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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Jaguar depositary shares as employer securities Unknown
EBSA said Jaguar plc depositary shares represented by ADRs were qualifying employer securities on the stated facts. Related concentration and transaction exemptions depended on the plan and…
In-plant and shipped-container chemical labels
A wood-products group asked OSHA whether its chemical-label system met the hazard communication standard. OSHA said in-plant systems could use numerical ratings when correctly selected and supported…
Meaning of longspan for steel joists and trusses Unknown
A steel joist trade group asked what “longspan” meant in OSHA’s construction standard. OSHA said the term covered any joist or truss spanning at least 40 feet, regardless of the industry’s product…
Portable music players with hearing protection
An OSHA area office asked whether workers could use portable music players in a noisy workplace. OSHA said ordinary headsets offered little noise protection, and playing them over required hearing…
Eyeglass inserts inside full-face respirators
A respirator company asked whether users could wear spectacle inserts other than those supplied by the respirator maker. OSHA said an insert could be accepted if it did not interfere with the…
Noise standard coverage for cotton gins Unknown
An attorney asked whether OSHA’s occupational noise standard applied to cotton gins. OSHA said a grower’s facility processing only that grower’s cotton was an agricultural operation outside the…
Washington conformity decision on experience rating
ETA announced the Secretary’s Washington conformity decision on retroactive experience rating for marginal labor force attachment workers and the subsequent settlement. ETA still lists the letter as…
Wimberly decision on pregnancy and unemployment benefits
ETA summarized the Supreme Court’s Wimberly decision concerning pregnancy-related unemployment and state good-cause rules. ETA still lists the letter as continuing.
Closed-circuit breathing apparatus for firefighters
A state safety official asked why OSHA accepted two closed-circuit breathing apparatus models for firefighting despite a narrower NIOSH certification. OSHA explained the testing and service-life…
Loose-fitting powered respirators for bearded workers
A respirator company asked about loose-fitting powered air-purifying respirators used by workers with beards. OSHA said approved anti-aspiration parts must be used, and it had accepted certain…
Decelerating vacation accrual and probationary forfeitures violate Suastez
A trade association's executive asked DLSE to review specific vacation-accrual mechanics against the Suastez decision and Interpretive Bulletin 86-3. DLSE found that disproportionate, decelerating…
Crane rules for pile driving and drag-line work
An OSHA region asked which crane rules applied when cranes were used for pile driving, drag-line or clam-shell work. OSHA said pile driving was construction or marine work governed by construction…
1986 tax and immigration amendments affecting UI
ETA explained 1986 federal amendments affecting unemployment taxation, alien farmworker coverage, and immigration-status verification, with three attached interpretations. ETA still lists the letter…
Sick leave convertible to 'personal compelling business' time is treated as vacation
A bank's personnel assistant asked DLSE about a policy letting employees use 3 days (24 hours) of earned sick leave for "personal compelling business" once 80 hours of sick leave had accrued. DLSE…
Minimum wage as a draw against commissions, and reconciliation timing
An individual asked DLSE about paying minimum wage combined with commissions. DLSE explained that an employee covered by an Industrial Welfare Commission order must be paid at least minimum wage for…
Prosecution of fraudulent unemployment claims
ETA explained state obligations to recover fraudulent benefit overpayments after federal plea agreements and when states must refer fraud cases to the OIG. ETA still lists the letter as continuing.
Prizes count toward overtime pay only if regular and tied to job performance
A law firm asked DLSE whether the value of prizes given to employees (nominal lottery tickets and raffle prizes) must be factored into the regular rate used to calculate overtime pay. DLSE responded…
Video display workstation standards and office safety
A scientist asked whether OSHA had safety standards or guidelines for office video display workstations. OSHA said it had issued none specifically for office or terminal design, but existing…
Unemployment insurance quality-control questions and answers Unknown
ETA answered state agencies' questions about unemployment benefit quality-control reviews. The guidance covers sample sizes, how to investigate claims, and how to code findings for federal…
Tungsten carbide, cobalt exposure and respirators
A company asked whether OSHA had warned about the respiratory effects of cemented tungsten carbide and sought information on respirators. OSHA said it had issued no such warning and did not…
Safe opening of hazardous waste drums
A safety manager asked when a remotely operated device was required to open drums at a hazardous waste site and whether trained workers could use a bung wrench instead. OSHA said its rule set…
Quality-control special-study questions and answers Unknown
ETA answered state and regional questions on unemployment quality-control special studies and how study work relates to ongoing sampling requirements. Current status is unconfirmed.
Meaning of obstructed rear view for backup alarms
An OSHA regional office asked how to tell whether earthmoving equipment had an obstructed rear view under the construction backup alarm rule. OSHA said anything that interfered with the operator's…
Personal Days Off convertible to vacation are subject to the Suastez no-forfeiture rule
A company's staff attorney asked DLSE to review its Personal Days Off (PDO) policy against the California Supreme Court's Suastez v. Plastic Dress-Up decision and DLSE's Interpretive Bulletin 86-3.…
Ethylene oxide emergency plans and employee alerts
A company asked whether workplaces using ethylene oxide had to install a specific gas alarm. OSHA said employers needed written emergency plans and a way to alert workers promptly, but the rule did…
Helicopters in de-energized power-line maintenance
An electrical workers' union asked whether helicopters could be used to maintain a de-energized transmission line. OSHA said its construction rules did not specifically prohibit helicopters for that…
National Transportation Trust and ERISA plan status Unknown
EBSA said the National Transportation Trust was not itself an ERISA welfare plan because its sponsoring association was neither a qualifying employer group nor employee organization. Adopting…
OSHA and NRC jurisdiction at nuclear power plants
A worker asked OSHA about egress and radiation concerns at a nuclear power plant. OSHA said it covered nonradiological worker safety and radiation sources outside Nuclear Regulatory Commission…
Ethylene oxide emergency alerts in hospitals
A hospital safety manager asked whether the ethylene oxide rule required continuous monitoring with audible alarms. OSHA said employers must have emergency plans and a way to alert workers promptly,…
Electronic payroll deposit requires voluntary employee authorization
An employer's personnel director asked whether the company could establish an automatic electronic payroll deposit system. DLSE confirmed that Labor Code Section 213 permits automatic deposit into…
Kansas Bar Association health program status Unknown
EBSA said a Kansas Bar Association health insurance program was not itself an ERISA welfare plan because the bar association was neither a qualifying employer group nor employee organization.…
CPR training under construction first aid rule Unknown
An employer asked whether the construction first aid rule’s reference to resuscitation required cardiopulmonary resuscitation training. OSHA answered that CPR was not required to comply with that…
A vacation accrual rate that decelerates mid-employment is a Suastez red flag, with a narrow pre-existing-policy exception
An attorney asked DLSE to review a client's vacation policy where the accrual rate accelerated in the second six months of employment, then decelerated and leveled off, under the Suastez decision.…
Reasonable assurance for school employees between terms Unknown
ETA interpreted the federal reasonable-assurance standard for denying unemployment benefits to educational employees between or within academic terms. Current status is unconfirmed.
Cafeteria-style benefit plans under IRC Section 125 do not excuse compliance with Suastez
A bank's general counsel asked DLSE how Interpretive Bulletin 86-3 (applying the Suastez decision) interacts with IRS regulations under Internal Revenue Code Section 125 governing cafeteria-style…
Quarterly incentive bonus payments must still meet Labor Code Section 204's payday timing
An attorney asked DLSE to review a client's "Quality Incentive Bonus Plan" against Labor Code Sections 204 (payday timing) and 210 (penalties for late wages). DLSE confirmed that paying the bonus…
Lead medical removal after an eighteen-month period
A lawyer asked what happens after an employer voluntarily removes a worker from lead exposure for eighteen months. OSHA said an examination remained required, voluntary removal and benefits could…
Labor-management cooperation trust as welfare plan Unknown
EBSA said a labor-management cooperation trust was an ERISA welfare plan because its described activities included benefits within ERISA section 3(1). The Justice Department separately addressed its…
Traditional sabbatical leave generally falls outside Suastez, decided case-by-case
A company president asked DLSE how the Suastez decision and Interpretive Bulletin 86-3 apply to sabbatical leave. DLSE explained that sabbatical leave is generally not covered by Suastez, assuming…
Testing and approval of hand-held electrical tools
A tool company asked whether all hand-held electrical construction tools, including grounded and double-insulated models, needed laboratory testing. OSHA confirmed that its construction electrical…
Blind exchange trades of bank stock by IRAs Unknown
EBSA said blind exchange trades of a bank parent’s stock directed by unaffiliated IRA participants did not involve the specified tax-code sale or benefit prohibitions, and the bank’s…
Portable GFCI placement on construction extension cords
An OSHA region asked whether a belt-worn portable ground-fault circuit interrupter protected workers using extension cords. OSHA said a device at the far end of a miswired cord could leave the cord…
Roof anchors for window-washing equipment and lifelines
An architect asked about roof attachment points for window-washing equipment. OSHA said equipment anchors should be permanent and able to support the intended load, while workers' lifelines needed…
Kansas accountants association health program Unknown
EBSA said a Kansas accountants association health insurance program was not itself an ERISA welfare plan because the association was neither a qualifying employer group nor employee organization. An…
Catholic health system retirement plan as church plan Unknown
EBSA said the Health Services Retirement Plan and Trust was a church plan excluded from ERISA Title I on the stated participation and religious-affiliation facts. Substantial growth among unrelated…
Workweek overtime and split-shift premium explained for an irregular retail schedule
A retail employer's assistant employee relations manager asked DLSE about overtime owed under a specific weekly work schedule. DLSE explained that IWC Order 7-80 requires overtime after 8 hours in a…
Mild hydrotreatment under the hazard communication standard
A senator asked OSHA to revisit its hazard communication interpretation of mildly hydrotreated mineral oils. OSHA explained the sources and process information behind its earlier interpretation and…
Computing pro rata vacation pay for salespeople on a draw plus commissions
A trade association's executive director asked DLSE how vacation pay should be computed for salespeople paid a draw plus commissions, following the Suastez decision. DLSE explained that Suastez lets…
Retrofitting forklifts with operator restraints
A company asked about adding operator restraints to forklifts to reduce rollover injuries. OSHA said replacing a seat with one of equal or better characteristics did not require advance approval…
Consumer and commercial power lawnmower standards Unknown
OSHA told regional administrators that staff had applied its consumer lawnmower rule to commercial machines. It said the consumer mower provision applied only to consumer models used by employees,…
Target-organ and manufacturer details on shipped chemical labels
An aerosol maker asked what information had to fit on small labels for products shipped to industrial users. OSHA said target-organ effects were required on shipped hazardous containers, though it…
Flexible time off (FTO) that mixes vacation, sick leave, and personal time is subject to Suastez
A manufacturers' association's general counsel asked DLSE to review a member employer's flexible time off (FTO) policy against the Suastez decision. DLSE concluded FTO usable at the employee's…
Separate lifelines for employees on suspended scaffolds Unknown
A requester asked whether workers on a suspended scaffold could share a lifeline. OSHA said the cited construction rule required each employee to have a safety belt and lifeline and did not allow…
Approval of electrical testing equipment in hazardous locations
A testing-equipment seller asked what approval OSHA required for equipment used in hazardous locations. OSHA said general-industry equipment generally had to be listed or approved by a nationally…
Floating holidays and general absence time count as vacation; deducting advanced vacation at termination
A law firm asked DLSE several questions under Interpretive Bulletin 86-3. DLSE stated that floating holidays and general absences count as vacation time under Suastez. Vacation time advanced before…
Hours for hazard communication emergency information lines
A poison center asked whether chemical manufacturers' emergency information lines had to operate around the clock. OSHA said its hazard communication rule specified no hours. It advised…
Mixing scaffold components from different manufacturers Unknown
A requester asked whether scaffold components from different manufacturers could be combined. OSHA said its scaffold rules did not prohibit mixing manufacturers’ components, but the assembled…
Target-organ warnings on shipped chemical labels
A paint-industry association asked OSHA to pause enforcement of target-organ warnings on shipped chemical labels until a uniform evidence protocol existed. OSHA denied the stay and said chemical…
UCX eligibility despite a nonconforming separation reason
ETA explained that a former service member honorably discharged after a first full term can qualify for UCX even when the DD Form 214 lists a nonconforming narrative reason for separation. ETA still…
Grounding polyethylene drums when transferring flammable liquids
An OSHA regional office asked how workers could safely transfer highly flammable liquids from polyethylene drums that could not themselves be grounded. OSHA said a grounded approved metal suction…
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.