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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Study of nonmonetary determination quality measures

ETA asked state unemployment agencies to comment by August 21, 2004, on a workgroup's proposed changes to reviews of nonmonetary benefit decisions. The report covered factfinding, automated…

Guidance July 20, 2004

Strategic vision for WIA youth services

ETA described a 2004 strategy for state and local Workforce Investment Act youth programs. It urged stronger alternative education, closer ties to employers and community colleges, priority for…

Guidance July 16, 2004

Trade Adjustment Assistance program reserve funds

ETA told states how to request fiscal 2004 Trade Adjustment Assistance reserve training funds and job search or relocation allowances. To qualify for reserve training funds, a state had to show it…

Guidance July 14, 2004

ATAA for older workers: questions and answers

ETA answered 54 state agency questions about Alternative Trade Adjustment Assistance for older workers, including wage subsidy payments, unemployment insurance, eligibility, and state…

Guidance July 14, 2004

School employees volunteering for extracurricular activities

School districts asked when nonexempt employees could volunteer for coaching, bus driving, and other extracurricular tasks. WHD said volunteer work must be freely offered and generally cannot be the…

Opinion Letter July 14, 2004

Denali concession transportation and SCA coverage

WHD examined a National Park Service concession at Denali. It said visitor transportation was outside the narrow exemption for specified concession services such as food and lodging, so the contract…

Opinion Letter July 13, 2004

Hazard Communication treatment of UPS batteries and office chemicals

An employer asked whether sealed uninterruptible power supply batteries and small quantities of office chemicals were exempt from OSHA's Hazard Communication standard. OSHA said small UPS batteries…

Opinion Letter July 8, 2004

Program year 2004 workforce information grants and allocations

ETA told state workforce agencies how to plan and apply for program year 2004 workforce information grants. Of $38 million available, it reserved $1,064,000 for postage, allocated $188,646 to Guam…

Guidance July 2, 2004

Restaurant vacation pay trust and ERISA plan status

A restaurant asked whether its vacation pay program was an ERISA welfare plan because payments passed through a trust. EBSA said the trust had a payment obligation, but contributions did not track…

Opinion Letter July 2, 2004

Disaster unemployment assistance weekly minimums for summer 2004

ETA gave state unemployment agencies the minimum weekly Disaster Unemployment Assistance amounts for major disasters declared from July 1 through September 30, 2004. The attachment shows each…

Guidance July 1, 2004

Nondeposit trust company and ERISA fidelity bonding

A Pennsylvania trust company asked whether its fiduciary personnel needed ERISA fidelity bonds. EBSA said a company with no deposits was not barred from the statutory bank exemption for lack of FDIC…

Opinion Letter July 1, 2004

TEUC-A eligibility and Emery Worldwide Airlines certification

ETA explained that Emery Worldwide Airlines had been a certified carrier during some claimants' base periods but stopped operating before September 11, 2001. It said former employees were unlikely…

Guidance June 28, 2004

Fall protection on powered industrial truck platforms

An employer asked whether OSHA requires body belts, lanyards, or five-point harnesses on elevated platforms of powered industrial trucks and asked about penalties for fall hazards. OSHA said the…

Opinion Letter June 28, 2004

Rehabilitation pay plans and the FLSA salary basis

An employer asked whether two plans for salaried exempt employees returning part time after illness or injury would preserve the FLSA salary basis. WHD said converting recuperating employees to…

Opinion Letter June 25, 2004

Fiscal year 2005 unemployment insurance State Quality Service Plan instructions

ETA gave state unemployment agencies the fiscal 2005 instructions for their State Quality Service Plans. It specified performance and data validation criteria, when corrective action plans were…

Guidance June 24, 2004

Union death-benefit fund as a remembrance fund

A union asked whether a fund paying up to $250 to a deceased member’s beneficiary was an ERISA welfare plan. EBSA treated the described small payment as a remembrance under its regulation, excluding…

Opinion Letter June 21, 2004

Corrected 2004 WIA allotments and congressional rescissions

ETA corrected its earlier instructions for distributing 2004 workforce funds to states and outlying areas, including a congressional funding reduction. The letter revises attachment references,…

Guidance June 18, 2004

AED training and supplies under confined-space and first-aid standards

An employer asked whether confined-space rescuers trained in CPR must also be trained to use an automated external defibrillator, and whether an AED must be part of required first-aid supplies. OSHA…

Opinion Letter June 17, 2004

When powered industrial trucks are unsafe or need repair

An employer asked how OSHA distinguishes a powered industrial truck that is in need of repair, defective, or unsafe under 29 CFR 1910.178. OSHA said the assessment depends on the truck's condition,…

Opinion Letter June 17, 2004

2003 Adult and Dislocated Worker fund rescission

ETA told state workforce agencies how to apply a 0.59 percent rescission to the fiscal 2004 Adult and Dislocated Worker allotments used in program year 2003. States could distribute the reduction…

Guidance June 15, 2004

Domestic agricultural in-season wage survey forms

ETA told state workforce agencies that OMB had extended approval of the domestic agricultural in-season wage report, Forms ETA 232 and 232A, and the narrative plan used for agricultural…

Guidance June 14, 2004

OSHA guidelines are advisory and do not support citations

OSHA reminded regional administrators that its workplace guidelines are advisory and informational tools for reducing injuries. The memorandum says failing to implement a guideline is not itself a…

Guidance June 7, 2004

Career assistance for spouses of fallen law enforcement officers

ETA announced a four-year demonstration grant for the Steve Young Memorial Scholarship Program, which offered up to $15,000 in career training and related services to eligible spouses of law…

Guidance June 4, 2004

Negotiating 2004 labor exchange employment performance goals

ETA directed state workforce agencies to negotiate program year 2004 targets for entered employment and employment retention in the public labor exchange. States were to propose targets and…

Guidance June 3, 2004

Detention facility construction under Davis-Bacon

WHD reviewed construction of a detention center under a federal service contract. It concluded that substantial, separable construction was ascertainable when the contract was awarded and was…

Opinion Letter June 3, 2004

Standard meaning can change only through rulemaking

An employer asked OSHA to expand a ladder slip-resistance requirement beyond ladder feet to railings and end-caps. OSHA said an interpretation letter may explain how a standard applies but cannot…

Opinion Letter June 2, 2004

Port-of-entry officers and the FLSA law-enforcement work period

A state asked whether its port-of-entry officers could use the FLSA section 7(k) law-enforcement overtime work period. WHD said the described officers did not qualify because they lacked arrest…

Opinion Letter June 1, 2004

OSHA jurisdiction over oil and gas pipelines

A petroleum company asked whether OSHA or federal pipeline rules govern oil and gas pipeline working conditions and whether a utility owner must respond when an excavator asks it to locate…

Opinion Letter May 28, 2004

Footwear and fall protection on steep roofs

A contractor asked whether workers installing sheet metal on steep roofs must wear tennis shoes to prevent slips, or whether those shoes are prohibited. OSHA said workers must use one of the…

Opinion Letter May 28, 2004

MSDS duties after a chemical manufacturer exits business

A company asked whether a chemical manufacturer that closes or discontinues a product line must keep providing material safety data sheets and product information. OSHA said the Hazard Communication…

Opinion Letter May 27, 2004

Fixed ladder retrofits and cage spacing

An employer asked whether fixed ladders and cages built before OSHA's ladder standard must be retrofitted and how far apart the cage extensions may be. OSHA said the standard has no grandfather…

Opinion Letter May 27, 2004

Steel-column anchorage and four anchor rods

A steel contractor asked whether a column could be field-welded to a base plate with four anchor rods already embedded in a concrete footing. OSHA said the column anchorage requirement does not…

Opinion Letter May 27, 2004

White-noise reverse alarms on construction equipment

A construction company asked whether a reverse alarm using white noise instead of a single tone could satisfy OSHA's construction equipment rules. OSHA said those provisions do not require a…

Opinion Letter May 27, 2004

FMLA medical recertification and absence patterns

An employer asked how often it could request FMLA medical recertification for chronic or recurring conditions and how to address Monday or Friday absence patterns. WHD discussed the applicable…

Opinion Letter May 25, 2004

First-aid provider designation in maintenance and construction

A state transportation agency asked whether employers must designate trained employees as first-aid responders under OSHA's general-industry and construction standards. OSHA said the…

Opinion Letter May 25, 2004

Blind securities trades through an alternative trading system

A trading-system operator asked whether a plan’s securities trades with a party in interest or fiduciary affiliate violated ERISA. EBSA said truly blind trades through the described anonymous…

Opinion Letter May 24, 2004

OSHA standards for terrorist-event emergencies

A senator asked how OSHA standards apply to employee escape and protection during a terrorist event. OSHA said terrorist events were not treated as foreseeable workplace emergencies for the cited…

Opinion Letter May 24, 2004

Grandfathered floor-offset pension arrangement after amendment

An employer asked whether amending a defined benefit plan to reduce future accruals would end a pre-December 17, 1987 floor-offset arrangement’s grandfathered treatment under ERISA section 407. EBSA…

Opinion Letter May 20, 2004

Calendar year 2004 interest on Title XII unemployment fund advances

ETA announced a 5.9843 percent interest rate for Title XII unemployment fund advances during calendar 2004. It told states expecting a loan to arrange a lawful source for interest payments,…

Guidance May 19, 2004

Student marketing interns and employee status

A company asked whether college students earning credit in a marketing internship could work without FLSA pay. WHD found the facts insufficient to decide whether the students were employees under…

Opinion Letter May 17, 2004

Masonry-wall homes under OSHA's residential-construction directive

A home builder asked whether houses with masonry walls and wood roof trusses fell within OSHA's residential-construction fall-protection directive. OSHA said the directive was written for…

Opinion Letter May 17, 2004

Health Coverage Tax Credit gap filler grants, Change 1

ETA changed its guidance on National Emergency Grant funds for people eligible for the Health Coverage Tax Credit. States could request funds to pay 65 percent of qualified health premiums for up to…

Guidance May 13, 2004

Time tracking for exempt employees

An exempt employee objected to being required to clock in, keep a timesheet, and report daily hours under the employer’s policy. WHD said FLSA recordkeeping rules do not prevent an employer from…

Opinion Letter May 13, 2004

Meal reimbursement for out-of-town work travel

An employer asked whether it could reimburse hourly workers for meals on out-of-town work trips without increasing their overtime regular rate. WHD said reasonable reimbursements for meals during…

Opinion Letter May 13, 2004

Temporary wiring support spacing

A contractor asked whether securing temporary Romex wiring every 10 feet would violate OSHA's construction electrical standards. OSHA said Subpart K does not set a particular maximum distance…

Opinion Letter May 13, 2004

Aluminum forms as trench-excavation egress

A home builder asked whether workers could use aluminum forms as an alternative exit route from trench excavations. OSHA said the forms' narrow stiffeners and the step from the form to the bank…

Opinion Letter May 11, 2004

High-visibility garments in highway work zones

A road-building association asked whether OSHA's construction rules require high-visibility warning garments for workers in highway work zones and whether OSHA would update its rules when FHWA…

Opinion Letter May 11, 2004

Localization of work for unemployment insurance wage reporting

ETA explained how states should decide which state receives unemployment insurance wage reports when an employee works in multiple states. Its guide applies a sequence of tests: where work is…

Guidance May 10, 2004

Eyewashes and showers near spray finishing operations

An employer asked whether a spray booth using lacquer and contact adhesive required an emergency eyewash and shower. OSHA said the spray-finishing rule does not itself require those facilities, but…

Opinion Letter May 5, 2004

Slip-resistant feet on construction ladders

An employer asked OSHA to interpret the construction ladder rule as requiring slip-resistant strips and end-caps on upper ladder rails. OSHA said the rule's reference to slip-resistant feet means…

Opinion Letter May 3, 2004

Multiemployer holiday and vacation trust under ERISA

A jointly maintained union-employer trust asked whether its holiday and vacation payments were merely payroll savings outside ERISA. EBSA said participants did not own the trust accounts and that…

Opinion Letter April 30, 2004

Noise records retained by successor employers

A successor employer asked whether it must retain hearing tests and other noise records created by the previous owner of a manufacturing business. OSHA said the former employer must transfer the…

Opinion Letter April 27, 2004

Rescue of a suspended worker after a fall

An employer asked how long a worker may remain suspended after falling from a bucket truck and what protection is needed during self-rescue. OSHA said its standards do not set one universal…

Opinion Letter April 27, 2004

2004 WIA state planning for ten early implementing states

ETA told ten states whose initial Workforce Investment Act plans expired in 2004 how to keep their state plans approved for federal funding. Each could extend its existing plan for one year or…

Guidance April 22, 2004

Applications for WIA Section 503 incentive grants, PY 2002

ETA updated state applications for incentive grants based on Program Year 2002 results across workforce, adult education and vocational education programs. States had to document planned uses and…

Guidance April 21, 2004

Deflection limits for underslung bridge scaffolds

A bridge-platform manufacturer asked how to measure scaffold span and apply the deflection limit to an underslung platform supported by cables. OSHA said the relevant span is the distance between…

Opinion Letter April 21, 2004

Alternative fall protection during precast concrete erection

A contractor asked whether a controlled access zone could replace conventional fall protection during leading-edge precast concrete erection. OSHA said the standard presumes conventional protection…

Opinion Letter April 20, 2004

Labor exchange reporting corrections, Change 1

ETA amended the labor exchange reporting handbook for state workforce agencies. It removed the Vietnam Era Veterans reporting category, extended the newly separated veteran definition from 12 to 36…

Guidance April 13, 2004

Nonprofit traumatic brain injury association coverage

A nonprofit association providing support and information to people with traumatic brain injuries asked whether it was a covered enterprise under the FLSA. WHD said the association, as described,…

Opinion Letter April 9, 2004

Temporary workers and the FMLA employee threshold

An employer asked whether temporary agency workers, day laborers, and an owner counted toward the FMLA’s 50-employee coverage threshold. WHD said joint employment and the workers’ relationship to…

Opinion Letter April 5, 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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