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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Extension for 2007 WOTC processing forms
This change to TEGL 11-08 gave state workforce agencies and employers more time to use the 2007 forms for Work Opportunity Tax Credit certification requests while revised forms were introduced. ETA…
Additional guidance on unemployment modernization payments and state transfers
ETA answered state agencies’ questions about applications for unemployment modernization incentive payments, use of special administrative transfers, and relief from interest on federal advances.…
Recovery Act funds for Native American programs
ETA instructed Indian and Native American grantees on using Recovery Act supplemental youth funds under WIA section 166 and modifying their two-year plans. The letter also addressed program and…
Employer payment for static-dissipative safety footwear
An employer asked whether static-dissipative safety-toe footwear required for flammable-liquid work was specialty footwear. OSHA said footwear meeting the cited static-dissipative specifications…
Recovery Act planning for SCSEP grantees
ETA instructed Senior Community Service Employment Program grantees how to apply for and use Recovery Act funds and extended the program year 2008 grant period to December 31, 2009. The packet…
Recovery Act workforce funding and state plans
ETA set policy for Recovery Act WIA and Wagner-Peyser funds and required states to modify their strategic plans. It addressed adult, dislocated worker, youth, summer employment and reemployment…
Removing a trench ladder during work
A contractor proposed removing a trench-box ladder after workers entered, with two trained workers outside ready to lower it on request. OSHA rejected the plan because §1926.651(c)(2) requires a…
Attachments and levelers on fiberglass extension ladders
A contractor asked whether cable hooks, pole grips and adjustable levelers could be added to fiberglass extension ladders. OSHA said the cited construction rules did not specifically prohibit them,…
Fall protection on construction vehicles
OSHA said its construction fall-protection Subpart M did not require protection for workers on excavators, dump trucks and bulldozers because its walking or working surface definition excludes…
Reassembly of irreparable electric power tools
A tool seller asked whether OSHA required a repair service to return irreparable electric tools disassembled. OSHA said no construction rule specifically barred reassembly. It did say a tool used in…
Employer payment for climbing and positioning equipment
A utility employer asked whether it had to pay for body belts, positioning straps and pole or tree climbers. OSHA said this required climbing equipment is personal protective equipment and must be…
Employer payment for pole-climbing equipment
A utility employer asked whether it had to pay for body belts, positioning straps and pole or tree climbers. OSHA said this required climbing equipment is personal protective equipment and must be…
Statewide hiring freezes and unemployment insurance administration
ETA reminded states that a statewide hiring freeze, shutdown, or furlough that ignores unemployment insurance program needs is inconsistent with its interpretation of federal administration…
Revised unemployment benefit accuracy investigation procedures
ETA instructed states to replace an older chapter of its Benefit Accuracy Measurement handbook with revised investigation procedures. The attached chapter covers verification of wages, separation,…
Recovery Act workforce allotments
ETA announced Recovery Act supplemental allotments for WIA adult, dislocated worker and youth programs, Wagner-Peyser Employment Service activities, and reemployment services. Linked tables give the…
Additional unemployment insurance information security guidance
ETA pointed state unemployment agencies to updated federal information security publications and encouraged assessments of their unemployment systems using NIST guidance. The letter describes an…
Calendar year 2008 unemployment benefit accuracy data deadlines
ETA instructed state agencies when to complete and verify 2008 Benefit Accuracy Measurement samples before federal publication. Its attachments show sample paid and denied claims accuracy reports.…
2009 extension of Emergency Unemployment Compensation
ETA explained how the 2009 Recovery Act extended the Emergency Unemployment Compensation program’s eligibility and payment deadlines and instructed states on financing and reporting the benefits.…
Proposed state unemployment plan security and contingency changes
ETA proposed changes to its state unemployment planning handbook covering contingency plans, automated system security, and state planning forms. It asked state agencies to comment within 45 days…
OSHA review of spray insulation safety data sheets
A spray insulation manufacturer asked OSHA to stop an industry association from distributing an earlier criticism of its safety data sheet. OSHA said the earlier review had involved the cured…
2009 unemployment modernization incentive payments and state transfers
ETA explained how states could qualify for 2009 Recovery Act unemployment modernization incentive payments and use a separate administrative transfer. Seven attachments cover eligibility,…
Administrative funding for temporary federal unemployment supplement
ETA told states they could request reimbursement for one-time administrative costs of implementing the temporary $25 weekly Federal Additional Compensation program. It identified permissible costs,…
Temporary 2009 changes to federal-state Extended Benefits
ETA explained temporary Recovery Act changes to the federal-state Extended Benefits program, including full federal sharing for a limited period and expanded eligibility options. Its attachments…
Operating instructions for temporary Federal Additional Compensation
ETA instructed states on eligibility, payments, financing, and reporting for the temporary federally funded $25 weekly Federal Additional Compensation benefit. Its attachments provide operating and…
2009 poverty guidelines for SCSEP
ETA issued the 2009 federal poverty and 125-percent low-income guidelines for Senior Community Service Employment Program eligibility, effective January 23, 2009. The letter expressly rescinded TEGL…
Revised Work Opportunity Tax Credit forms
ETA announced OMB approval of revised Work Opportunity Tax Credit reporting and processing forms and transmitted instructions for state workforce agencies. Change 1 later extended use of the prior…
Hands-on training in HAZWOPER programs
OSHA clarified that interactive or video training can be part of a 24- or 40-hour HAZWOPER program, but cannot be the sole training method. Trainees must physically don, doff, touch and manipulate…
Nontaxable pension rollovers and unemployment benefits
ETA explained a federal amendment barring states from reducing unemployment compensation because of a pension rollover that is excluded from gross income. It said treatment of taxable distributions…
Homebuilder supervisors and the administrative exemption
A requester asked whether homebuilder employees who supervise construction of multiple homes qualify for an FLSA exemption. WHD referred the requester to an attached opinion, but that attachment is…
Volunteer fire company and paid EMT joint employment
A volunteer fire company asked whether EMTs hired through a contractor could also volunteer for it. WHD said the answer depended on whether the company jointly employed the paid EMTs and that the…
Administrative exemption for product demonstration coordinators
A product demonstration employer asked whether coordinators who plan projects, manage demonstrators, and resolve important issues meet the administrative exemption. WHD said the described…
Salary deductions for full-day absences
An employer asked how to deduct salary for an exempt worker who misses a full workday when paid leave is insufficient. WHD said a permissible full-day deduction may be proportionate to the scheduled…
FLSA exemptions for fraud investigation staff
An employer asked whether several fraud and theft investigation positions qualify for overtime exemptions. WHD found the two analyst roles did not meet the administrative duties test, while the…
Administrative exemptions for health staffing roles
A health staffing company asked whether its consultants, coordinators, and business development managers qualify for the administrative exemption. WHD said the described roles met the duties test,…
Daily job bonuses in the overtime regular rate
An oilfield service employer asked whether a flat daily job bonus for equipment operators belonged in the overtime regular rate. WHD said it did because the bonus was pay for employment and did not…
Administrative exemption for residential project supervisors
WHD considered whether a residential construction project supervisor qualified for the administrative exemption. WHD said the described supervisor's significant independent decisions met the…
Outside sales and administrative exemptions for insurance agents
A life insurance trade association asked whether two kinds of insurance agents qualify for FLSA exemptions. WHD said agents whose main duty is making sales through regular in-person visits away from…
Year-end percentage bonus and overtime pay
An employer asked whether it could omit payments already excluded from the regular rate when calculating a year-end bonus set as a percentage of straight-time and overtime earnings. WHD said it…
Administrative exemption for insurance client managers
An insurance agency asked whether client service managers who advise customers on coverage and bind contracts qualify for the FLSA administrative exemption. WHD said the described managers met the…
Full-day salary deductions for an on-call nurse
A hospital asked whether it could calculate an exempt on-call nurse's full-day salary deduction from the scheduled hours missed. WHD said it could when the full-day deduction was otherwise…
Sunday premiums under the fluctuating workweek method
An employer asked whether a fixed salary plus Sunday and holiday premiums could comply with the fluctuating workweek overtime method. The enclosed 2009 opinion said the proposed plan could comply…
Tip credit for dual jobs and related duties
A requester asked WHD to clarify when a tip credit could apply to related duties performed by tipped workers. The enclosed 2009 opinion proposed a test based on listed O*NET tasks performed…
Federal tip credit where state law bars tip credits
A restaurant association asked whether the FLSA allowed a federal tip credit when a state set a lower minimum wage but barred tip credits. The enclosed 2009 opinion said a credit for the gap between…
Nondiscretionary safety bonuses and overtime
An employer asked whether its nondiscretionary safety bonus plan met FLSA overtime requirements. WHD said it did because workers received the bonus for regular hours and one-and-a-half times the…
Nonprofit coverage and a payroll leasing company
A private nonprofit asked whether using a covered employee leasing company made the nonprofit itself subject to FLSA enterprise coverage or joint-employer overtime duties. WHD said the leasing…
Transit authority firefighters and regular-rate exclusions
A public transportation authority asked whether its firefighters qualified for the FLSA's partial public-safety overtime exemption and how two leave-related payments affected the regular rate. WHD…
PTO deductions during low patient census
A health care employer asked whether it could charge exempt employees' PTO banks for periods of low patient census, then reduce salary in full- day increments after PTO ran out. WHD said PTO-bank…
On-call and emergency travel pay for water workers
A water service district asked whether it must pay workers for on-call periods, emergency response work, and travel to call-outs. WHD said the described on-call restrictions were too light to make…
Compressed nine-day schedule and fixed workweeks
An employer asked whether a nine-day schedule across a two-week pay period complied with FLSA overtime rules. WHD said the plan complied because each employee would have a fixed 168-hour workweek,…
Foreign labor certification grant allocations
ETA allocated foreign labor certification grant funds to state workforce agencies for January 1 through March 6, 2009 under the continuing resolution. Its official expiration date was March 6, 2009,…
Overtime under a percentage-of-bid pay plan
A residential contractor asked whether a pay plan based on a percentage of each project's labor bid satisfied overtime rules. WHD said the method for employees working between 40 and 55 hours failed…
Guaranteed weekly pay for gasoline-station staff
A gasoline station proposed fixed weekly salaries for mechanics, attendants, tow-truck drivers, and dispatchers and asked whether the plan met the FLSA's irregular-hours exception. WHD said it did…
Required study time after city training classes
A city asked whether employees must be paid for homework assigned in required job training, even when completed after work. WHD said the study time was compensable because the assignments were…
Voluntary and mandatory time off for exempt employees
An employer asked whether it could reduce exempt employees' salaries during short-term staffing cuts. WHD said mandatory time off of less than a full workweek caused by business needs could not…
At-home prerequisites for voluntary job training
A communications company asked whether technicians had to be paid for required web-based prerequisite classes taken at home before a voluntary job-related training course. WHD said the prerequisite…
Barbacks as tipped employees
A restaurant asked whether a barback who receives tips from bartenders, rather than directly from customers, can be a tipped employee. WHD said yes on the described facts because the barback…
Caterer at a recreational site and the seasonal exemption
A caterer asked whether it could use the FLSA exemption available to a seasonal recreational establishment whose site it served. WHD said no: the caterer operated as a separate establishment and was…
Teacher exemption for public school coaches
A public school asked whether community coaches were volunteers or exempt teachers. WHD said coaches whose main duty was teaching sports skills qualified for the teacher exemption, assuming they…
Program year 2009 performance negotiations
ETA gave states guidelines for negotiating program year 2009 WIA and Wagner-Peyser performance and customer satisfaction goals, with an option to extend program year 2008 goals. It expressly…
Exemptions for civilian helicopter pilots
A state police division asked whether civilian helicopter pilots qualified for executive, administrative, or learned professional overtime exemptions. WHD said the described piloting duties met none…
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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.