State and Federal Labor Guidance
Free state and federal labor-agency opinion letters, administrative policies, and interpretive notices, with plain-English summaries, current status, and the official source on every page.
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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…
Student Learner Exemption for Worksite Learning and Apprenticeships in Certain Hazardous Work
This L&I administrative policy explains the "student-learner exemption" that lets 16- and 17-year-olds in a paid, OSPI-approved worksite learning program or a registered apprenticeship perform…
Paid Sick Leave - Normal Hourly Compensation
This L&I administrative policy explains how employers must calculate an employee's "normal hourly compensation" for hours of paid sick leave used under the Minimum Wage Act, including which earnings…
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 Unknown
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 Withdrawn
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 Rescinded
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 Unknown
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 Unknown
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 Rescinded
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 Rescinded
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 Unknown
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 Withdrawn
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…
Vehicle-expense reimbursement for delivery drivers
A delivery employer asked how to reimburse drivers who use personal cars without reducing their pay below the FLSA minimum wage. WHD said a reasonable approximation of actual business expenses is…
Retail exemption for oilfield waste-removal drivers
An oilfield waste-removal company asked whether its truck drivers could qualify for the FLSA's commissioned employee overtime exemption. WHD said the company may meet the retail or service…
Pandemic unemployment eligibility for caregivers during school reopening
ETA answered state questions about Pandemic Unemployment Assistance for people who could not work because a child’s school or care facility was closed due to COVID-19. The change explains how remote…
FY 2020 WOTC backlog awards, Change 1 Withdrawn
ETA selected 12 states for a total of $2.5 million in extra FY 2020 Work Opportunity Tax Credit funding to reduce certification backlogs. It gave the states award amounts and application…
Tracking unscheduled telework hours
WHD told employers to pay for remote work they know or have reason to know is occurring, including unscheduled hours. A reasonable time-reporting process can help, but the employer cannot prevent or…
Blood testing after worker exposure to infectious material
A healthcare requester asked whether an exposed worker’s blood needs testing only when the source person tests positive, and what “as soon as feasible” means. OSHA said the employer must offer…
State questions and answers on Lost Wages Assistance Superseded
ETA answered state questions about FEMA’s temporary Lost Wages Assistance supplement and clarified that one self-certification per claim could satisfy its COVID-19 disruption requirement. UIPL…
State administration of FEMA Lost Wages Assistance
ETA explained how states could administer FEMA’s temporary Lost Wages Assistance payments through their unemployment systems. It pointed states to FEMA's grant process and described claimant…
Emergency UI relief for nonprofit and government reimbursing employers
ETA instructed states how the Protecting Nonprofits Act changed temporary unemployment relief for certain nonprofit, government and tribal employers that reimburse states for benefits instead of…
How this guidance is useful
- See how the agency reads the law: An opinion letter shows how a state labor agency actually applied wage-and-hour law to a real employer's or worker's situation.
- Check the status before relying: Every page shows whether the document is still active or has been superseded, rescinded, or withdrawn, and when that status was last verified.
- Guidance, not law: These documents explain the agency's position but bind no court, and the agency can change its view. The official document linked on every page is the authoritative source.
- Research across states: Compare how different states treat the same question, from overtime and travel time to tips and independent-contractor status.
Browse guidance by state
This library covers 8 states plus federal guidance so far. Every document is checked against the agency's official source before it is published, so states are added as their labor departments' guidance is verified, not all at once. If your state is not listed yet, its labor department's own site is the place to check.