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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Retail-service exemption for plumbing technicians
A plumbing service employer asked whether its commissioned technicians could use the retail or service establishment overtime exemption. WHD said the described business had a retail character and…
On-call time for county ambulance workers
A county ambulance service asked whether staff waiting on call had to be paid. WHD said the described waiting periods were not compensable because employees could use the time for personal pursuits,…
Learned professional exemption for company pilots
A company asked whether its jet and helicopter pilots qualified for the learned professional exemption. WHD said piloting did not meet that duties test; the chief pilot might separately qualify as…
Seasonal exemption for town beach lifeguards
A town asked whether seasonal lifeguards at its public beach qualified for the FLSA amusement or recreational establishment exemption. WHD said they did on the stated facts: the beach was a distinct…
Administrative exemption for convention sales manager
A city agency asked whether a convention and visitors sales manager qualified for an FLSA exemption. WHD said the described marketing and promotional work met the administrative duties test and…
Retroactive overtime under a fixed-salary arrangement
An employer that reclassified salaried workers as nonexempt asked how to calculate back overtime pay. WHD accepted the proposed half-time method on the stated facts because a fixed salary covered…
Required vacation use during a short plant shutdown
An employer asked whether it could require exempt workers to use accrued vacation during a plant shutdown shorter than a workweek. WHD said it could debit leave banks without losing the salary-basis…
OSHA review of Icynene insulation safety data sheets
OSHA reviewed safety data sheets for a two-part spray insulation system and said they met the 2009 Hazard Communication Standard. It distinguished the raw-material sheets needed for installation…
Fall protection and lanyards in aerial lifts
OSHA said a shock-absorbing lanyard whose minimum anchor height exceeds the lift’s working height cannot be used because the system must prevent contact with a lower level. A self-retracting lanyard…
Calendar year 2009 interest rate on federal unemployment advances
ETA announced a 4.6375 percent interest rate for calendar year 2009 federal Title XII advances to state unemployment funds. It also summarized when states must pay interest and certain exceptions or…
EPPA polygraph exemption for air-cargo security
WHD clarified that the EPPA section 7(e) polygraph exemption may apply to security services for air-cargo transporters when the services partly protect against hijacking or terrorism. It said…
Bank affiliate deposits by collective investment funds
A bank trustee asked whether placing collective fund cash in its affiliate bank’s deposit account would violate ERISA transaction rules. EBSA said the described deposits qualified for a statutory…
State-required child care training and hours worked
A child care operator asked whether after-hours state certification training it offered to staff counted as paid work time. WHD said it did not on the described facts: attendance was voluntary,…
Cost-of-living increases for retirement benefits affecting unemployment claims
ETA told states with applicable laws to review unemployment claims affected by 2009 increases in Social Security annuities and federal civilian pensions. Its attachment gave prorated pension…
Employee call-in rules for FMLA leave
An employer asked whether its ordinary absence-reporting rules could apply to employees seeking FMLA leave. WHD said usual notice procedures could be enforced when practicable, except when unusual…
Respirators and protective clothing for Class III asbestos work
OSHA reaffirmed that wet Class III asbestos work involving gaskets or other non-thermal, non-surfacing materials does not require respirators or protective clothing after a valid negative exposure…
HAZWOPER training for fire investigators
OSHA corrected an error in a 2004 interpretation and said HAZWOPER responder training generally does not apply when a fire investigator arrives after an emergency has ended to examine debris. Other…
Temporary catch platforms as scaffolds
OSHA classified temporary catch platforms as scaffolds because they are elevated temporary platforms that support an employee or material after a fall. The platforms therefore must meet applicable…
Temporary federal sharing for first week of Extended Benefits
ETA explained that a 2008 law temporarily allowed federal cost sharing for the first week of Extended Benefits or sharable regular compensation even in states that pay the first week of regular…
2009 locality pay rates for federal civilian employees
ETA told state unemployment agencies they could use federal 2009 General Schedule locality salary rates to estimate monetary entitlement or potentially disqualifying pay when a federal agency did…
2009 military pension cost-of-living increases
ETA gave states 2009 federal military retired pay cost-of-living percentages and directed states with pension-offset laws to identify affected unemployment claimants and apply state law. ETA now…
2009 military remuneration schedule for ex-servicemember claims
ETA instructed state agencies to use the attached 2009 federal remuneration schedule to determine military wages for Unemployment Compensation for Ex-Servicemembers first claims beginning on or…
Minimum disaster unemployment benefits for January through March 2009
ETA sent state agencies minimum weekly Disaster Unemployment Assistance amounts for major disasters declared January 1 through March 31, 2009. Its attachment lists state amounts based on average…
Questions on expanded 2008 emergency unemployment compensation
ETA answered state agencies’ questions about the 2008 emergency unemployment benefit expansion, including a second tier for states with high unemployment. It said inconsistent guidance in earlier…
WIA waivers for economic recovery
ETA described WIA and Wagner-Peyser waiver options that states could use in economic recovery strategies, including transfers between adult and dislocated worker funding streams. ETA now labels the…
Exempt store managers in promotion training
A retailer asked whether exempt store managers lose their exemption during a seven-week program preparing them for a higher management role. WHD said they did not on the described facts because the…
Customer-facing sushi and teppanyaki chefs in tip pools
A restaurant asked whether sushi and teppanyaki chefs who prepare and serve food directly to customers may join a mandatory tip pool. WHD said they could on the described facts because their…
Occupational therapist assistants and the professional exemption
A school district asked whether certified occupational therapist assistants could be treated as exempt professionals. WHD said no: their occupation did not require the prolonged specialized study…
Top-hat plan registration for a controlled employer group
An employer asked how a controlled group should identify employers when filing a registration statement for a single plan for selected executives. EBSA said one statement suffices if there is one…
Paid reserve police assignments and volunteer status
A police department asked whether a civilian victim specialist could also volunteer as a reserve officer while receiving ordinary police wages for some special assignments. WHD said those payments…
Volunteer firefighter stipends and nominal fees
A fire district asked whether monthly and per-call stipends would preserve workers' volunteer status. WHD could not decide definitively without local pay comparisons. It said the fee portion…
On-call time with rare call-backs
An employer asked whether an employee's on-call time counted as hours worked when the employee had to remain reachable, avoid alcohol, and report within an hour. WHD said the described period was…
Paid firefighter volunteering for the same department
A private nonprofit fire department asked whether its paid firefighters could work additional shifts for the same department without pay as volunteers. WHD said no because the unpaid work was the…
County EMTs volunteering for an independent rescue crew
A county asked whether its paid EMTs could volunteer for a local rescue crew doing similar work. WHD said they could because the crew remained a separate, independent nonprofit organization despite…
Program year 2009 state planning and waivers
ETA instructed states how to extend WIA and Wagner-Peyser strategic plans and waivers through program year 2009. The letter rescinded TEGL 13-06 and was itself expressly rescinded by TEGL 14-08. ETA…
Noise audiogram baselines after a business changes owners
An employer asked whether it could establish new audiogram baselines after a change of ownership. OSHA said no for retained employees: the successor receives existing audiograms, including…
Foreign labor certification grants through 2008
ETA allocated foreign labor certification grant funds to state workforce agencies for October 1 through December 31, 2008 under the fiscal year 2009 continuing resolution. Its official expiration…
One-time stress bonus and the overtime regular rate
A city asked whether its first stress-pay bonus for emergency communications workers could be excluded from the overtime regular rate even though a union agreement was signed before payment. WHD…
Teacher exemption for college athletic instructors
A college asked whether assistant athletic instructors qualified for the FLSA teacher exemption. WHD said the described instructors did because teaching student-athletes was their main duty at an…
Federal tax refund offsets for fraudulent unemployment debts
ETA explained the 2008 law permitting eligible unemployment compensation debts caused by fraud to be recovered from federal income tax refunds through the Treasury Offset Program. It described…
2008 expansion of emergency unemployment compensation
ETA instructed states how to implement the November 2008 expansion of emergency unemployment compensation: up to 20 first-tier weeks nationally and up to 13 second-tier weeks in states meeting…
Unprotected needles on prefilled influenza vaccine syringes
OSHA asked a vaccine manufacturer to replace 2008–09 prefilled syringes with fixed, unprotected needles in affected states. OSHA said healthcare employers had to evaluate and use sharps injury…
Removing contaminated scalpel blades safely
A device maker asked whether fingers or two-handed hemostat methods could remove used scalpel blades. OSHA said removal of a contaminated sharp is generally prohibited unless no alternative is…
Requalification of construction mobile crane operators
A contractor asked what tests a mobile crane operator needed for requalification. OSHA said the then-current incorporated crane code required an initial practical examination but did not specify…
Paying state for unemployment combined-wage claims
ETA explained a revised rule for choosing the paying state when a claimant combines employment and wages from more than one state. The claimant must have base-period employment and wages in the…
Use of workforce participant Social Security numbers
ETA told states when to request workforce participants' Social Security numbers for performance reporting and how to protect them. The letter says that refusing to provide a number generally cannot…
HAZWOPER training levels for firefighters
A fire council asked whether every firefighter needed first-responder operations training. OSHA said only those expected to respond to hazardous substance releases need that level; firefighters who…
Fiscal year 2009 TAA grant allocations
ETA described its fiscal year 2009 formula for state Trade Adjustment Assistance training allocations and the process for requesting reserve funds for training, job search and relocation allowances.…
Replacement uniforms damaged during personal use
A restaurant asked whether a tipped worker could pay for an extra replacement uniform damaged during personal use. WHD said the employer had met its duty if it provided enough required uniforms free…
Asbestos duties during work in a private home
A homeowner asked who must identify and control asbestos hazards during contracted flooring work. OSHA said its construction asbestos standard may apply to the contractor insofar as employees face…
Continuation of TAA and ATAA programs through March 2009
On September 30, 2008, Congress temporarily extended the Trade Adjustment Assistance and Alternative Trade Adjustment Assistance programs. ETA told state workforce agencies to keep both programs…
Emergency benefit administration costs excluded from state funding model
ETA told state agencies that administrative costs paid by the temporary 2008 emergency unemployment grant could include properly allocated infrastructure and overhead, but those federally funded…
OSHA and PHMSA jurisdiction at underground gas storage sites
A consultant asked whether PHMSA pipeline rules displaced OSHA at geological gas or hazardous-liquid storage facilities. OSHA said displacement requires a case-specific regulation covering the…
Scaffold load rating for a generator support frame
A designer asked whether a generator frame carrying side scaffolds had to support four times the generator’s weight. OSHA said no: the scaffold components needed the rule’s fourfold load capacity,…
Teacher exemption for cosmetology school instructors
A private cosmetology school asked whether its licensed instructors qualified for the FLSA teacher exemption. WHD said they did because their main duty was teaching at an accredited educational…
Minimum disaster unemployment benefits for late 2008
ETA sent state agencies minimum weekly Disaster Unemployment Assistance amounts for major disasters declared October 1 through December 31, 2008. Its attachment gives the state calculations. ETA now…
Animal charity income and FLSA enterprise coverage
An animal shelter asked which income counted toward the FLSA enterprise coverage threshold. WHD said charitable contributions, most membership dues, and donations used for charitable activities were…
Teacher exemption for daycare instructors
A daycare operator asked whether instructors teaching basic skills to children ages three to five were exempt teachers under the FLSA. WHD said the exemption depended on whether the daycare offered…
Sprinkler clearance above stored materials
A hospital worker asked how to apply the 18-inch clearance rule below sprinklers. OSHA treated it as a horizontal plane across the storage area, with limited circumstances for wall shelves, library…
Teacher exemption for substitute teachers
A school asked whether substitute teachers without a degree or teaching certificate could qualify for the FLSA teacher exemption. WHD said the described substitutes qualified because teaching and…
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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.