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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FY 2021 RESEA grant funding and operating guidance
ETA set out the fiscal year 2021 funding limits and operating rules for state Reemployment Services and Eligibility Assessment grants. States seeking funding had to submit a RESEA state plan and…
Truck safety measures and owner-operator status
A motor carrier asked whether requiring truck safety measures counts as control over owner-operator drivers, and whether drivers who choose loads, supply trucks, and bear operating costs are…
Status of food-product distributors under the FLSA
A food manufacturer asked whether distributors who bought and resold its products were employees or independent contractors. Based on the described control over their operations and opportunity for…
Creative professional exemption for local journalists
Local news employers asked whether their journalists could qualify for the FLSA's creative or learned professional exemption. WHD said journalists at small or local outlets can qualify for the…
Staffing firms and the retail or service exemption
A staffing trade association asked whether firms that recruit and place temporary workers can be retail or service establishments for the FLSA's commissioned employee overtime exemption. WHD said a…
Additional pandemic UI identity verification and fraud funding
ETA offered state unemployment agencies additional funds to verify Pandemic Unemployment Assistance claimants’ identities, prevent fraud and recover overpayments in PUA and PEUC. It explained…
Overtime calculation for a tipped server and bartender
An employer asked how to calculate overtime for a worker who served tables, tended bar, received tips, and was paid service charges in one week. WHD worked through the stated 42-hour example and…
Tip pool for restaurant servers and hosts
A restaurant asked whether hosts who were paid the full minimum wage could share a traditional tip pool with servers for whom it claimed a tip credit. WHD could not conclude from the facts that the…
Seasonal amusement exemption and receipts test
Three organizations asked about the FLSA exemption for seasonal amusement or recreational establishments. WHD said an outdoor excursion operator and an event provider lacked qualifying…
Updated PUA rules under the Continued Assistance Act
ETA updated state instructions for Pandemic Unemployment Assistance after the Continued Assistance Act. The change extended the then current program, raised the maximum number of weeks, limited…
State staffing flexibility for unemployment administration
ETA explained which state unemployment administration tasks could use flexible staffing, including contractors, after emergency pandemic staffing rules expired in March 2021. It distinguished work…
Ministerial exception for religious preschool teachers
A church-affiliated daycare and preschool asked whether it could pay teachers on a salary basis outside the FLSA's wage and hour requirements. WHD said the ministerial exception would permit that…
Administrative exemption for life-science account managers
A life-science manufacturer asked whether account managers with specialized knowledge and consultative sales duties qualify for the FLSA administrative exemption. Based on the described duties and…
2021 federal civilian pay rates for unemployment calculations
ETA directed state unemployment agencies to the 2021 federal civilian pay schedules. When a federal agency did not respond promptly, states could use those salary rates with other records to…
TAA consequences of withdrawing from approved training
ETA tells state agencies to warn trade-affected workers that voluntarily leaving approved training can affect Trade Readjustment Allowances and may create an overpayment for the unfinished training.…
Renewed FPUC and new Mixed Earners Unemployment Compensation
ETA explained the Continued Assistance Act’s renewed $300 weekly federal pandemic supplement and new optional $100 Mixed Earners supplement for certain claimants with self employment income. It gave…
2021 retirement annuity and federal pension adjustments for UI
ETA alerted states to 2021 cost of living increases for Social Security survivor and retirement annuities and federal civilian pensions. States whose laws reduce weekly unemployment benefits for…
Continued Assistance Act changes to Extended Benefits
ETA told states how the Continued Assistance Act extended certain federal Extended Benefits reimbursements and adjusted coordination with Pandemic Emergency Unemployment Compensation. It also…
Continued Assistance Act changes to PEUC benefits
ETA instructed states on the Continued Assistance Act’s extension of Pandemic Emergency Unemployment Compensation through March 14, 2021 and its temporary phaseout. It increased the available…
Advance overtime payments for live-in caregivers
A home-care employer asked whether overtime it pays in advance for expected long shifts can count toward overtime owed under the FLSA. WHD said the described payments for hours over eight in a day…
Travel between home and office on a telework day
An employer asked whether a worker's trip between home and office is paid time when the worker chooses to work part of the day at each location. WHD said the travel in the stated scenarios was not…
Continued Assistance Act unemployment insurance provisions
ETA summarized unemployment provisions in the Continued Assistance Act and instructed states to implement them. The law resumed the previously expired federal pandemic supplement at a reduced $300…
Telemedicine and FMLA serious health conditions
WHD said a telemedicine examination, evaluation, or treatment can count as an in-person visit for FMLA serious-health-condition purposes when state licensing rules permit it and it generally uses…
Electronic posting of federal labor notices
WHD addressed required notices under the FLSA, FMLA, section 14(c), EPPA, and SCA for employees working remotely. Electronic notices usually supplement physical postings, but may satisfy worksite…
Fidelity bonding grants for workers with criminal records
ETA offered up to $3.3 million in Program Year 2020 grants for states to expand fidelity bonding for jobseekers with criminal records, including people recovering from drug addiction. The letter set…
2021 military pension cost of living adjustments and UI benefits
ETA informed state unemployment agencies of military retired pay cost of living adjustments effective December 1, 2020. In states whose laws reduce weekly unemployment benefits for pension income,…
Reemployment outcome measures for RESEA and UI participants
ETA announced three outcome measures for state Reemployment Services and Eligibility Assessments and unemployment programs: reemployment rates for RESEA participants and all eligible UI…
RESEA and UI participant reemployment performance measures
ETA announced three measures for reemployment outcomes of RESEA participants and eligible unemployment insurance claimants, including second-quarter employment and earnings measures. It replaced an…
HAZWOPER coverage of blood and trauma cleanup
A remediation industry group asked whether HAZWOPER applies to cleanup of blood and other potentially infectious material in homes and businesses. OSHA clarified that ordinary cleanup after an…
Minimum disaster unemployment assistance for January to March 2021
ETA gave state unemployment agencies a table of minimum weekly Disaster Unemployment Assistance amounts for major disasters declared from January 1 through March 31, 2021. The amounts use half of…
WIOA pay for performance contracting guidance
ETA explains how state and local WIOA Adult, Dislocated Worker, and Youth programs may use pay for performance contracts. Under these optional contracts, WIOA funds are paid after performance occurs…
Unemployment claims from 2020 Census temporary workers
ETA told state unemployment agencies that temporary workers separating after the 2020 Census were federal employees for unemployment claim purposes. States were to use federal identification code…
Corrected fiscal 2021 UI resource planning tables
ETA corrected two attachments to UIPL 2-21 after links in its allocation calculation file became misaligned and produced incorrect state planning amounts. States were instructed to replace the…
Agricultural overtime exemption for an insect farm
An insect farm asked whether its described workers fall under the FLSA overtime exemption for agricultural employees. WHD concluded that insect farming qualifies as agriculture and that all the…
Regular rate for piece-rate truck unloaders
A company asked whether it may calculate piece-rate unloaders' regular rate by dividing their piece earnings by all hours worked, including nonproductive hours, without a separate written agreement.…
WIOA Adult program priority for people most in need
ETA tells states and local workforce areas to strengthen policies for WIOA Adult services that prioritize public assistance recipients, low-income people, and people who lack basic skills. The…
Correction to Lost Wages Assistance state guidance
ETA directed states to FEMA’s Lost Wages Assistance guidance and corrected an answer in UIPL 27-20, Change 1 about payment of historical benefit weeks. This change expressly superseded Change 1. The…
FY 2021 initial Work Opportunity Tax Credit allotments
ETA gave state workforce agencies initial FY 2021 Work Opportunity Tax Credit administration funds under a continuing resolution through December 11, 2020. It listed state allotments and asked for…
COVID-19 health and safety practices for farmworkers
ETA asked National Farmworker Jobs Program grantees to share CDC and OSHA COVID-19 guidance with farmworkers and, where possible, help with safe housing. It strongly recommended that state workforce…
Eyewash after blood or infectious-material exposure
A county worker asked how much portable eyewash solution must be available where blood or other potentially infectious material might splash into workers’ eyes. OSHA said the bloodborne-pathogens…
Travel time for construction crews at remote sites
A construction employer asked which travel time is paid for foremen and laborers assigned to remote jobs. WHD said the foremen's travel was compensable in all three scenarios, while the laborers'…
Pay for voluntary employee training
An employer asked whether six voluntary training and travel scenarios counted as paid work. WHD said training taken during regular work hours counted, even when unrelated to the job, while the…
UI information technology security guidance for state agencies
ETA sent state workforce agencies an updated UI IT Security Guide and encouraged periodic security assessments and audits using NIST guidelines. States must assure ETA that their UI systems maintain…
Dislocated worker grant incremental funding review, Change 1
ETA clarified how it would review requests for additional National Dislocated Worker Grant funding, including the applicant’s past performance and continued need. The change added language to…
Replacement servers for state unemployment insurance databases
ETA notified state workforce agencies that it would replace their aging Sun servers with HP Proliant DL20 systems for unemployment program reporting. It described the equipment, data migration and a…
Integrating TAA and WIOA dislocated worker services
ETA asks states to coordinate Trade Adjustment Assistance and WIOA Dislocated Worker services for people affected by trade. It explains the TAA rule requiring co-enrollment in the WIOA program and…
Workplace rules for nitrogen-gas products
A company asked OSHA to evaluate products that release pure nitrogen gas and questioned nitrogen’s classification as a simple asphyxiant. OSHA said it does not approve or endorse commercial…
Corrected ingredient and exposure-limit SDS guidance
A requester identified inconsistencies in OSHA’s 2018 answer about chemical ingredient and exposure-limit disclosures on safety data sheets. OSHA corrected its eight scenarios: ingredients with…
Fiscal 2021 state UI resource planning targets and guidelines
ETA provided states with preliminary fiscal 2021 unemployment insurance administration funding and staffing targets and explained how it calculated them. States were instructed to use the tables in…
Revised 2020 SCSEP national grantee allocations, Change 1
ETA revised Program Year 2020 Senior Community Service Employment Program national grantee allocations and extended existing grantees’ operations through December 2020 during a competition for new…
Temporary enforcement guidance for tight-fitting PAPRs during COVID-19
OSHA gave inspectors temporary discretion on fit testing NIOSH-approved tight-fitting powered air-purifying respirators used for high-risk COVID-19 work when testing supplies were unavailable. The…
Minimum disaster unemployment assistance benefits for late 2020
ETA published state-by-state minimum weekly Disaster Unemployment Assistance amounts for major disasters declared from October through December 2020. States were instructed to use these amounts when…
Hydration in work areas with low beryllium dust
An aluminum smelter asked whether workers may briefly drink fluids or eat popsicles outside break rooms to prevent heat illness where beryllium levels are low. OSHA said those locations become…
Acceptable military separation reasons for ex-servicemember UI
ETA updated the military separation reasons states may accept when deciding Unemployment Compensation for Ex-servicemembers claims. It also explained how states should handle a DD Form 214 reason…
Suitable employment test before TAA training approval
ETA tells state agencies to assess whether suitable work is available before approving Trade Adjustment Assistance training. The letter explains that suitable work depends on skill level and pay,…
Seasonal establishment exemption during the pandemic
WHD said it would refrain from certain minimum-wage and overtime enforcement against previously exempt seasonal amusement, camp, and conference establishments that changed programming during the…
Fiscal 2021 state UI quality service plan instructions
ETA gave state UI agencies supplemental instructions and priorities for their fiscal 2021 State Quality Service Plans, including performance and reporting requirements. The PDF printed an expiration…
Fraud prevention funding and controls for pandemic UI programs
ETA reminded state UI agencies of fraud prevention and recovery duties and described tools for detecting identity theft and improper payments. It also offered funding to help states address fraud in…
Fluctuating workweek overtime when hours stay above 40
An employer asked whether fluctuating workweek overtime requires hours to move both above and below 40 from week to week. WHD said hours need only fluctuate from week to week; they may always exceed…
Professional exemption for part-time corporate trainers
An employer asked whether part-time management trainers paid by the day plus hourly development pay qualify for the learned professional or highly compensated employee exemptions. WHD said they…
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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.