Federal Labor Guidance
Free plain-English summaries of opinion letters, administrative policies, and interpretive notices from the U.S. Department of Labor, with the current status and the official source on every page.
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National effort to reduce improper unemployment payments
ETA called on state workforce agencies to prioritize unemployment insurance payment integrity and develop state-specific ways to prevent and reduce improper payments. It described a national…
Revised tax portion of unemployment data validation handbook
ETA transmitted a revised tax portion of its unemployment insurance Data Validation Handbook and instructed states to replace the July 2008 edition. The attached handbook supplies the revised…
Proposed unemployment insurance integrity performance measure
ETA proposed a state performance measure targeting unemployment insurance benefit-year earnings fraud overpayments and invited comments from state agencies. Two attachments gave baseline rates and…
Hazard communication article exemption for corrosion inhibitor films
A manufacturer asked whether vapor corrosion inhibitor paper and film are exempt 'articles' under the hazard communication rule. OSHA said the maker must reasonably establish that the product meets…
2011 WIA youth program guidance
ETA gave state and local workforce programs guidance for WIA youth activities in program year 2011. It addressed service priorities, education and credential attainment, work experience and program…
2011 WIA allotments for outlying areas
ETA supplemented TEGL 26-10 with program year 2011 WIA allotments for American Samoa, Guam, Northern Marianas, Palau and the Virgin Islands. The change provides youth, adult and dislocated worker…
Negotiating 2011 WIA performance goals
ETA told states how to negotiate program year 2011 WIA and Wagner-Peyser performance and customer satisfaction goals for incorporation into state strategic plans. It rescinded TEGL 23-09. Change 1…
Federal financial reporting definitions
ETA defined disbursements, expenditures and obligations for its grantees so federal financial reports would use those terms consistently. The letter relates the definitions to grant agreements,…
Treasury tax refund offsets for unemployment debts
ETA updated state procedures for using the Treasury Offset Program to collect unemployment compensation debts arising from fraud or work while claiming benefits. It addressed certification, tax…
2009 WIA incentive grant applications
ETA updated the application process for WIA Section 503 incentive grants based on program year 2009 performance. It explained eligibility, award amounts, authorized uses and application materials…
Total unemployment rate calculation for extended benefit triggers
ETA explained how it calculates the total unemployment rate look-back comparison used to decide when a state’s extended unemployment benefit period begins or ends. It changed the treatment of the…
Gloves when reading incubated laboratory cultures
A laboratory safety adviser asked whether technologists must wear gloves while reading and subculturing incubated bacterial plates. OSHA said employers must assess potential contact with biological…
Hepatitis B vaccination for collateral-duty first aiders
A care provider asked whether companion-sitters who give first aid only as an incidental duty must be offered hepatitis B vaccination before exposure. OSHA said designated first aiders are generally…
Ammonia exposure while refilling diesel exhaust fluid tanks
An attorney asked whether truck drivers refilling diesel exhaust fluid tanks were covered by OSHA and what protection was required against ammonia vapor. OSHA said no other federal agency had…
2010 performance reporting and validation timelines
ETA set program year 2010 quarterly and annual reporting and data validation timelines for WIA, TAA and other workforce programs. It expressly rescinded TEGL 31-09. Change 1 later reissued the…
2011 WIA and Wagner-Peyser allotments
ETA issued program year 2011 WIA adult, dislocated worker and youth allotments, final Wagner-Peyser Employment Service amounts, and workforce information grant allocations. Eight attachments provide…
2011 SCSEP planning and allotments
ETA instructed Senior Community Service Employment Program applicants on program year 2011 grants. It specified application materials, funding allotments, participant transition planning and a June…
2010 TAA data validation waiver
ETA told states that Trade Adjustment Assistance data element validation was not required for fiscal year 2010 while states implemented the revised reporting system. It stressed that the waiver was…
Sprinklers for underground coal conveyors
MSHA explains sprinkler installation and arrangement for underground coal mine belt conveyors and takeup storage units. It says sprinkler protection must address the full takeup area when sprinklers…
Prohibited H-2A recruiter fees
WHD said H-2A employers must contractually forbid recruiters and agents from charging workers prohibited fees related to labor certification. A contract clause alone may not protect an employer that…
2011 workforce appropriations and 2010 fund rescission
ETA summarized fiscal year 2011 employment and training appropriations and explained the required 0.2 percent rescission of prior advance WIA Adult and Dislocated Worker formula funds. Two…
WHD certification of U visa forms
WHD set procedures for deciding whether to certify U visa Supplement B forms when qualifying criminal activity relates to a workplace matter it enforces. It describes investigation, review,…
Smoke escape hoods for building area monitors
A protective equipment maker asked whether employees assigned to check and guide building evacuation may wear smoke escape hoods while performing those tasks. OSHA said the hoods are for escape…
Stable-value wrap limits and QPAM independence
A bank asked whether a stable-value wrapper’s negotiated investment limits gave it prohibited control over a plan asset manager’s agreement. EBSA said the described limits did not amount to…
Consolidation of ETA 204 and ETA 205 employer tax reports
ETA told state workforce agencies that the ETA 205 report on preliminary average employer contribution rates would end and its information would move into the ETA 204 Experience Rating Report. The…
Exposure limits on blended coating safety sheets
A coatings association asked whether paint makers must copy a solvent supplier's calculated exposure limit onto the safety sheet for a finished blend or calculate a new limit. OSHA said the…
Approval of mine communication and tracking devices
MSHA explains how its approval center evaluates communication and tracking devices intended to keep working after an underground mine emergency. The policy treats those systems as telephone or…
2011 WIA Section 166 strategic planning
ETA gave WIA Section 166 Indian and Native American grantees instructions for one-year Comprehensive Services and Supplemental Youth Services plans for program year 2011. Seven attachments supply…
Disposal of urine specimen containers
A medical clinic asked whether all urine sample containers must go into red bags or biohazard-labeled regulated waste containers. OSHA said its bloodborne pathogens container rule applies only to…
Completion and publication of 2010 UI benefit accuracy data
ETA gave state workforce agencies key dates and instructions for closing 2010 unemployment Benefit Accuracy Measurement cases and preparing the annual data for publication. Two attachments show…
Caterpillar diesel engine approval plate
MSHA says the Caterpillar Model 3306 PCNA diesel engine may be used in permissible equipment even when its existing plate shows Category B approval. The engine also has Category A approval, but the…
Facial hair and firefighter respirator seals
A firefighter asked how OSHA treats facial hair when using respiratory protection. OSHA said its rule does not ban facial hair outright, but an employee may not wear a tight-fitting respirator if…
End of temporary WOTC target groups
ETA told state workforce agencies that the Recovery Act’s two temporary Work Opportunity Tax Credit target groups ended December 31, 2010. It gave procedural instructions for handling certification…
Flame-resistant clothing policy for oil and gas work
An oil and gas services association asked about OSHA's flame-resistant clothing policy for drilling, servicing and production work. OSHA said the 2010 policy then applied to operations with…
Flame-resistant clothing for oil and gas operations
An oil and gas trade association asked about OSHA’s flame-resistant clothing policy. OSHA said the clothing was required for certain flash-fire hazards, denied a general supply-shortage waiver, and…
Rapid hepatitis C testing after workplace exposure
An infection control specialist asked whether a laboratory violates OSHA's bloodborne pathogens rule by using an approved hepatitis C test instead of a rapid one after a worker's exposure. OSHA said…
Minimum disaster unemployment benefits for spring 2011
ETA sent state workforce agencies a table of minimum weekly Disaster Unemployment Assistance amounts generally based on half of each state's average weekly unemployment benefit; Guam's minimum was…
Neck protection when workers use power saws
A member of the public suggested requiring hockey-style neck protectors after a fatal power-saw kickback. OSHA said it had no specific neck-protection policy for power saws. Applicable saw guarding…
Retiring expired TAA petition forms
ETA gave states until June 30, 2011 to replace expired English and Spanish TAA petition forms. From July 1, petitions on the old April 2009 forms would be invalid; states were to use January 2011…
Health tax credit after 2009 Recovery Act expansions expired
ETA told state workforce agencies how to identify and report trade adjustment recipients for the Health Coverage Tax Credit after temporary Recovery Act expansions ended. It said the credit reverted…
Instructor interaction during OSHA safety training
A training provider asked whether every OSHA-required course needs an instructor present or someone available to answer questions immediately online. OSHA said no blanket rule applies: each standard…
Toilets and mobile crews at HAZWOPER sites
A consultant asked whether a four-week hazardous cleanup crew could be treated as mobile and rely on off-site toilets. OSHA said workers staying at one site for days or weeks are not a mobile crew,…
2010 WIA dislocated worker fund reallotment
ETA adjusted program year 2010 WIA Dislocated Worker allotments after two states had unobligated program year 2009 funds exceeding 20 percent of their allotments. It recaptured $408,982 from the FY…
2010 federal changes to unemployment debt collection and new-hire reports
ETA explained 2010 federal amendments that expanded tax refund offsets for certain unemployment compensation debts and changed information employers must report for new hires. It included the…
Baseline hearing tests after an employer takeover
A physician asked whether a company buying a workplace can reset hearing-test baselines for workers returning to noisy jobs. OSHA said it generally must use valid baseline audiograms transferred by…
Chromium protective clothing and hygiene for welders
An employer asked whether welders above the hexavalent chromium air limit must follow protective clothing and hygiene rules. OSHA said the cited clothing and change-room provisions turn on likely…
Skewed framing and steel-joist column stability
A steel building company asked whether two framing members meeting a column at an angle other than 90 degrees count as framing in two directions. OSHA said a qualified person must determine whether…
Kitchen clothing and burn hazards
An EEOC official asked whether wearing a skirt in a restaurant kitchen is a safety hazard. OSHA said it has no specific skirt policy and could not decide from the limited facts. Exposed skin can…
Newer ANSI safety sign and marking standards
A safety professional asked whether OSHA would adopt newer ANSI standards for safety signs and physical hazard colors. OSHA said adoption requires rulemaking and could not be done through an…
Additional IT security guidance for state unemployment systems
ETA gave state workforce agencies additional guidance on federal information system security standards. It encouraged security assessments and identified FIPS and NIST publications to use for…
2011 TAA and ATAA petition forms
ETA directed states to make revised Trade Adjustment Assistance and Alternative TAA petition forms available from February 15, 2011 as program rules reverted to the 2002 amendments. Attached English…
FY 2011 reemployment and eligibility assessment grants
ETA invited states to apply for FY 2011 unemployment insurance reemployment and eligibility assessment grants, including expansions of existing programs. It set program and proposal requirements and…
Title XII unemployment advance interest rate for 2011
ETA announced that Treasury would charge 4.0869 percent interest on repayable Title XII unemployment insurance advances during calendar year 2011. It reminded states how to fund interest payments…
TAA operation after February 2011 reversion
ETA told states how to operate Trade Adjustment Assistance after the 2009 amendments ended and the earlier 2002 provisions again governed petitions received from February 15, 2011. It distinguished…
Affiliated broker selection by plan investment manager
An investment manager asked whether it could select brokers affiliated with a minority shareholder of its parent company for plan transactions. EBSA said the described brokers were not related to…
Florida health programs as MEWAs outside ERISA plan status
Florida regulators asked whether two health benefit programs could avoid state insurance regulation through ERISA. EBSA said the arrangements were multiple employer welfare arrangements but did not…
Using welfare-plan demutualization proceeds
A transport company asked how its welfare plan could use proceeds from an insurer’s demutualization. EBSA said, absent contrary plan terms, plan-asset proceeds may benefit all current participants…
IRA purchase of its owner’s promissory note
An IRA owner asked whether the IRA could buy a bank-held note on which the owner and spouse owed payments. EBSA said the resulting continuing debtor-creditor relationship would be a prohibited…
No 2011 cost-of-living increase for military pensions
ETA told state workforce agencies that federal military retired pay would receive no cost-of-living increase in 2011. It asked states whose unemployment laws offset benefits by pension payments to…
Tribal domestic relations orders and ERISA plan division
An employer asked whether Navajo Nation court orders could divide ERISA plan benefits as qualified domestic relations orders. EBSA said a tribal order may qualify if a state with jurisdiction…
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These are official interpretive documents from the U.S. Department of Labor: opinion letters answering questions from employers and workers, administrative policies, and interpretive notices. They show how the agency applies wage-and-hour and workplace law to real situations, but they are guidance, not statutes or court decisions, and the agency can supersede or withdraw them. Every page above shows the document's current status, when that status was last verified, and a link to the official source.