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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OMB approval of State Alien Labor Certification Activity Report
ETA notified state workforce agencies that OMB had extended approval of Form ETA 9037, used to report state alien labor certification work. It directed responsible staff to continue sending the form…
Paid sick leave at home and FLSA hours worked
A fire district asked whether employees on paid sick leave had to count that time as hours worked because they were required to stay home and remain reachable by telephone. WHD said the described…
Trade Adjustment Assistance petition forms in English and Spanish
ETA gave state workforce agencies English and Spanish petition forms for workers seeking Trade Adjustment Assistance under the 2002 amendments. It directed states to make the new forms available…
2002–2003 H-2B landscaping job and wage classification
ETA told state workforce agencies how to classify a narrowly described set of H-2B landscaping jobs for the 2002–2003 season and which wage series to use. It excluded jobs with other duties and…
Applicability of the steel erection standard to pre-cast concrete erection work; pre-planning of hoisting routes and procedures.
A steel erector asked which OSHA standard applied to precast concrete erection and how to protect office workers below a heavy hoisted member. The 2002 answer addressed those questions, but OSHA…
Issuance of "unclassified" citations as a settlement tool.
A union challenged OSHA’s settlement of an ammonia-release inspection after a worker was killed and another seriously injured. OSHA defended its use of an “unclassified” citation as a settlement…
Field bolting and welding requirements for steel joist assembly
A steel erector asked whether welding could replace initial field bolting of long joists and when hoisting lines may be released. OSHA said joists in bays of 40 feet or more must be initially field…
Union trustees joining a New York governmental annuity fund
A union annuity fund covering New York City and related public employees asked whether five trustees employed by the union could join. EBSA found the existing fund governmental on the represented…
Revised 2002 agricultural services planning guidance
ETA changed the 2002 agricultural services planning guidance for state workforce agencies, saying it extended the submission date and corrected figures in the attached affirmative action table. The…
Application of the bloodborne pathogens standard to veterinary clinics.
An OSHA regional administrator asked whether the bloodborne pathogens standard applies in veterinary clinics. OSHA said the standard generally addresses human blood and certain other infectious…
2002 health insurance tax credit reporting for trade adjustment recipients
ETA told state workforce agencies how to identify trade adjustment recipients who might qualify for the 2002 health insurance tax credit. It directed states to send a specified list to the IRS and…
Operating instructions for the Trade Act of 2002 amendments
ETA instructed state workforce agencies how to implement the Trade Act of 2002 changes to worker Trade Adjustment Assistance, including eligibility, training, income support and the transition away…
Emergency grant funds for health coverage systems for trade-affected workers
ETA offered National Emergency Grant funds to help states build systems for health coverage assistance under the Trade Act of 2002. The letter identified eligible groups, qualified coverage, state…
Student grocery baggers and FLSA employment status
A school asked whether students could bag groceries at a supermarket for tips as an unpaid fundraiser. WHD said the students were employees because they performed work that benefited a commercial…
Questions and answers on labor exchange reporting
ETA answered state workforce agencies' questions about the revised ETA 9002 and VETS 200 labor exchange reports. The attachment covers demographic data, registration and confidentiality, reporting…
Online ETA 9002 and VETS 200 labor exchange reporting
ETA instructed state workforce agencies to submit quarterly ETA 9002 and VETS 200 labor exchange reports online through the Labor Exchange Reporting System. It set a 45-day deadline after each…
Program Year 2002 ACSI survey weights
ETA gave states updated weights for calculating Program Year 2002 customer satisfaction scores for employers, participants and job seekers. States were to use the attached state-by-state weights in…
Electrical standard requirements concerning covers for electrical pull boxes, junction boxes, and fittings.
An electrical contractor asked whether elevated temporary lighting boxes and energized office receptacles without covers violated construction rules. OSHA said an elevated box could still expose…
University retirement credit after joint-venture unwind
The University of California asked whether crediting employees’ time at a former private joint venture and transferring related balances into its plans would affect their ERISA governmental-plan…
HAZWOPER safety plans for Phase I and II environmental assessments
An environmental consultant asked whether Phase I and II site assessments require a HAZWOPER health and safety plan. OSHA said the answer depends on whether the work and exposure fall within the…
Guarding live electrical parts near unqualified employees
An employer asked whether an electrical industry standard could guide guarding and clearances near unqualified workers. OSHA discussed access controls and guarding under its electrical rules. In…
Inspection and maintenance requirements for compressed natural gas storage cylinders; use of updated Compressed Gas Association pamphlets for guidance.
A natural-gas vehicle group asked how OSHA’s compressed-gas rule applies to storage cylinders at vehicle fueling stations. OSHA said it had jurisdiction over the described onsite storage, that DOT…
HAZWOPER medical examinations must be offered at a reasonable time and without cost to the employee
A consultant asked what “reasonable time” means for medical examinations required under the hazardous waste operations standard. OSHA said exams generally should be offered during normal working…
Medical evaluations and HAZWOPER training for hospital responders
A hospital asked whether respirator users need pulmonary function tests and whether HAZWOPER awareness and operations training must take separate eight-hour blocks. OSHA said neither pulmonary…
Minimum disaster unemployment benefits for late 2002
ETA sent state unemployment agencies minimum weekly Disaster Unemployment Assistance amounts for major disasters declared from October through December 2002. Its state table generally uses half the…
BIOHAZARD labeling for shipped blood specimens
A federal transportation official asked when blood shipments need OSHA’s BIOHAZARD label. OSHA said larger labeled or color-coded containers can exempt individual inner containers, and it accepts a…
OSHA standards applicable to overhead doors at fire departments
A door service company asked whether OSHA has rules specifically for overhead doors at local fire departments. OSHA said it has no overhead-door-specific standard; general industry rules may apply…
Ventilation and vapor-area limits for dip tanks
A manufacturer asked whether vapor concentration must stay below 25 percent of the lower flammable limit throughout a dip tank’s vapor area. OSHA said no; the employer must limit the vapor area as…
Port Authority police welfare fund as governmental plan
A police association asked whether its Port Authority welfare fund was exempt as a governmental plan. EBSA found the Port Authority to be a governmental entity of New York and New Jersey and, after…
Youth summer training and FLSA employment status
A nonprofit asked whether young people in a summer program who performed clerical and neighborhood tasks were FLSA employees. WHD said the paid older mentors were employees, but it lacked enough…
Respiratory protection for hospital staff decontaminating chemical patients
An insurer asked what respiratory protection hospital employees need when decontaminating patients exposed to unknown chemicals. OSHA said its highest protection rule for responders near a release…
Identification labels on lockout devices
A safety consultant asked if white labels on lockout locks satisfy the rule that devices be standardized by size, shape, or color. OSHA said color is only one option and the locks must be…
Aircraft support contract and SCA coverage
WHD reviewed an Air Force aircraft-support contract with service work and engine overhaul. After examining the contract’s work and labor hours, it concluded that furnishing services was the…
Hanford tank retrieval construction and prevailing wages
WHD reconsidered its 1999 direction to apply Service Contract Act wages to six Hanford tank-retrieval activities. It concluded that the installation and related work were substantial construction on…
Classification of asbestos debris cleanup and surfacing-material work
An engineer asked how asbestos overspray, old debris, and contaminated ceiling tiles should be classified for construction cleanup. OSHA said removal of surfacing material is generally Class I,…
Demolition of buildings with asbestos-containing material in place
An environmental contractor asked which OSHA asbestos rules apply if a building is demolished without first removing asbestos material. OSHA said demolition is Class I if thermal insulation or…
Bloodborne pathogen precautions during elective surgery
A senator relayed a surgeon’s concern about employee exposure during elective procedures on patients with HIV. OSHA said its bloodborne-pathogens rule does not prohibit such procedures; workers must…
State workforce agency indirect cost proposals
ETA ended the practice of letting state workforce agencies rely on annual certifications of older accounting systems to recover indirect costs. It directed agencies seeking recovery for costs…
Service provider indemnification in pension fund contracts
A pension fund asked whether provider contracts could limit liability or require plan indemnification. EBSA said provisions covering a provider’s fraud or willful misconduct are void and imprudent.…
Third-party employers and the companionship exemption
A requester asked whether a staffing agency could claim the companionship-services exemption without jointly employing a worker with the household. WHD said in 2002 that the exemption could apply…
Electronic respiratory medical questionnaires
A respirator maker asked whether an employee medical questionnaire could be completed online. OSHA said electronic presentation is permitted if the required Appendix C questions keep their wording…
Proof-testing custom-designed lifting accessories
A boiler contractor asked whether a custom crane lifting accessory needs proof testing before every use and whether all units from one maker must be tested. OSHA said each custom design must be…
Field bolting of long steel joists before final welding
A steel erector asked if a joist over 60 feet could be held by a crane and welded into place without the required initial field bolts. OSHA said no: final welds and continued crane support do not…
Application of ANSI robotics standards to an assembly line
An employer asked whether a revised ANSI robotics standard applied while an assembly line was being installed. OSHA said ANSI standards are voluntary unless adopted by OSHA, and it had no specific…
Paid firefighters, sleep time, and multiple rates
A town asked about a staffing plan for firefighters it called volunteers but would pay hourly wages. WHD said they were employees, and it could exclude up to eight hours of scheduled sleep from a…
State unemployment tax rate manipulation and SUTA dumping
ETA described how employers could shift payroll to related entities or acquire a low-rate company to reduce state unemployment taxes. It recommended that states consider laws to preserve an…
Underground construction rules for an immersed tube tunnel
An OSHA regional administrator asked whether the underground construction rule covered an immersed tube tunnel laid beneath a channel. OSHA said it did: the completed tube was covered, connected to…
Safety rules for microwave devices in medical laboratories
A dental school professor asked which OSHA rules apply to microwave devices used to prepare medical specimens. OSHA identified radiation, electrical, flammable-liquid, and chemical standards, and…
Level I and II wages in foreign labor certification
ETA clarified how state workforce agencies should choose Level I or Level II prevailing wages for foreign labor certification jobs. Its attached questions and answers say the employer's job…
Late eligibility notice and FMLA enforcement
A requester asked whether late notice of FMLA ineligibility made an employee eligible for protected leave despite not meeting the 1,250-hour test. WHD said it generally would not pursue a case…
Administrative services for an employer’s customers
A services company asked whether an employee could qualify for the FLSA administrative exemption while performing administrative work for its customers. WHD said the exemption can apply to work…
Standards applicable to cotton gins
OSHA instructed its regional offices that cotton ginning is an agricultural operation. It said agriculture rules and the limited general industry standards incorporated into those rules apply, while…
Corrected H-2A transportation reimbursement examples
ETA replaced TEGL 23-01 to correct two examples about workers moving from H-2A jobs to employers outside the H-2A program. It explained when the first employer pays transportation to the next…
Indoor air quality documents as employee exposure records
A lawyer asked which indoor air quality reports must be preserved and made accessible as employee exposure records. OSHA said the content controls: relevant air and contaminant measurements can…
Development of a UI payment accuracy and integrity measure
ETA asked state workforce agencies to comment on three possible measures of unemployment insurance payment accuracy and integrity: a recoverable overpayment rate derived from Benefit Accuracy…
Modifying WIA and Wagner-Peyser state plans
ETA explained when states should modify their five-year workforce plans, how to submit changes, and how to add programs through unified planning. It encouraged states to use the modification process…
Glass-company pension arrangement not a multiemployer plan
A glass company and union asked whether their existing pension plan qualified as a multiemployer plan. EBSA considered the regulation’s substantial-business-purpose factors, including bargaining…
Planning for 2001 and 2002 reemployment services funds
ETA gave state workforce agencies instructions for using $35 million in program year 2002 funds to add reemployment services for unemployment insurance claimants, alongside remaining 2001 funds. It…
Minimum increments for intermittent leave after birth or adoption
WHD considered whether an employer could require at least one full workday for each intermittent leave period after a birth or adoption. It said the employee and employer’s agreement may govern the…
Workers’ compensation leave and FMLA notice
A union steward asked about a facility’s FMLA practices. WHD said workers’ compensation leave may run concurrently with FMLA leave when the absence is for a qualifying serious health condition, but…
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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.