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.

8,653 documents and counting · 8 states + federal · Updated October 28, 2026
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US

Collective plan investments and fiduciary conflicts Unknown

EBSA said the proposed collective trust’s service and deposit transactions could qualify for ERISA exemptions if their conditions were met, and said initial appointments by independent plan…

Advisory Opinion 1982-52A Opinion Letter September 28, 1982
US

Pension suspension overpayment offsets Unknown

EBSA explained how a multiemployer pension fund could recover benefits paid during work that permitted suspension. The first resumed payment could be fully offset, but later payments were generally…

Advisory Opinion 1982-51A Opinion Letter September 28, 1982
US

Realtors insurance trust plan status Unknown

EBSA said the national realtors association did not maintain a single ERISA welfare plan through its insurance trust on the submitted membership and control facts. An employer using the trust to…

Advisory Opinion 1982-50A Opinion Letter September 22, 1982
US

Plan futures margin and broker fiduciary duties Unknown

EBSA said a plan trading futures held contract rights, while margin assets held by the futures broker were not themselves plan assets on the described terms. It addressed trust custody and when the…

Advisory Opinion 1982-49A Opinion Letter September 21, 1982
US

Hospital ambulance workers in one health plan Unknown

EBSA said Orange Memorial Hospital and its ambulance service were under common control because the hospital appointed the service’s board. Covering ambulance workers therefore did not by itself end…

Advisory Opinion 1982-48A Opinion Letter September 16, 1982
US

University payroll deductions for credit-union IRAs Unknown

EBSA said a university’s multipurpose payroll-deduction system did not become an ERISA pension plan merely because employees could use it for credit-union IRAs. Employer contributions, endorsement…

Advisory Opinion 1982-47A Opinion Letter September 8, 1982
US

Workfare food stamps and UI benefit entitlement Unknown

ETA explained how mandatory food-stamp workfare allotments affect weekly unemployment benefit entitlement. Current status is unconfirmed.

UIPL No. 31-82 Guidance September 7, 1982
US

Pension-claim arbitration costs and review Unknown

The Department said making a claimant share arbitration costs equally with the trust contravened ERISA's reasonableness rule if arbitration was compulsory or the trust lacked a full and fair review…

Advisory Opinion 1982-46A Opinion Letter September 3, 1982
US

Fire hose size and reel requirements

An equipment committee asked about small hoses under OSHA’s fire protection rule. OSHA said the cited small hose was fire department hard rubber booster hose. A hose reel was preferred but not…

1982-09-01 Opinion Letter September 1, 1982
US

Chromate exposure limit as an eight hour average Unknown

A chemical company asked how OSHA's chromic acid and chromates exposure limit applied to strontium chromate and how the limit was measured. OSHA said the table had printed the limit under the wrong…

1982-08-30 Opinion Letter August 30, 1982
US

Real estate repayment of participant loans prohibited Unknown

EBSA said a participant’s transfer of real estate to repay a plan loan was a prohibited property exchange under the Internal Revenue Code, even if the loan qualified for an exemption. A trustee…

Advisory Opinion 1982-45A Opinion Letter August 27, 1982
US

Law-firm medical leave as payroll practice Unknown

EBSA said a law firm’s salary continuation during approved medical absences, paid from general assets, was a payroll practice outside ERISA welfare-plan coverage. Unpaid personal leave was also…

Advisory Opinion 1982-44A Opinion Letter August 27, 1982
US

GM income stream benefit as welfare plan Unknown

EBSA said General Motors’ guaranteed income stream program was an ERISA welfare plan and did not appear to be a pension plan on the submitted facts. It did not need to decide whether payments were…

Advisory Opinion 1982-43A Opinion Letter August 27, 1982
US

Flammable-liquid storage in unit physical operations

A company asked which flammable-liquid storage provisions applied to indoor tanks associated with acid tank vehicle loading. OSHA said the described facility appeared to be a unit physical…

1982-08-27 Opinion Letter August 27, 1982
US

Settlement arbitrator as plan fiduciary Unknown

EBSA said an arbitrator deciding how a welfare plan should pursue settlement reimbursement was acting as a plan fiduciary because he exercised discretion over plan administration. The opinion did…

Advisory Opinion 1982-42A Opinion Letter August 16, 1982
US

Affiliate pooled-fund investments and fees Unknown

EBSA said certain investments among affiliated bank pooled funds could qualify under ERISA section 408(b)(8) if its conditions were met. It would not give blanket self-dealing clearance, especially…

Advisory Opinion 1982-41A Opinion Letter August 12, 1982
US

Original health claims required for record retention Unknown

EBSA said a welfare trust could not rely only on annual-report recap sheets to meet ERISA’s six-year record-retention rule. Original claims records were needed to verify and explain the reported…

Advisory Opinion 1982-40A Opinion Letter August 10, 1982
US

Floor-opening safeguards at bus and rail repair pits Unknown

A transit authority asked how the floor opening rule applied to bus and rail repair pits. OSHA said covered pits did not violate the cited rule during maintenance. For uncovered pits, it accepted a…

1982-08-09-0 Opinion Letter August 9, 1982
US

Guarding bus and rail repair pits Unknown

A transit agency asked how OSHA's floor opening rule applied to bus and rail repair pits. OSHA said maintenance work over a pit covered by a vehicle was permissible, and employees could walk at…

1982-08-09 Opinion Letter August 9, 1982
US

Plan investment committee and trustee liability Unknown

The Labor Department said appointing an unpaid investment committee to act as the trustees’ arm would not, by itself, contravene ERISA’s trustee-control rule. The trustees remained liable for…

Advisory Opinion 1982-39A Opinion Letter August 5, 1982
US

Reuters pension fund foreign-plan exclusion Unknown

EBSA concluded that the Reuters pension fund was maintained abroad primarily for nonresident aliens and was outside ERISA Title I under the foreign-plan exclusion. Two companion letters in one PDF…

Advisory Opinion 1982-38A Opinion Letter August 2, 1982
US

Sheet-metal pension plan established despite waivers Unknown

EBSA said the sheet-metal companies had established their pension plan despite a claimed lack of intent to implement it. It cited benefits accrued for four workers to reject the no-accrual argument,…

Advisory Opinion 1982-37A Opinion Letter July 30, 1982
US

Later eye protection standard and visitor spectacles Unknown

An Army officer asked about eye protection standards and visitor spectacles. OSHA said a later ANSI edition did not become an OSHA requirement without rulemaking, though the agency accepted products…

1982-07-30 Opinion Letter July 30, 1982
US

Helene Curtis pre-ERISA asset sale transition Unknown

The Labor Department said the proposed sale of Empro stock and the plan's trademark interests to Helene Curtis could use the cited transition relief if all statutory conditions were met. Empro was a…

Advisory Opinion 1982-36A Opinion Letter July 28, 1982
US

Ford income stream benefit as welfare plan Unknown

EBSA said Ford’s guaranteed income stream program was an ERISA welfare plan and did not appear to be a pension plan on the facts submitted. It did not need to choose between unemployment and…

Advisory Opinion 1982-35A Opinion Letter July 26, 1982
US

Employer trust denied welfare reporting exemption Unknown

EBSA said the employer-controlled Bordine trust was not an employee organization, so its welfare program could not use the cited limited reporting exemption. The agency left the trust’s tax status…

Advisory Opinion 1982-34A Opinion Letter July 22, 1982
US

When pension trustees must disclose meeting minutes Unknown

EBSA said trustee meeting minutes were not automatically documents that a plan administrator must furnish under ERISA. Minutes that establish or operate the plan, such as minutes setting a claims…

Advisory Opinion 1982-33A Opinion Letter July 21, 1982
US

Multiemployer sick-pay tax reporting duties Unknown

EBSA said multiemployer plan trustees should choose the least costly feasible method for sick-pay tax reporting and employer FICA obligations, reassessing as facts change. An employer-affiliated…

Advisory Opinion 1982-32A Opinion Letter July 20, 1982
US

Side guards for pneumatic plier straightening presses Unknown

A tool manufacturer sought guidance after a variance request for two pneumatic plier straightening presses was denied. OSHA said the open sides exposed operators to pinch points and described…

1982-07-15 Opinion Letter July 15, 1982
US

Plan investment adviser fees and expense advances Unknown

The Labor Department addressed a trust’s proposed fiduciary service arrangements and said furnishing office space to trustees was not a transaction between a plan and a party in interest, while…

Advisory Opinion 1982-31A Opinion Letter July 14, 1982
US

Employee exposure record rule for finished-product warehouses

A distributor asked whether OSHA’s exposure and medical records rule applied to offices and warehouses handling finished consumer products. OSHA said the rule did not appear to apply where workplace…

1982-07-08 Opinion Letter July 8, 1982
US

Partnership fund investment manager delegation Unknown

Assuming the fund’s assets were plan assets, the Department said the described arrangement would permit delegation of management to the fund’s investment manager under ERISA section 403(a)(2). Its…

Advisory Opinion 1982-30A Opinion Letter July 7, 1982
US

Oil-and-gas royalty bonus outside pension status Unknown

EBSA said Forest Oil’s royalty bonus was not an ERISA pension plan by its written terms because payments were not tied to retirement or employment termination. Systematic deferral in actual…

Advisory Opinion 1982-29A Opinion Letter July 2, 1982
US

Backup alarms on construction equipment

An alarm maker asked what OSHA required for backup alarms. OSHA pointed to its construction vehicle and earthmoving equipment rules and said compliant alarms were acceptable, but OSHA did not…

1982-06-25 Opinion Letter June 25, 1982
US

Four union health funds covered by ERISA and predecessor law Unknown

EBSA concluded that four named laborers and carpenters health and welfare funds were covered by ERISA Title I and had also been covered by the earlier Welfare and Pension Plans Disclosure Act. The…

Advisory Opinion 1982-28A Opinion Letter June 21, 1982
US

Conrail payroll deduction IRA program and ERISA status Unknown

EBSA said Conrail’s selection and review of IRA sponsors did not alone make its payroll deduction program an ERISA pension plan. The program would remain outside that definition only if all…

Advisory Opinion 1982-27A Opinion Letter June 16, 1982
US

Crane certification in marine construction Unknown

An OSHA regional office asked when longshoring certification requirements apply to cranes used in marine construction. OSHA said marine construction cranes were not subject to those certification…

1982-06-14 Opinion Letter June 14, 1982
US

Sponsor-paid trustee and brokerage services for benefit plans Unknown

EBSA said The Ohio Company’s proposed trustee and brokerage service arrangement could use the ERISA exemption for necessary services if its conditions were met. Sponsor payment and independent…

Advisory Opinion 1982-26A Opinion Letter June 9, 1982
US

Coal-mine burial fund is an ERISA welfare plan Unknown

EBSA found that a voluntary coal-mine employee association’s death benefit fund was an ERISA welfare plan. Its cash death payments were more than the small remembrances excluded by regulation, so…

Advisory Opinion 1982-25A Opinion Letter June 8, 1982
US

Trustee repurchase agreements with IRA and Keogh plans Unknown

EBSA said Home Federal, acting as trustee, would engage in a prohibited transaction if it caused the described IRA or Keogh plans to buy its own repurchase agreements. The agency did not decide any…

Advisory Opinion 1982-24A Opinion Letter June 4, 1982
US

Eligibility Review Program operations

ETA urged state agencies to operate the Eligibility Review Program in all local offices and described review practices. ETA still lists the letter as continuing.

UIPL No. 20-82 Guidance May 25, 1982
US

Puerto Rico IRA tax bill and ERISA fiduciary duties Unknown

EBSA said Puerto Rico’s proposed IRA tax provisions would not be preempted merely because they were income tax laws. IRA programs that were ERISA pension plans would still have to meet federal…

Advisory Opinion 1982-23A Opinion Letter May 21, 1982
US

Dissimilar metals in tube and coupler scaffolds Unknown

A scaffold company asked whether aluminum tubes and steel clamps could be used together. OSHA said permanent use of dissimilar metals would reduce design strength, but short-term use without…

1982-05-13-0 Opinion Letter May 13, 1982
US

Photochromatic safety lenses in changing light Unknown

An optical company asked for OSHA's ruling on photochromatic safety lenses. OSHA said variable tint lenses were unsuitable for indoor work with changing light, but could be used in steadier indoor…

1982-05-13 Opinion Letter May 13, 1982
US

Bank affiliate mortgage investment services and fiduciary duties Unknown

EBSA said the bank and an investment affiliate would be fiduciaries in the described mortgage investment programs. Their services could qualify for ERISA exemptions if the statutory conditions,…

Advisory Opinion 1982-22A Opinion Letter May 12, 1982
US

Tree-trimming saddle belt testing

An attorney asked how tree-trimming saddle belts should be tested. OSHA said its standards did not then provide a specific procedure. The described test appeared to meet the Act’s intent if…

1982-05-07 Opinion Letter May 7, 1982
US

Respirators for isocyanate paint spraying Unknown

A respirator company asked about protection during spraying of isocyanate-containing paints. OSHA said negative-pressure paint spray respirators did not provide adequate protection because leaks or…

1982-05-06 Opinion Letter May 6, 1982
US

Safety footwear availability in logging

An OSHA region asked how the logging footwear provision related to the general protective equipment rule. OSHA said the same interpretation applied: employers had to make appropriate safety footwear…

1982-04-29-0 Opinion Letter April 29, 1982
US

Single stroke mechanisms on enclosed power presses Unknown

An OSHA regional office asked how to classify a missing single stroke mechanism on a full revolution mechanical power press. OSHA said it could be treated as a de minimis violation only when the…

1982-04-29 Opinion Letter April 29, 1982
US

Inspection limits for commercial diving firms in 1982 Unknown

A Washington resident questioned why OSHA was not routinely inspecting small commercial diving operations. OSHA explained that a 1982 funding rider restricted programmed safety inspections of…

1982-04-23 Opinion Letter April 23, 1982
US

Employer requests for plan reports and trustee minutes Unknown

EBSA said ERISA did not generally require a plan to furnish trustee minutes and other requested documents to a contributing employer who was neither a participant nor a beneficiary. Some minutes…

Advisory Opinion 1982-21A Opinion Letter April 21, 1982
US

Employer-stock sale between profit-sharing and stock plans Unknown

EBSA said a proposed employer-stock sale from one Yellow Freight plan to its stock ownership plan could qualify for ERISA’s exemption if the price was adequate consideration. It declined to decide…

Advisory Opinion 1982-20A Opinion Letter April 15, 1982
US

Manufacturer eligibility for a scaffold variance Unknown

A scaffold manufacturer asked for a variance from a construction rule on dissimilar metals in tube and coupler scaffolds. OSHA said only an employer could seek a variance for its affected workers,…

1982-04-15 Opinion Letter April 15, 1982
US

Child-support withholding from unemployment benefits

ETA explained how state agencies should implement withholding of unemployment benefits for child-support obligations. ETA still lists the letter as continuing.

UIPL No. 15-82 Guidance April 8, 1982
US

Construction pneumatic demolition tools

A tool maker asked whether OSHA regulated the backhead design of handheld pavement breakers. OSHA said the construction pneumatic tool rule did not specify that component’s design. It said pneumatic…

1982-04-08 Opinion Letter April 8, 1982
US

Construction blasting equipment and drilling near loaded holes

A state labor commissioner asked about equipment near blast holes and drilling near loaded holes. OSHA explained which vehicles and machinery must be removed during loading and blast preparation. It…

1982-04-01 Opinion Letter April 1, 1982
US

Damaged synthetic web slings with protective outer yarns

A manufacturer asked when synthetic web slings had to be removed from service. OSHA said damage reducing load capacity required removal, but slings designed with non-load-bearing protective jacket…

1982-03-29 Opinion Letter March 29, 1982
US

Reynolds retirement account plan and employer stock Unknown

The Labor Department said Reynolds’ adopted Individual Retirement Account Plan would be an ERISA pension and individual account plan. It would also qualify as a savings plan and eligible individual…

Advisory Opinion 1982-19A Opinion Letter March 26, 1982
US

Noise action levels for work shifts over eight hours

An employer asked how the noise standard applies to shifts longer than eight hours. OSHA said the Table G-16 limit used for controls was not adjusted below 90 dB for longer shifts. The 85 dB hearing…

1982-03-26 Opinion Letter March 26, 1982
US

Employer payment of IRA payroll administration fees Unknown

EBSA said an employer could pay an IRA sponsor’s fee for operating payroll deductions without that payment alone making the IRA program an ERISA pension plan, if the fee was for the deduction…

Advisory Opinion 1982-18A Opinion Letter March 22, 1982

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