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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Rail welfare trust not fully insured under ERISA
A rail-employer welfare trust asked whether revisions to its insurance certificate made its multiple employer welfare arrangement fully insured. EBSA said no: the trust remained first in line for…
2011 poverty guidelines for SCSEP
ETA instructed Senior Community Service Employment Program grantees to use the attached 2011 federal poverty guidelines, multiplied by 125 percent to set the program's low-income threshold, to…
Construction rules for tunnel concrete-hauling vehicles
A French manufacturer asked which U.S. construction standards applied to its specialized vehicle for moving concrete tunnel sections. Based on the photos and description, OSHA said the vehicle…
Unchanged 2011 federal civilian salary rates
ETA told state workforce agencies that the covered federal civilian pay rates in 2011 remained at 2010 levels. States could use the federal salary tables with other documentation to estimate…
2011 federal remuneration schedule for ex-servicemembers
ETA sent state workforce agencies the 2011 federal remuneration schedule used to determine unemployment compensation eligibility for ex-servicemembers. The attached schedule reflects military pay…
2009 TAA extension and February 2011 petition receipt deadline
ETA updated TEGL 16-10 to reflect a six-week statutory extension of the 2009 TAA amendments. It treated petitions received by February 14, 2011 as eligible for consideration under the 2009 rules and…
TAA merit staffing deadline extension
ETA updated TEGL 01-10 after Congress retroactively extended the deadline for states to adopt merit-based staff for TAA administration. States were to treat February 12, 2011 as the new deadline…
Handling contaminated stun gun darts
A firefighter asked whether used stun gun darts count as contaminated sharps and whether they may be put back into their firing cartridges. OSHA said skin-penetrating darts may carry blood or other…
No 2011 increase for Social Security and federal civilian pensions
ETA told state workforce agencies that Social Security survivor and old-age annuities and federal civilian pensions would have no 2011 cost-of-living increase. States that offset unemployment…
Minimum disaster unemployment benefits for early 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 follows a…
Effective audit measure for state unemployment employer audits
ETA introduced a state unemployment insurance employer audit measure covering audit coverage, wage changes, total wages audited and worker misclassifications found per audit. It explained state…
2011 WIA and Wagner-Peyser state plans
ETA gave states options for keeping WIA and Wagner-Peyser plans and waivers in place for program year 2011. It explained when plan modifications and new waiver requests were required and attached…
Temporary 2010 extended benefits look-back and nonreduction rule
ETA explained a temporary option for states to compare current unemployment rates with the preceding three years when determining extended benefit periods. It also reminded states of the EUC08…
2010 extension of emergency and extended unemployment benefits
ETA told state workforce agencies how the 2010 law extended Emergency Unemployment Compensation and temporary extended benefits, including eligibility and phase-out dates. Two attachments provide…
Phasing out 2009 TAA amendments
ETA initially instructed states how to phase out the 2009 Trade Adjustment Assistance amendments and classify worker groups by petition date, with a transition attachment. Change 1 later extended…
Increasing workforce credential attainment
ETA urged state and local workforce programs to increase participants’ attainment of postsecondary credentials, degrees and certificates. It discussed strategies, partner roles, performance…
Bloodborne pathogen coverage for school first aiders
A correspondent asked whether office staff expected to help students are covered by the bloodborne pathogens standard. OSHA said staff who routinely provide first aid with the employer’s knowledge…
Bloodborne pathogen safeguards for stun gun dart removal
A safety product company asked what employers must do when workers remove stun gun darts from people. OSHA explained how its bloodborne pathogens standard governs contaminated sharps, safer removal…
Deepwater Horizon oil spill reimbursement records
ETA instructed Gulf states on documenting workforce activities related to the Deepwater Horizon oil spill and seeking reimbursement from BP through its government-claims process. It addressed…
ACORN funding restrictions under 2010 appropriations
ETA updated grantee instructions after Congress barred distributing funds from the 2010 appropriations act to ACORN or its subsidiaries. It directed recipients to stop future obligations, address…
2011 TAA initial state allocations
ETA explained the formula for initial fiscal year 2011 Trade Adjustment Assistance training allocations and how states could request reserve funds for training, job search and relocation allowances.…
Entrepreneurship training in workforce programs
ETA encouraged workforce programs to support entrepreneurial and self-employment training under WIA. It discussed allowable activities, partner coordination, costs and outcome tracking for adults,…
Federal subaward and executive pay reporting
ETA explained Federal Funding Accountability and Transparency Act reporting for recipients of qualifying grants and cooperative agreements awarded from October 1, 2010. Prime recipients had to…
OSHA standards for rigging oil and gas drilling equipment
A drilling industry association asked whether OSHA’s general industry standards apply while crews rig equipment up or down. OSHA answered yes, distinguishing those operations from site preparation…
Revisions to ETA 581 unemployment contribution operations report
ETA revised the ETA 581 report and related handbooks to remove unused delinquency items, add reporting on unemployment tax-rate manipulation, and count all unreported workers found in audits. Four…
Small vehicles and the motor-carrier overtime exemption
WHD said employees of motor carriers who work, even in part, on certain vehicles weighing 10,000 pounds or less may be entitled to FLSA overtime in that workweek despite the motor-carrier exemption.…
State communication tool for emergency unemployment claims
ETA told state workforce agencies about a web tool for exchanging information when a person receiving EUC08 might also qualify for regular unemployment compensation in another state. The attachment…
HAZWOPER cleanup training and hazardous materials technician courses
A state emergency response commission asked whether a 160-hour hazardous materials technician course automatically meets HAZWOPER training requirements for cleanup work. OSHA said it does not…
State unemployment data validation operations guide
ETA gave state workforce agencies an operations guide for the Benefits and Tax applications of its unemployment insurance Data Validation software. The attached guide contains the step-by-step…
Flame-resistant clothing during oil and gas drilling
A drilling industry association asked when OSHA’s 2010 policy called for flame-resistant clothing near active hydrocarbon zones. OSHA said employers must identify active hydrocarbon zones before…
Portland cement and hexavalent chromium enforcement guidance
OSHA regional officials asked how to assess eyewash stations, washing facilities, and long sleeves during construction work with portland cement. OSHA said these issues depend on the site and…
Hexavalent chromium exposure and surface monitoring
A contractor asked whether infrequent chromium work must be staged to meet scheduled air-monitoring intervals and whether every cleaned surface needs wipe sampling. OSHA said jobs need not be…
Minimum disaster unemployment benefits for late 2010
ETA sent state workforce agencies a table of minimum weekly Disaster Unemployment Assistance amounts for major disasters declared October 1 through December 31, 2010. Most amounts use half a…
WIA annual report narrative guidance
ETA told states what to include in the narrative part of their WIA annual performance reports and how to submit it. It rescinded TEGL 14-00 Changes 2 and 3. TEGL 7-11 later rescinded this guidance.
Changed federal assistance catalog numbers
ETA told grantees that new WIA Dislocated Worker grants issued after June 30, 2010 would use four more specific Catalog of Federal Domestic Assistance numbers in place of 17.260. Older grants…
Bloodborne pathogens training outside regular shifts
A paramedic asked whether annual bloodborne pathogens training had to occur during a regularly scheduled shift. OSHA said the standard requires training during working hours, which it interpreted as…
Proposed effective audit measure for unemployment employer audits
ETA proposed changing how state unemployment insurance employer audits are evaluated, including detection of worker misclassification, and asked states for comments. The attachment shows sample…
2011 substantial unemployment area designations
ETA instructed states to designate areas of substantial unemployment for WIA funding beginning July 1, 2011. It specified the 6.5 percent unemployment threshold, geographic rules and October 8, 2010…
Recovery Act workforce performance reporting
ETA clarified and consolidated Recovery Act performance reporting for WIA and Wagner-Peyser programs, including youth work experiences, self-service participants and revised data fields. Four…
Clothing and decontamination for Class II asbestos work
An asbestos contractor asked whether workers may wear street clothes under protective suits during Class II work and what decontamination is needed. OSHA said this can be permissible for the work…
2010 guidance on interstate emergency unemployment benefits
ETA answered questions about EUC08 extensions and clarified which state should assess a claimant’s possible regular unemployment entitlement when more than one state is involved. Three attachments…
2010 poverty guidelines for SCSEP
ETA directed Senior Community Service Employment Program grantees to use the attached 2010 federal poverty guidelines, multiplied by 125 percent where required, to determine or recertify participant…
Voluntary smoke escape hoods at work
A manufacturer asked whether employers could let workers use smoke escape hoods only to evacuate during a fire. OSHA said the answer depends on the work conditions and distinguished voluntary escape…
Equivalent barriers for controlled decking zones
A construction questioner asked what barriers can substitute for control lines around a controlled decking zone. OSHA said an alternative must restrict access, clearly mark the boundary, and be…
YouthBuild match and construction costs
ETA explained which construction materials and related costs may be charged to a YouthBuild grant or counted toward its required 25 percent match. An attachment classifies selected costs as…
Recovery Act on-the-job training grants
ETA described the one-time Recovery Act funding for On-the-Job Training National Emergency Grants, including participant and employer rules, grant planning, and reporting. The attachment provides an…
Tax Performance System handbook updates for SUTA dumping reviews
ETA sent states replacement pages for the Tax Performance System handbook. They revise reviews of state systems for detecting unemployment tax-rate manipulation and sampling employer payments. ETA…
Construction safety training in languages workers understand
A construction questioner asked whether workers must communicate in English to understand safety instructions. OSHA said its construction standards do not require English, but employers must present…
2010 extension of emergency unemployment compensation and extended benefits
ETA explained the 2010 extension of EUC08 and federal funding for Extended Benefits, as well as the phaseout of Federal Additional Compensation. Attachments provide key dates, questions and answers,…
2010 workforce information grants
ETA set program year 2010 application, spending and deliverable rules for Workforce Information Grants to States. Seven attachments include state allocations, grant procedures, required work…
Second 2010 TAA training fund distribution
ETA supplemented TEGL 9-09 with the formula and state amounts for the second fiscal year 2010 distribution of Trade Adjustment Assistance training funds. The attached table gives state allocations.…
Separate YouthBuild grant-year funds
ETA clarified that YouthBuild grantees with overlapping 2007 or 2008 and 2009 awards must operate separate participant cycles, allocate costs by award, and file separate reports. A participant…
TAA merit staffing and training fund rule
ETA guided state agencies on the 2010 rule requiring merit staffing for Trade Adjustment Assistance functions and setting the formula for distributing training funds. Attachment A is a fact sheet on…
Structural ramps and trench egress in excavations
A construction questioner asked who may design excavation ramps and whether steps cut into sloped soil can serve as trench exits. OSHA said a competent person may qualify for multiple tasks if…
Minimum disaster unemployment assistance for July through September 2010
ETA sent states a table of minimum weekly Disaster Unemployment Assistance amounts for major disasters declared July 1 through September 30, 2010. Most amounts use half the jurisdiction’s average…
2010–2011 Native American workforce grants
ETA announced final two-year WIA section 166 grantee designations and program year 2010 funding allocations for Indian and Native American adult and youth services. Attachments A and B list the…
Recovery of fraudulent unemployment debts from federal tax refunds
ETA revised procedures for states to recover certain fraudulent unemployment debts from federal income tax refunds. Before referral, the state must establish that the debt is legally enforceable and…
Fiscal year 2011 state unemployment insurance resource planning targets
ETA gave states preliminary fiscal year 2011 funding and staffing targets for unemployment insurance administration and explained how it calculated them. Three attachments contain state allocations,…
Clothes changing under FLSA section 3(o)
WHD interpreted the section 3(o) exclusion for changing clothes under a collective bargaining agreement and said qualifying clothes changing can still begin the compensable workday. The official PDF…
Winding stairways, railings and containment dikes
An engineer asked OSHA about landings, tread dimensions, railings, and open sides on winding industrial stairs, plus whether storage-tank dikes are confined spaces. OSHA answered each under the…
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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.