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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2010 funding for state unemployment system improvements
ETA offered states one-time supplemental funds for technology projects to improve unemployment services for claimants and employers. The letter explains project scoring, spending deadlines and grant…
2009 workforce reporting and validation timelines
ETA set program year 2009 and fiscal year 2010 reporting deadlines for several workforce programs and data-validation deadlines for specified programs. The Native American section describes…
2010 funding for automated unemployment overpayment controls
ETA offered states one-time supplemental funds for technology to prevent, detect and recover unemployment overpayments. It described eligible projects, scoring and spending deadlines; three…
Layoff aversion and incumbent worker training
ETA defined when a layoff is averted and described strategies for using incumbent worker training to retain jobs. It instructed states with approved WIA waivers on using local or Rapid Response…
Native American workforce plan extension
ETA gave designated WIA section 166 Indian and Native American grantees the option to extend their 2008–2009 adult and youth strategic plans through program year 2010. Five attachments provide plan,…
Reporting asbestos bulk sample percentages
A state health official asked whether OSHA accepted a federal environmental agency’s rounding method for bulk asbestos sample results. OSHA said that interpretation does not apply in every…
Federal Additional Compensation nonreduction rule
ETA answered state questions about the nonreduction rule for the former $25 Federal Additional Compensation supplement. The attached questions and answers distinguish changes to a weekly benefit…
WOTC youth self-attestation clarification
ETA clarified how employers may submit the Youth Self-Attestation Form for the Recovery Act Disconnected Youth target group and how state workforce agencies may process it. The attachments provide…
2010 SCSEP grant planning and allotments
ETA instructed Senior Community Service Employment Program grant applicants on program year 2010 applications, allotments, deadlines and required forms. Ten linked attachments include funding…
Electrical protective clothing and heat stress
An electrician asked whether workers could switch from heavy flame-resistant uniforms to lighter clothing for routine tasks in hot weather. OSHA said employers must protect workers from electrical…
2010 WIA youth program guidance
ETA guided states and local workforce boards on program year 2010 WIA youth activities, drawing on 2009 Recovery Act summer employment experience. It discusses work experience design, employer…
2009–2010 WIA waiver policy and decisions
ETA explained WIA waiver authority, decisions and conditions for program years 2009 and 2010, including youth employment and reporting flexibility. It gave states procedures for requests and…
Using state unemployment funds for costs of nonfederal benefit loans
ETA clarified when states may use particular unemployment fund transfers to pay interest and administrative costs on nonfederal loans taken to pay benefits. It says Reed Act money and modernization…
2008 WIA incentive grant applications
ETA updated the application process for states eligible for Workforce Investment Act section 503 incentive grants based on program year 2008 performance. It specifies eligible uses, award amounts…
Fiscal year 2011 state unemployment quality service plans
ETA gave state workforce agencies supplemental instructions and requirements for their fiscal year 2011 Unemployment Insurance State Quality Service Plans. Two attachments provide planning and…
Health coverage tax credit emergency grants
ETA explained Health Coverage Tax Credit National Emergency Grant resources for health insurance premiums and support services for eligible TAA recipients and others. It covered application,…
Storage position of empty compressed gas cylinders
A construction questioner asked whether empty compressed gas cylinders may lie on the ground during storage. OSHA said the upright-storage rule applies to empty as well as full cylinders, with a…
Falling-object protection for off-road truck cabs
A construction company asked whether an off-road truck with an ISO-rated falling-object protective cab met OSHA’s cab shield requirement. OSHA said it would comply for the described use if the…
Arc welding machines in wet weather
A construction questioner asked whether portable arc welders can be used during rain or other wet weather. OSHA said the cited welding standards do not prohibit it, but employers must address…
Control lines for leading-edge construction work
A construction questioner asked if a control line could be tied to a temporary stanchion ten feet from a leading edge. OSHA said a controlled access zone is available only if conventional fall…
2010 additional SCSEP funding plans
ETA instructed selected SCSEP grantees on implementing one-time fiscal year 2010 additional funding, including participant enrollment, service areas, separate financial reports and grant plans.…
2010 WIA performance goal negotiations
ETA instructed states on negotiating program year 2010 WIA and Wagner-Peyser performance and customer-satisfaction goals, including proposed levels and negotiation procedures. Seven attachments…
Monitoring states with delayed unemployment payments and appeals
ETA described how it would identify states with chronic delays in first unemployment payments or first-level appeal decisions and give their 2011 quality service plans extra attention. The letter…
2010 farmworker job training plans
ETA gave National Farmworker Jobs Program grantees program year 2010 job-training grant plan instructions under WIA section 167. Two attachments provide state and California sub-state allocation…
Audiometer calibration using an updated ANSI coupler
An audiometer supplier asked whether a newer artificial-ear coupler and ANSI calibration values could be used under OSHA’s noise standard. OSHA said a letter cannot adopt a newer standard without…
Minimum disaster unemployment assistance for April through June 2010
ETA sent states minimum weekly Disaster Unemployment Assistance amounts for major disasters declared April 1 through June 30, 2010. The attached table computes the amounts using half of each state’s…
April 2010 extension of temporary unemployment benefits
ETA told states how an April 2010 law extended EUC08, Federal Additional Compensation and temporary federal funding for Extended Benefits. The attachment lists the revised dates for those temporary…
2010 WIA and Wagner-Peyser state plans
ETA explained options for states to maintain approved WIA and Wagner-Peyser plans and waivers for program year 2010 and when plan modifications were required. It also sought volunteers to test a…
Revised ETA 191 report for federal employee unemployment costs
ETA sent states replacement handbook pages for the ETA 191 quarterly report, which records unemployment benefits charged to federal agencies for former federal employees and service members. The…
Baluster spacing on an industrial truck work platform
A construction questioner asked how many guardrail balusters were needed on a truck work platform with an entry gate. OSHA could not give an exact count without the gate’s location and protective…
2010 foreign labor certification grant plans
ETA gave state workforce agencies fiscal year 2010 Foreign Labor Certification grant allocation and management instructions, including state roles, funding, performance and reporting. Three…
Strength of small manhole covers in construction
A construction questioner asked whether a small manhole cover must support twice the axle load of a passing vehicle. OSHA said the full axle-load rule did not apply to the described cover because…
Repairing damaged construction extension cords
A construction questioner asked whether an electrician could replace a damaged extension cord plug and return the cord to use. OSHA said repairs are permitted if they restore the cord to the…
Falling-object and fall protection on suspension scaffolds
A construction questioner asked seven questions about single-point suspension scaffold members, canopies, falling-object protection, lifelines, and backup supports. OSHA said a canopy can be used if…
2010 WIA and Wagner-Peyser allotments
ETA announced program year 2010 allotments for WIA adult, dislocated worker and youth activities, Wagner-Peyser employment services, and state workforce information grants. Eight attachments provide…
2010 funding for unemployment IT security and contingency plans
ETA offered states fiscal year 2010 supplemental funds to develop or update unemployment IT contingency plans and improve system security. The letter gives request instructions; its attachments…
Toeboards at construction scaffold access points
A construction questioner asked whether a toeboard is required across a scaffold access opening. OSHA said the rule requires a toeboard or a barricaded area below when tools or materials could fall,…
Double-wrapped steel wire for scaffold bracing
A construction questioner asked whether double-wrapped No. 9 steel wire could be used to guy or brace a scaffold. OSHA said it can under the strength and installation conditions described in the…
Mortgage loan officers and the administrative exemption
WHD examined mortgage loan officers whose main duties were finding customers, collecting information, and selling mortgage products. It concluded those typical duties were sales work rather than…
2010 farmworker housing assistance plans
ETA instructed National Farmworker Jobs Program housing assistance grantees on submitting program year 2010 grant plans under WIA section 167. The planning requirements appear in the letter; its…
Fall protection on aerial lifts working over water
A construction company asked whether workers in an aerial lift over water may unhook a fall arrest lanyard while wearing a life vest. OSHA said the aerial-lift fall protection rule did not address…
HEART Act treatment of overseas work under federal unemployment tax
ETA explained that the 2008 HEART Act expanded Social Security and Medicare tax coverage for some U.S. citizens working abroad for controlled foreign subsidiaries under U.S. government contracts.…
Flame-resistant clothing enforcement in oil and gas work
OSHA issued a memorandum to its regional officials on when to cite employers for failing to provide flame-resistant clothing in oil and gas operations. It identified drilling near active hydrocarbon…
Quarterly WIA record data submissions
ETA instructed states to submit Workforce Investment Act Standardized Record Data quarterly rather than annually, include participant files, and use updated edit checks beginning with the third…
Disinfecting examination tables and worker chemical exposure
A clinic worker asked whether soap and water could replace a disinfecting wipe used on examination tables after an allergic reaction. OSHA said blood or other potentially infectious material…
Revised unemployment benefits data validation handbook
ETA replaced the benefits portion of the Unemployment Insurance Data Validation Handbook and told states to adjust their procedures. The attached handbook contains detailed validation instructions…
March 2010 extension of temporary unemployment benefits
ETA told state agencies how a March 2010 law extended the EUC08 program, the Federal Additional Compensation supplement and temporary federal funding for Extended Benefits. The letter gives the…
Recovery Act WOTC certification processing
ETA and IRS revised processing guidance so state workforce agencies could accept and process Recovery Act WOTC certification requests submitted in and after 2009 under stated conditions. The…
2010 WOTC state allotments
ETA gave state workforce agencies fiscal year 2010 funding allotments for administration of the Work Opportunity Tax Credit program, covering October 2009 through September 2010. Two attachments…
Asbestos containment plastic and equivalent materials
A sheeting manufacturer asked whether one layer of its 12 mil material could substitute for two layers of 6 mil plastic in asbestos work. OSHA said the cited provisions allow equivalent protection…
Clearing drilled holes near loaded blasting holes
A blasting contractor asked if a drill could clear mud or water from a previously drilled hole near loaded holes. OSHA said the general 50-foot restriction does not bar drilling that is necessary to…
Traditional annuity annual-reporting treatment
An annuity provider asked whether its traditional annuity was a fully allocated contract for ERISA annual reporting. EBSA said it could not reach that conclusion because the contract guaranteed a…
Front guardrails on two-point suspension scaffolds
A painter asked whether front guardrails could be removed from a two-point suspension scaffold to reach a water tank. OSHA said the front guardrail exception can apply while workers are within 14…
Completion and publication of 2009 unemployment accuracy data
ETA instructed states on completing and publishing calendar year 2009 Benefit Accuracy Measurement data for paid and denied unemployment claims. Its attachments contain sample report formats. ETA…
Food storage near toxic materials in auto shops
An automotive shop asked when food stored at work is considered exposed to toxic materials. OSHA said employers must assess the materials, amounts, containers, work practices, and ventilation to…
Fall protection during curtain wall installation
A construction employer asked whether curtain wall installers could work without fall protection inside a controlled access zone. OSHA said curtain wall installation is steel erection work, but the…
2010 locality pay rates for federal employees in unemployment claims
ETA told state unemployment agencies where to find 2010 federal General Schedule locality pay rates. The letter says states may use those rates when estimating a former federal employee’s monetary…
Fiscal year 2010 state unemployment administration funding
ETA gave states fiscal year 2010 guidance for unemployment administration base allocations, resource planning, above-base funding and supplemental budget requests. ETA now lists this letter as Canceled.
Allocating unemployment penalty collection costs
ETA told state unemployment agencies how to allocate the costs of assessing and collecting penalties and interest when the money can be spent outside unemployment compensation. It requires an…
YouthBuild orientation allowable costs
ETA explained which YouthBuild mental-toughness and orientation expenses may be charged before a youth is officially enrolled. Recruitment and eligibility screening costs may qualify, while…
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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.