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

Separate defined benefit plans report separately Unknown

EBSA said each defined benefit plan treated as a separate plan under the cited Treasury ruling was also separate for ERISA Title I reporting and disclosure. Each plan administrator had to meet those…

Advisory Opinion 1982-17A Opinion Letter March 10, 1982
US

Walkway width for equipment maintenance access Unknown

A steel company asked what minimum width would be acceptable for a walkway used to maintain and reach equipment. OSHA said an 18-inch walkway would comply with the intent of its then-current general…

1982-03-09 Opinion Letter March 9, 1982
US

Minnesota usury law and ERISA participant loans Unknown

EBSA said ERISA preempted Minnesota’s general usury statute to the extent it applied to loans by employee benefit plans. The statute regulated lending broadly rather than banking, insurance, or…

Advisory Opinion 1982-16A Opinion Letter March 8, 1982
US

Taco Bell voluntary disability plan ERISA exclusion Unknown

EBSA said Taco Bell’s California voluntary disability plan, as operated solely to provide state-mandated disability benefits, was excluded from ERISA Title I. Additional disability benefits required…

Advisory Opinion 1982-15A Opinion Letter March 8, 1982
US

General industry rules for water well drilling

An OSHA region asked which standards applied to water well drilling. OSHA said employers engaged in that work should comply with applicable general-industry standards because the hazards resembled…

1982-02-26 Opinion Letter February 26, 1982
US

Uniform 13.75-inch rungs on a fixed ladder Unknown

An OSHA regional office asked how to treat a fixed ladder with uniformly spaced 13.75-inch rungs, above the rule's 12-inch maximum. OSHA said the condition could be noted as a de minimis violation.…

1982-02-21 Opinion Letter February 26, 1982
US

Rubber hoods over beards beneath respirators

A union asked whether a rubber diving hood under a respirator could provide a seal over a beard. OSHA said it would treat that arrangement as unacceptable in hazardous atmospheres without…

1982-02-25 Opinion Letter February 25, 1982
US

Grain elevator inspection guidance for mixed facilities Unknown

A company asked how OSHA's grain elevator inspection instruction applied to facilities with both grain handling and milling, and to several safety devices. OSHA said the instruction covered typical…

1982-02-24 Opinion Letter February 24, 1982
US

Third-class mail for benefit-plan disclosures Unknown

The Labor Department said the AFTRA funds could use second- or third-class mail for required plan materials without guaranteed forwarding if they requested address corrections and resent corrected…

Advisory Opinion 1982-14A Opinion Letter February 19, 1982
US

Banks offering payroll deduction IRAs to their own staff Unknown

EBSA said a bank offering its public IRA products to its own employees through payroll deduction would not endorse the program solely by using one in-house investment option if the stated conditions…

Advisory Opinion 1982-13A Opinion Letter February 17, 1982
US

De minimis treatment of indoor consumer-product storage aisles

An attorney asked whether consumer-product storage aisle arrangements that departed from the literal flammable-liquid table could be treated as de minimis. OSHA confirmed that understanding under…

1982-02-16 Opinion Letter February 16, 1982
US

Grounding portable generators and hand-held tools

An insurer asked about generator and power tool grounding on construction sites. OSHA said generators above 150 volts needed frame grounding under the cited 1971 code, while smaller generators could…

1982-02-14 Opinion Letter February 14, 1982
US

Safety chains at ladderway openings Unknown

An engineering firm asked whether chains could replace a swinging gate at a ladderway opening. OSHA said its rule called for a gate or offset passage, but chains offering at least equivalent…

1982-02-12 Opinion Letter February 12, 1982
US

Counterweights for two point suspension scaffolds Unknown

A scaffold company asked whether outrigger counterweights had to be made of non-flowable material. OSHA said the then-current rule required sound, rigid anchorage rather than naming a material,…

1982-02-11 Opinion Letter February 11, 1982
US

Passive brokerage custodian and transaction exemption Unknown

EBSA said Sutro, acting only as a passive custodian for Keogh or simplified employee pension accounts, was not a trustee for purposes of the cited prohibited-transaction exemption. Its lack of…

Advisory Opinion 1982-12A Opinion Letter February 5, 1982
US

Tip-up guardrails for roof window cleaners Unknown

An engineer asked whether a particular hinged rooftop guardrail could protect window cleaners. OSHA said the described placement appeared to meet the intent of its guardrail rule, provided the…

1982-02-04 Opinion Letter February 4, 1982
US

Intercompany reinsurance in ERISA five-percent test Unknown

EBSA said premiums paid when one Sears-group insurer reinsured another’s plan coverage were not counted a second time under ERISA’s five-percent test for insurer contracts. The plan paid the…

Advisory Opinion 1982-11A Opinion Letter February 3, 1982
US

Bricklayers health fund status and termination assets Unknown

EBSA said a bricklayers health fund remained an ERISA welfare plan even after employer contributions stopped, assuming the fund still operated under the trust agreement and its trustees remained…

Advisory Opinion 82-9A Opinion Letter February 1, 1982
US

IRA loans to a closely held company and self-dealing Unknown

EBSA said three described IRAs were outside ERISA Title I assuming they met the Internal Revenue Code’s IRA requirements. But their owners’ direction of loans to a company they owned was likely to…

Advisory Opinion 82-8A Opinion Letter February 1, 1982
US

New Jersey transit pension plans as governmental plans Unknown

EBSA said New Jersey Transit and its two controlled bus subsidiaries were state agencies or instrumentalities on the stated facts. Their employee pension plans were therefore outside ERISA Title I…

Advisory Opinion 82-7A Opinion Letter February 1, 1982
US

Minister’s Group Trust outside ERISA plan status Unknown

EBSA said the Minister’s Group Trust was not itself an ERISA welfare plan because unrelated participating employers did not control it and its administrator did not act on their behalf. Individual…

Advisory Opinion 1982-10A Opinion Letter February 1, 1982
US

New Hampshire health coverage law and ERISA preemption Unknown

EBSA said New Hampshire could apply the cited extended-coverage requirements to insurers selling group policies, including to ERISA plans. The state could not impose the same requirements directly…

Advisory Opinion 82-6A Opinion Letter January 29, 1982
US

Seat-belt requirements for trenching equipment

An OSHA region asked about a trenching machine with a plowing attachment. OSHA said the cited seat-belt rule applied while the equipment traveled to or from trenching, but not during the described…

1982-01-29 Opinion Letter January 29, 1982
US

Welfare-plan surplus transfer to employer pension plans Unknown

The Labor Department said a proposed transfer of surplus welfare-plan assets to cover employer pension liabilities would benefit the employers and violate ERISA’s exclusive-benefit rule on the…

Advisory Opinion 82-5A Opinion Letter January 27, 1982
US

Aggregating affiliated insurers for ERISA premium test Unknown

EBSA said three affiliated Transamerica insurers should aggregate their relevant premiums when applying ERISA’s five-percent test for insurance contracts with related benefit plans. The agency…

Advisory Opinion 1982-04A Opinion Letter January 26, 1982
US

SEP disclosure method with a restricted savings option Unknown

EBSA said a non-Model simplified employee pension could use the cited alternative reporting and disclosure method even though its bank IRA offered a 90-day restricted withdrawal option. Meaningful…

Advisory Opinion 82-3A Opinion Letter January 12, 1982
US

Approved portable lights for ship repair work Unknown

An internal OSHA review considered whether specified portable lights could be used in ship repair. The memo said the maritime rules recognized Bureau of Mines approval for explosion-proof lights and…

1982-01-07 Opinion Letter January 7, 1982
US

Truman Medical Center pension plan outside governmental status Unknown

EBSA found Truman Medical Center was an independent nonprofit contractor rather than a governmental agency or instrumentality on the stated facts. Its retirement plan was therefore not excluded from…

Advisory Opinion 82-2A Opinion Letter January 6, 1982
US

Plan forfeiture rule and fiduciary duty in litigation Unknown

In a litigation letter, the Labor Department said trustees had to follow the plain meaning of an unambiguous plan forfeiture rule under ERISA and could not substitute policy preferences. It said…

Advisory Opinion 82-1A Opinion Letter January 5, 1982
US

GM savings plan and employer-note investments Unknown

EBSA said General Motors’ proposed retirement income plan was a pension plan and individual account plan. It would be an eligible individual account plan if it was a single qualified savings plan…

Advisory Opinion 81-89A Opinion Letter December 24, 1981
US

Salary continuation during medical absence Unknown

The Labor Department said Crum and Forster’s salary-continuation policy, funded from each participating employer’s general assets, was a payroll practice outside ERISA welfare-plan coverage even…

Opinion No. 81-87A Opinion Letter December 22, 1981
US

Single-provider payroll deduction IRA programs Unknown

The Labor Department said limiting a voluntary payroll deduction IRA program to one sponsor and one funding medium did not by itself amount to employer endorsement if specified safeguards were met.…

Opinion 81-80A Opinion Letter December 18, 1981
US

Access to original employee medical X-rays

A company asked whether workers entitled to medical records could examine original X-rays on site instead of receiving a free copy. OSHA said original films had to be preserved and made available…

1981-12-15 Opinion Letter December 15, 1981
US

California hospital district benefit programs Unknown

The Labor Department treated the Association of California Hospital Districts and its member districts as governmental entities on the stated facts. To the extent their programs provided employee…

Opinion 81-85A Opinion Letter December 14, 1981
US

Illinois Health Care Association benefit program Unknown

After investigating the Illinois Health Care Association’s health program, the Labor Department found it was controlled by a separate administrator, not by an employer association or the…

Opinion 81-84A Opinion Letter December 9, 1981
US

Bolted connections in fixed ladder cages Unknown

A ladder manufacturer asked whether vertical cage bars could be bolted to a horizontal hoop with the nut head inside the cage. OSHA said it would allow the connection if it developed enough strength…

1981-12-02-1 Opinion Letter December 2, 1981
US

Incipient fires and breathing apparatus

An employer asked how OSHA distinguishes incipient-stage from interior structural fires. OSHA said an incipient fire is small enough for initial firefighting without protective clothing or breathing…

1981-12-02 Opinion Letter December 2, 1981
US

Pension fund termination payments to former director Unknown

The Labor Department said proposed payments to a former pension fund director beyond his original contract were not compensation qualifying for the cited ERISA prohibited-transaction exceptions. It…

Opinion 81-83A Opinion Letter November 30, 1981
US

Fixed ladder rung dimensions while a rule is under review Unknown

A manufacturer asked about fixed ladder rung dimensions while OSHA was reviewing its standard. OSHA restated the then-current maximum 12-inch spacing and 16-inch minimum clear rung length, and said…

1981-11-27 Opinion Letter November 27, 1981
US

Food-stamp agency disclosure draft-language correction

ETA corrected draft state-law language for disclosing unemployment wage and claims information to food-stamp agencies. ETA still lists the letter as continuing.

UIPL No. 52-80, Change 1 Guidance November 23, 1981
US

NAIC employee retirement plan as governmental plan Unknown

The Labor Department concluded that the National Association of Insurance Commissioners’ employee retirement plan was a governmental plan outside ERISA Title I. It relied on state support and the…

Opinion 81-82A Opinion Letter November 23, 1981
US

Audit requirement for Hunt Oil thrift plan Unknown

The Labor Department said Hunt Oil’s thrift plan could not use the cited limited audit exemption because its insurance contract held unallocated funds rather than only fully guaranteed, allocated…

Opinion 81-81A Opinion Letter November 23, 1981
US

Interlocks and barriers around rotating barrels

A safety consultant asked how to guard revolving barrels and drums. OSHA said a shared enclosure could substitute for individual guards if access stopped all rotation, controls stayed outside, and…

1981-11-18-0 Opinion Letter November 18, 1981
US

Coverage of six union welfare funds under ERISA Unknown

The Labor Department concluded that six jointly maintained laborers’ welfare funds met the coverage requirements of ERISA Title I and the earlier Welfare and Pension Plans Disclosure Act on the…

Opinion No. 81-86A Opinion Letter November 13, 1981
US

Alaska electric cooperative deferred compensation plan Unknown

The Labor Department could not classify Matanuska Electric Association’s deferred compensation plan as governmental without facts showing that a government body established or maintained it. It said…

Opinion 81-79A Opinion Letter November 4, 1981
US

Church-related school coverage after St. Martin

ETA explained the effect of the St. Martin and Grace Brethren decisions on unemployment coverage of church-related schools. ETA still lists the letter as continuing.

UIPL No. 02-82 Guidance October 30, 1981
US

Asset buyer and pension plan party-in-interest status Unknown

The Labor Department said W.R. Grace would not become a party in interest to a seller’s profit-sharing plan solely by acquiring the seller’s assets on the stated facts. A later purchase or lease of…

Opinion No. 81-78A Opinion Letter October 29, 1981
US

1981 federal amendments affecting unemployment programs

ETA explained 1981 federal amendments affecting extended benefits, state unemployment financing, and federal unemployment taxes. ETA still lists the letter as continuing.

UIPL No. 01-82 Guidance October 26, 1981
US

Seat belt load requirements on agricultural tractors

An agricultural equipment maker asked about tractor seat belt and anchorage loads under the rollover protection rule. OSHA said the seat belt load was not intended to equal the anchorage load…

1981-10-22-0 Opinion Letter October 22, 1981
US

Picking and carrying loads with a truck crane Unknown

A construction association asked whether a truck crane could pick up and carry a load without deploying outriggers. OSHA said the construction rules allowed that when the manufacturer rated the…

1981-10-20 Opinion Letter October 20, 1981
US

Integral steel guards on abrasive cup wheels

An abrasive wheel maker asked whether its steel-backed cup wheel met guarding requirements. OSHA said an integral guard strong enough to contain wheel fragments could protect the operator, even…

1981-10-15-0 Opinion Letter October 15, 1981
US

Color-change air purifiers and carbon monoxide testing

An OSHA region asked whether a color-change air purifier could replace testing carbon monoxide in breathing air from an oil-lubricated compressor. OSHA said the purifier did not measure carbon…

1981-10-15 Opinion Letter October 15, 1981
US

Travel-card and rental-car accident insurance Unknown

The Labor Department said neither free travel accident coverage supplied with an employer’s American Express card nor employee-selected rental-car accident coverage reimbursed by the employer was an…

Opinion 81-77A Opinion Letter October 14, 1981
US

Texas homebuilders benefit trust status Unknown

The Labor Department found the Homebuilders Association Employees Benefit Trust was created and controlled by a separate administrator rather than by an employer association. The trust itself was…

Opinion 81-76A Opinion Letter October 14, 1981
US

Assessing state unemployment reserve adequacy Unknown

ETA gave states guidance for assessing the adequacy of unemployment trust-fund reserves. Current status is unconfirmed.

UIPL No. 44-81 Guidance October 13, 1981
US

Western Union furlough payments as pension benefits Unknown

The Labor Department classified Western Union’s involuntary-furlough payment arrangement as an ERISA pension plan rather than a severance-pay welfare program. The payments were tied to a…

Opinion 81-75A Opinion Letter October 6, 1981
US

Oil and gas bonus pool and ERISA coverage Unknown

The Labor Department said Anadarko’s annual override bonus pool was not an ERISA welfare plan and appeared to be a bonus program rather than a pension plan on its stated terms. It cautioned that…

Opinion 81-74A Opinion Letter September 29, 1981
US

Merchants Discount Service Association trust Unknown

The Labor Department said the Merchants Discount Service Association trust was not itself an ERISA welfare plan on the stated assumption that member employers neither voted in nor controlled the…

Opinion 81-73A Opinion Letter September 24, 1981
US

Fall protection for steel erection connectors Unknown

An OSHA regional office asked about fall protection for connectors and other ironworkers during steel erection. OSHA described when tie off, decking, or nets were expected, with qualifications for…

1981-09-24 Opinion Letter September 24, 1981
US

Early withdrawal penalties on plan bank deposits Unknown

The Labor Department said an ERISA exemption could cover penalties required by banking rules when a plan redeemed an employee bank’s time deposit early, even if a third-party trustee carried out the…

Opinion 81-72A Opinion Letter September 16, 1981

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