits (as defined in 26 U.S.C. § 501) payable to the person for the week; and

(2) The person’s weekly amount of extended benefits as determined pursuant to NRS 612.3776; and

(b) Is not less than the higher of:

(1) The minimum wage provided in 29 U.S.C. § 206, without regard to any exemption; or

(2) Any applicable state minimum wage.

4. No person may be denied extended benefits for failure to apply for or accept suitable work if:

(a) The position was not offered to the person in writing or was not listed with the Division;

(b) The failure does not result in a denial of benefits pursuant to NRS 612.390 to the extent that the criteria for suitability in that section are not inconsistent with the provisions of this section; or

(c) The person furnishes evidence satisfactory to the Administrator that the person’s prospects for obtaining work in his or her customary occupation within a reasonably short period are good. If the evidence is deemed satisfactory, the determination of whether work is suitable for the person must be made pursuant to NRS 612.390.

5. The Administrator shall refer any person entitled to extended benefits to any available suitable work.

(Added to NRS by 1981, 618; A 1983, 864; 1993, 1824; 2013, 99)