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.
No Federal documents match your search
Try different keywords or clear a filter.
Chamber of commerce health program as separate ERISA plans
An Oregon chamber of commerce asked whether its member health program would be a single ERISA welfare plan. EBSA said the chamber membership did not provide the employer connection needed for one…
Process Safety Management at biodiesel plants
A consultant asked whether biodiesel plants fell under PSM. OSHA said coverage depends on threshold quantities of listed chemicals or flammable materials, including qualifying mixtures and residual…
WIA annual report narrative guidance
This change to TEGL 14-00 gave states additional instructions for the narrative part of their WIA annual reports and updated submission procedures. ETA now labels the change Canceled; its signed…
Asbestos no-smoking rule and background fibers
Nevada OSHA asked whether any background asbestos fibers made a work area subject to OSHA’s no-smoking rule. OSHA said the exposure must arise from work activities that disturb asbestos. The ban can…
On-call pay in the overtime regular rate
A city asked whether it could spread one week's on-call payments across a two-week payroll period when calculating overtime. WHD said no: on-call pay belonged in the regular rate for the workweek in…
Overtime for commission-paid dump-truck drivers
A trucking company asked how to calculate overtime for dump-truck drivers paid 27% of the revenue from their deliveries. Assuming the drivers were not covered by the motor-carrier or retail…
Detention officers volunteering as reserve deputies
A public agency asked whether detention officers could volunteer as reserve sheriff deputies. WHD said they could not do so for the same public agency because both roles involve public safety. It…
Electronic access to written OSHA safety programs
An employer asked whether safety programs required to be written could exist only on a company intranet. OSHA said paper or electronic format was acceptable if every other requirement of the…
Lead exposure assessment for low-lead paint
A contractor asked whether paint below the consumer-product 0.06% lead threshold avoided OSHA exposure assessment. OSHA said no: any lead-containing paint in covered construction work requires an…
Safety-engineered lancets for workplace blood sampling
A distributor asked whether exposed-blade lancets could be used for workplace finger-prick sampling. OSHA said healthcare employers generally must provide safety-engineered lancets unless…
Formaldehyde monitoring at trailer manufacturing plants
A senator asked about formaldehyde exposure in plants building post-hurricane trailers. OSHA described the action level, short-term limit and exposure monitoring requirements of its formaldehyde…
Federal unemployment tax reporting for disregarded entities
ETA told states that federal unemployment tax reporting for single-member LLCs and certain S corporation subsidiaries would move to the entity’s own name and employer ID for wages paid from January…
Acceptable military separation reasons for ex-servicemember claims
ETA updated the list of acceptable military separation reasons for Unemployment Compensation for Ex-servicemembers when a claimant had not completed a first full service term. Its attachment gives…
Customer satisfaction index weights
ETA supplied program year 2007 weights for computing state American Customer Satisfaction Index scores from participant and employer surveys. It expressly rescinded TEGL 1-07. ETA now labels this…
Railing heights for fixed industrial stairs
A railing manufacturer asked which fixed-stair designs met OSHA’s then-current height rule. OSHA said two appeared to meet the requirement and a 36–37 inch design did not, although it would treat…
Program year 2009 unemployment-area designations
ETA asked states to submit areas of substantial unemployment for program year 2009 WIA youth and adult allotments. The letter describes the qualifying unemployment rate, population and submission…
Questions and corrected payment deadline for 2008 emergency benefits
ETA corrected the original 2008 emergency unemployment letter’s final payment week and answered state agencies’ questions about eligibility and administration in an attachment. It also changed the…
Bloodborne pathogens training for tattoo and piercing workers
A training provider asked whether generic annual bloodborne pathogens instruction was enough for tattoo and piercing workers. OSHA said the required subjects must be covered and industry and…
2008 emergency unemployment program administration funding
ETA informed states about advance administration funding for 2008 emergency unemployment claims and invited requests for one-time implementation costs, with an attached request template. The letter…
Moving an intact house and the demolition standard
OSHA considered a residential structure moved intact from one foundation to another. Because the described process was designed to preserve the house, OSHA said its demolition subpart would not…
Combining HAZWOPER refresher and construction outreach training
A union asked whether one 12-hour course could cover an eight-hour HAZWOPER refresher and a ten-hour construction outreach course. OSHA said overlapping instruction need not be repeated if all…
Flammable-filled transformers in underground construction
OSHA said the underground construction rule for oil-filled transformers also applies to transformers filled with materials that are flammable in any degree. The employer must place them in a…
Preserving baseline blood after an exposure incident
A healthcare consultant asked whether a worker could waive the 90-day storage period for baseline blood after an exposure incident. OSHA said no. If a worker consents to collection but not immediate…
Workforce services for trafficking victims
This change to TEGL 19-01 guided One-Stop Career Centers on assisting trafficking victims under WIA, including eligibility documentation and referrals. It explained that certified adult victims and…
Surplus welfare-plan assets after termination
A welfare trust asked whether it could amend its terms and send surplus assets to an unrelated tax-exempt foundation after terminating the plan. EBSA said ERISA did not bar the described amendment…
Class III asbestos refresher and demolition training
A training firm asked about Class III asbestos refresher courses and excavator operators disturbing asbestos debris. OSHA said the rule does not set a refresher minimum duration but expects at least…
Emergency Unemployment Compensation 2008 operating instructions
ETA gave state workforce agencies operating instructions for the 2008 Emergency Unemployment Compensation program. It described who could receive up to 13 weeks of federally financed benefits, when…
Disaster Unemployment Assistance eligibility questions and answers
ETA answered state agencies' questions about Disaster Unemployment Assistance eligibility. Its attachment explains when a late claim may have good cause, what counts as unemployment directly caused…
Fiscal year 2009 unemployment insurance resource planning targets
ETA gave state workforce agencies preliminary fiscal year 2009 unemployment insurance funding and staffing targets for their plans. It explained how the targets were calculated and allowed states to…
Disaster unemployment minimum weekly benefits for July–September 2008
ETA gave state workforce agencies a table of minimum weekly Disaster Unemployment Assistance amounts for major disasters declared from July through September 2008. It based the amounts on each…
Pension assets and union organizing goals
A requester asked whether pension assets could support union organizing or collective bargaining objectives. EBSA said fiduciaries may not increase plan costs, give up investment returns, or reduce…
SCSEP state plan deadline extension
ETA extended the deadline for Senior Community Service Employment Program state plans to June 30, 2008 and explained how existing plans would be treated from July 1. ETA now labels this…
Learned professional exemption for service coordinators
An organization asked whether its service coordinators qualified for the FLSA learned professional exemption. WHD said they did not because the position could be filled by someone with an…
Program year 2008 workforce information grants
ETA gave states application and management instructions for program year 2008 Workforce Information Grants, with a statement of work, reporting forms and allotment information. ETA now labels this…
Revised FY 2009 unemployment insurance State Quality Service Plan call
ETA replaced UIPL 18-08 with revised instructions for state unemployment insurance agencies preparing fiscal year 2009 State Quality Service Plans. It set expectations for performance goals,…
Revised 2008 SCSEP allotments
ETA revised Senior Community Service Employment Program 2008 positions and funding, reserved funds for program support, and changed grant modification deadlines. It expressly rescinded only…
Partial overtime exemption for city jailers
A city asked whether its jailers qualified for the FLSA's partial overtime exemption for correctional security personnel, even though they had no power to arrest. WHD said they did, because the…
Three-week pay period adjustment and minimum wage
A school district asked whether its occasional three-week pay period, created to keep a 26-pay-period annual cycle, violated the FLSA. WHD said the described schedule complied because each week's…
On-call pay for ambulance rescue workers
An ambulance rescue service asked whether employees' four-hour daily on-call periods counted as work. WHD said winter on-call time was compensable because calls were frequent, the in-person response…
Availability of off-site confined-space rescue services
An employer asked whether a local fire department could serve as its permit-space rescue team when another call might make the team unavailable. OSHA said the employer must evaluate timely response…
Compressed calibration gas cylinders in laboratories
A utility asked which rules applied to small methane and 20.9% oxygen calibration cylinders. OSHA cited compressed-gas handling and inspection rules and hazard communication for methane’s…
WIA incentive grant applications
This change to TEGL 20-01 updated how eligible states applied for WIA section 503 incentive grants based on program year 2006 performance. ETA now labels this period-specific advisory Canceled.
Initial FY 2009 unemployment insurance State Quality Service Plan call
ETA initially instructed state unemployment insurance agencies to prepare their fiscal year 2009 State Quality Service Plans, with performance goals, corrective action plans, and submission steps.…
Guarding abrasive tools on CNC stone machines
A machine maker asked whether a CNC stone contouring machine could run without an enclosure. OSHA said employers must protect workers from flying tool and material fragments. Abrasive wheels fall…
Missed meal breaks, unrecorded work, premiums, and rounding
An employer asked six questions about missed meal periods, work outside scheduled hours, premium pay, and time-clock rounding. WHD said missed meals and other work the employer allows count as hours…
Required shoes, uniforms, and voluntary payroll deductions
A restaurant asked whether ordinary dark, nonslip shoes were uniforms and whether workers could buy them voluntarily through payroll deductions. WHD said the broadly specified shoes were not…
Unemployment insurance reemployment rate performance measure
ETA set acceptable state performance levels for the unemployment insurance reemployment rate measure and explained how to calculate and report it. The letter includes a matrix adjusted for…
Outside-sales exemption for novelty-item sellers
A company asked whether employees who sell novelty items for several days at promotional events and retail locations qualified for the FLSA outside-sales exemption. WHD said they did because selling…
SCSEP placements with faith organizations
ETA explained how Senior Community Service Employment Program grantees could work with faith-based and community organizations while meeting DOL's equal-treatment requirements. ETA still lists this…
2008 farmworker jobs grant plans
ETA instructed National Farmworker Jobs Program grantees on preparing and submitting 2008 grant plans under WIA section 167. The linked attachments give program allocations. The letter expired June…
Employer payment for lineman belts and hooks
A tree-service employer asked whether it had to pay for lineman belts and hooks used to comply with OSHA rules. OSHA said yes: the climbing and work-positioning equipment protects against falls and…
Denied variance for an oxygen-deficient fire prevention system
A senator asked why OSHA denied a variance for a system that would lower workplace oxygen to about 15% to prevent fires. OSHA said the proposed health screening and pulse-oximeter measures would act…
2008 farmworker housing grant plans
ETA instructed National Farmworker Jobs Program housing grantees on preparing and submitting 2008 annual grant plans and provided allocation information. The letter expired June 30, 2009, and ETA…
2008 SCSEP planning instructions
ETA gave Senior Community Service Employment Program grantees application instructions and allotments for program year 2008. TEGL 30-07 later replaced only this letter's Attachment H funding tables.…
Native American program plans for 2008-09
ETA instructed WIA section 166 Indian and Native American grantees to prepare two-year comprehensive services and supplemental youth plans for program years 2008 and 2009. ETA now labels this…
HAZWOPER cleanup and hazardous materials technician training
A trainer asked whether one program could qualify a hazardous-waste cleanup worker and an emergency-response hazmat technician. OSHA said a single combined or hybrid course does not satisfy both…
Monthly employment data for the wage census and unemployment program
ETA told states that monthly employer employment data used in the Quarterly Census of Employment and Wages are needed for unemployment program measures and must be collected, including follow-up on…
Administrative exemption for product technology analyst
A manufacturing-related company asked whether its product technology and marketing analyst qualified for the FLSA administrative exemption. WHD said the described worker did, based on independent…
Keeping sharps containers upright during use
A laboratory asked whether it had to mechanically restrain sharps containers. OSHA said the standard requires containers to remain upright but does not mandate restraints in every setting. A…
Expiration disclaimers on material safety data sheets
A federal supply office asked whether an MSDS could say it was valid only on the day printed. OSHA said that statement conflicted with the then-current Hazard Communication Standard. The sheet…
Browse Federal guidance by topic
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.