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.

8,150 documents · Updated October 28, 2026
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Live-in domestic service overtime exemption for agency nurses

A care agency asked whether a nurse living with a client could qualify for the live-in domestic service overtime exemption. WHD answered yes under its 2005 interpretation, while still requiring…

Opinion Letter March 17, 2005

2005 policy on third-party companionship exemption

A requester asked whether a court decision had changed WHD’s policy for third-party employers of companionship workers. WHD said in 2005 that its policy still allowed the exemption outside the…

Opinion Letter March 17, 2005

Personnel entry controls under process safety management

A process operator asked whether trained maintenance staff who were planning future work had to follow facility-entry controls. OSHA said the process-safety rule covers maintenance supervisors and…

Opinion Letter March 16, 2005

Release schedule for 2004 UI benefit accuracy data

ETA set deadlines for states to finish and check their calendar year 2004 unemployment benefit accuracy cases before federal publication in 2005. It supplied sample paid and denied claims reports,…

Guidance March 15, 2005

Minimum disaster unemployment benefit amounts, April–June 2005

ETA supplied a state-by-state table of average weekly unemployment benefits and the resulting minimum weekly Disaster Unemployment Assistance amounts for major disasters declared from April 1…

Guidance March 15, 2005

Experience Rating Index for unemployment tax rate year 2003

ETA published the Experience Rating Index for each state for unemployment tax rate year 2003, alongside historical figures for 1988 through 2003. The index measures how much of unemployment benefits…

Guidance March 15, 2005

Prime contractor responsibility for construction safety violations

A contractor asked whether the Contract Work Hours and Safety Standards Act imposed broader responsibility for subcontractor safety violations than OSHA’s Multi-Employer Citation Policy. OSHA said…

Opinion Letter March 15, 2005

FY 2005 Alien Labor Certification grant guidance

ETA told state workforce agencies how to use FY 2005 alien labor certification grants while permanent certification cases moved to federal processing centers. It set tasks for prevailing wage…

Guidance March 11, 2005

Box-truck confined spaces during hazardous-materials response

An emergency-response professional asked whether a box van becomes a permit-required confined space after a hazardous-materials release. OSHA said it could not determine the space’s classification…

Opinion Letter March 8, 2005

Inspection timing for infrequently used forklifts

An employer asked whether a forklift used only once or twice a month had to be examined daily. OSHA said a powered industrial truck must be examined before it is placed in service, so a stored truck…

Opinion Letter March 3, 2005

Emergency medical services on construction sites

A construction worker asked about AEDs, first-aid staffing, emergency communication, respirators, and foreman qualifications. OSHA said construction employers must plan for prompt medical attention…

Opinion Letter March 2, 2005

Planned common performance reporting measures

ETA told states it planned to revise existing workforce program reports so several federal programs could use common performance measures. It gave proposed 2005 implementation dates, described the…

Guidance February 28, 2005

Native American Employment and Training Council nominations

ETA asked WIA section 166 grantees and eligible Native American organizations to nominate candidates for expiring seats on the Native American Employment and Training Council. It identified which…

Guidance February 28, 2005

Climbing roof trusses for bracing under residential construction guidance

An OSHA regional office asked whether workers could climb the lower chords of roof trusses to install bracing where a residential structure had no interior walls. OSHA said that method was outside…

Opinion Letter February 28, 2005

Insurance broker compensation reported on Schedule A

A requester asked which insurer-paid broker commissions and fees must be reported for policies funding ERISA plans. EBSA said insurers must allocate the attributable compensation to each policy…

Opinion Letter February 24, 2005

Self-employment training for Workforce Investment Act clients

ETA encouraged state workforce agencies and local boards to make entrepreneurial training available to people interested in self-employment under the Workforce Investment Act. It asked states to…

Guidance February 23, 2005

Toilet access for workers on high-rise construction sites

A worker asked whether toilets only on the ground floor are sufficient for crews working on the tenth floor without elevators. OSHA said it could not decide without knowing the travel time, but…

Opinion Letter February 23, 2005

Changes to UI Performs unemployment insurance measures

ETA revised the UI Performs system for measuring state unemployment insurance administration. It reduced the measures with performance targets to a smaller group of core measures, kept other data…

Guidance February 18, 2005

Process safety at remote natural gas facilities

A natural-gas operator asked whether a compressor station and processing plant qualified for the process-safety rule’s normally unoccupied remote-facility exemption. OSHA said the facts were…

Opinion Letter February 16, 2005

Fall-protection tie-off to structures beside aerial lifts

A device maker asked OSHA to expand its de minimis enforcement policy for workers tied to structures beside aerial lifts. OSHA declined to broaden it, explaining that the exception depended on an…

Opinion Letter February 15, 2005

Different overtime rates for firefighters doing two jobs

A city asked whether firefighters assigned to higher-paid investigation and training jobs could receive overtime at the rate for whichever job they performed during overtime hours. WHD said section…

Opinion Letter February 14, 2005

Georgia agricultural commissions in state health plan

Georgia asked whether employees of its agricultural commodities commissions could join the state health benefit plan without ending its governmental-plan exemption. EBSA found the commissions were…

Opinion Letter February 14, 2005

Ambient-noise checks for audiometric testing rooms

A medical group asked how often to evaluate room noise for employee hearing tests. OSHA said the room must meet the required background-noise limits whenever a test is performed. A fixed booth may…

Opinion Letter February 14, 2005

OSHA approval of machine design and risk assessments

A machinery maker asked OSHA to accept its packaging-machine design and risk assessment under OSHA and ANSI standards. OSHA said it had not reviewed or approved the design and does not test,…

Opinion Letter February 10, 2005

European machine-guarding standards and OSHA requirements

A machine maker asked whether guards built to European standards could satisfy OSHA’s U.S. machine-guarding rule. OSHA said a European-standard method may be used if it actually protects workers as…

Opinion Letter February 8, 2005

Extension of the ETA 5130 Benefit Appeals Report collection

ETA told state unemployment agencies that federal approval to collect the Benefit Appeals Report, ETA 5130, had been extended through November 30, 2007. It also supplied the required paperwork…

Guidance February 7, 2005

2005 increases in Social Security and federal civilian annuities

ETA notified state unemployment agencies of cost of living increases in Social Security and federal civilian retirement annuities. Its attachment lists the prorated 2005 increases for Civil Service…

Guidance February 7, 2005

2005 locality pay adjustments for federal civilian workers

ETA alerted state unemployment agencies to 2005 locality pay changes for General Schedule federal employees. Staff handling Unemployment Compensation for Federal Employees claims could use the rates…

Guidance February 7, 2005

Interest on Title XII unemployment fund advances in 2005

ETA told states how interest on federal Title XII unemployment fund loans is calculated and when it must be paid. The letter's heading addresses calendar year 2005, but its rate sentence prints…

Guidance February 7, 2005

Ground-fault protection on construction branch circuits

An electrical-contractors group asked whether 208-volt construction outlets need ground-fault protection and whether the electrical subcontractor must monitor other trades. OSHA said protection…

Opinion Letter February 7, 2005

Residential-use cooling fans in industrial workplaces

A manufacturer asked whether employees could bring home-use personal fans into an industrial workplace. OSHA said acceptability depends on the fan’s listing and labeling and on how and where it is…

Opinion Letter February 1, 2005

Documenting process-hazard analysis of failed controls

A process-safety consultant asked what documentation satisfies OSHA’s requirement to evaluate the possible employee effects of failed controls. OSHA said the standard is performance based: teams may…

Opinion Letter February 1, 2005

Asbestos regulated areas during construction demolition

A construction contractor asked when demolition work needs an asbestos regulated area and what controls apply to sheetrock with less than one percent asbestos. OSHA said regulated-area duties depend…

Opinion Letter February 1, 2005

Ticket to Work eligibility for the Work Opportunity Tax Credit

ETA explained to state workforce agencies how the 2004 Ticket to Work amendment affected Work Opportunity Tax Credit requests. It said eligible ticket holders could be processed under the vocational…

Guidance January 31, 2005

Clarifications for 2004 workforce information grants

ETA clarified its 2004 workforce information grant guidance for state agencies. It moved the plan submission date to September 30, 2004, said the published suballocations were guidelines rather than…

Guidance January 31, 2005

Automatic restart of woodworking and metalworking equipment

A manufacturer asked whether low-voltage woodworking and metalworking tools need protection from restarting automatically after a power outage. OSHA said its woodworking rule applies regardless of…

Opinion Letter January 31, 2005

Advance notice of 2005 WIA state planning guidance

ETA alerted states that it planned to revise Workforce Investment Act and Wagner-Peyser planning guidance for 2005. It previewed priorities for the new plans, set a May 31 submission target, and…

Guidance January 21, 2005

Pneumatic cleaning tools on construction sites

A tool maker asked which construction safety rules would apply to a pneumatic cleaner for concrete forms, bridge decks, and roads. OSHA identified hose-security, safe-pressure, chip-guard, and other…

Opinion Letter January 19, 2005

Safety chains on pile-driving hydraulic hoses

A safety consultant asked whether the pile-driving rule’s hose-chain requirement covers hydraulic hammers and their power packs. OSHA said it does: the rule applies to each pressurized hose…

Opinion Letter January 19, 2005

Why construction workers must secure compressed-gas cylinders

An insurance professional asked whether evidence disputing the risk of a fallen cylinder becoming a projectile made OSHA’s cylinder-securing rule unnecessary. OSHA said the rule also addresses…

Opinion Letter January 19, 2005

Brush eradication and the agriculture overtime exemption

A brush-clearing business asked whether its workers qualified for the agricultural overtime exemption. WHD said clearing uncultivated growth and processing it into mulch were not primary…

Opinion Letter January 11, 2005

Intrastate petroleum deliveries and motor carrier overtime

A petroleum carrier asked whether drivers completing in-state deliveries of fuel that arrived from out of state qualified for the motor carrier overtime exemption. WHD said deliveries to named…

Opinion Letter January 11, 2005

2005 cost of living increases in federal military pensions

ETA listed cost of living increases in federal military retired pay effective December 1, 2004, with percentages varying by the service member's entry and retirement dates. State unemployment…

Guidance January 7, 2005

SCSEP income eligibility definitions and calculations

ETA told Senior Community Service Employment Program grantees how to count income and define a family when checking applicant eligibility. It excluded several benefits from income, used a six-month…

Guidance January 7, 2005

Professional exemption for paralegals

A paralegal asked whether a four-year degree, certificate, and experience made the role exempt as a learned professional. WHD said paralegals generally do not qualify because an advanced specialized…

Opinion Letter January 7, 2005

Administrative exemption for clerical office work

An employer asked whether an employee handling data entry, word processing, receptionist work, and routine office supplies qualified for the administrative exemption. WHD said those clerical and…

Opinion Letter January 7, 2005

Paid time off banks and exempt salary deductions

An employer asked whether it could reduce exempt employees’ paid time off balances for partial-day absences and dock salary after leave ran out. WHD said leave banks may be reduced for partial days…

Opinion Letter January 7, 2005

Retail establishment sales attributed across dealership locations

A vehicle dealer asked whether wholesale sales made by one location should count against two retail locations merely because they recorded those sales under their dealer codes. WHD said the sales…

Opinion Letter January 7, 2005

Timekeeping policy for salaried exempt city employees

A city asked whether weekly timesheets and attendance notices would undermine the salary basis of exempt employees. WHD said the described policy could track hours, leave balances, and full-day…

Opinion Letter January 7, 2005

Effect of 2004 overtime rules on a national service opinion

A requester asked whether the 2004 federal overtime regulation changed a 1998 WHD opinion about National and Community Service Act participants. WHD said the relevant statutory provision had not…

Opinion Letter January 7, 2005

Prepayment plan for overtime

An aircraft repair and maintenance contractor asked whether it could pay hourly employees for 40 hours each week and treat excess pay in short weeks as an advance against later overtime. WHD said…

Opinion Letter January 7, 2005

Junior-level claims examiners and the administrative exemption

A state workers’ compensation office asked whether its junior-level claims adjusters qualified for the administrative exemption. WHD said their standardized interviews, form processing, and limited…

Opinion Letter January 7, 2005

Project and business development managers’ FLSA coverage

A public benefit corporation asked whether two salaried managers were protected by the FLSA after their pay was reduced for working less than a scheduled week and their time records omitted meal…

Opinion Letter January 7, 2005

Minimum disaster unemployment benefits, January–March 2005

ETA supplied a 54-jurisdiction table of average weekly unemployment benefits and minimum weekly Disaster Unemployment Assistance amounts for major disasters declared January 1 through March 31,…

Guidance January 3, 2005

Fiscal year 2005 state UI administrative resource allocations

ETA explained fiscal year 2005 unemployment insurance administration funding for state agencies, including base allocations, contingency funds, and supplemental budget requests. It said state base…

Guidance January 3, 2005

Changes to the Agricultural and Food Processing Clearance Order, ETA Form 790

ETA sent state workforce agencies an updated bilingual Form 790 for recruiting temporary agricultural workers outside the local area. The letter asks states to use the form, and its attachments show…

Guidance January 3, 2005

Warning lines for non-roofing work near roof edges

A construction safety consultant asked why non-roofing work could use a warning line 15 feet from a roof edge, while roofing work had a different rule. OSHA said the six- and ten-foot exceptions…

Opinion Letter January 3, 2005

2005 federal military remuneration schedule for UCX claims

ETA supplied an updated federal military pay schedule for states calculating Unemployment Compensation for Ex-Servicemembers claims first filed from the week beginning on or after January 2, 2005.…

Guidance December 30, 2004

Pittsburgh Mercy employee pensions as church plans

Pittsburgh Mercy asked whether three retirement plans associated with a Catholic health system were church plans excluded from ERISA Title I. Relying on an IRS private ruling, EBSA agreed if the…

Opinion Letter December 30, 2004

Vacation pay trust program outside ERISA welfare plans

A department store asked whether its vacation program was an ERISA welfare plan because it maintained a trust. The Department said the employer remained liable for ordinary vacation wages, employees…

Opinion Letter December 30, 2004

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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.

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