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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Revised 2012 advance WIA funding levels Withdrawn
ETA revised fiscal year 2012 advance funding for WIA Adult and Dislocated Worker programs. It replaced the earlier 1.503 percent temporary reduction with a 0.189 percent rescission and sent updated…
WOTC procedures during lapse for nonveteran groups Withdrawn
ETA gave state workforce agencies procedures for Work Opportunity Tax Credit certification requests for nonveteran target groups after their authorization expired on December 31, 2011. It…
Revised petitions for Trade Adjustment Assistance Withdrawn
ETA announced revised English and Spanish petition forms for Trade Adjustment Assistance after the 2011 amendments. States had to make the new forms available and remove the older forms beginning…
Selective Service registration for WIA Title I services Superseded
ETA said Selective Service registration requirements applied to WIA Title I programs and services, including formula and discretionary grants, but not to services funded solely by Wagner-Peyser. It…
2012 Trade Adjustment Assistance funding allocations Withdrawn
ETA explained the formula for fiscal year 2012 initial Trade Adjustment Assistance allocations to states and how states could request program reserve funds for training, case management, job search…
Flame-resistant clothing for oil and gas welders
A member of Congress asked about flame-resistant clothing for welders in oil and gas drilling. OSHA said welding PPE depends on the hazards and expects employers to provide flame-resistant clothing…
Consolidation of ETA 9000 fraud and ETA 227 overpayment reports
ETA told state workforce agencies that it had discontinued the annual ETA 9000 internal fraud report and moved selected data into the quarterly ETA 227 overpayment report. It explained the new…
2012 cost-of-living adjustment for federal military pensions Withdrawn
ETA alerted state workforce agencies to the 2012 cost-of-living adjustment for federal military retired pay. The attached Defense Department schedule gives the adjustment information used in…
Revised 2012 federal remuneration schedule for ex-servicemembers Withdrawn
ETA sent states a revised federal remuneration schedule for ex-servicemember claims when the federal claims control center has no DD-214 on file and an affidavit is needed. The attached schedule…
Mercury and hazard communication rules in dental offices Unknown
A dentist asked why dental offices were not required to follow OSHA's mercury and hazard communication rules. OSHA answered that an office with employees must comply with applicable safety…
2012 federal civilian salary rates in locality pay areas Withdrawn
ETA told state workforce agencies that certain federal civilian salary rates stayed at 2010 and 2011 levels for 2012. It said states could use the federal salary tables with other documentation to…
2012 Social Security and federal civilian pension adjustments Withdrawn
ETA alerted state workforce agencies to 2012 cost-of-living increases for Social Security survivor and retirement annuities and federal civilian pensions. It directed states to the Office of…
Use of 2009 unemployment special distribution funds
ETA urged states to spend their shares of a $500 million Recovery Act distribution for unemployment insurance modernization, benefits administration, outreach and reemployment services as quickly as…
Temporary extension of emergency and extended unemployment benefits Unknown
ETA told states how the December 2011 law temporarily extended Emergency Unemployment Compensation and extended benefit provisions. The attachments give program dates and statutory text. ETA still…
Minimum disaster unemployment benefit amounts for early 2012 Withdrawn
ETA sent state workforce agencies a table of minimum weekly Disaster Unemployment Assistance amounts based on half of each state’s average weekly unemployment benefit. It applied to major disasters…
Fit testing full-face CBRN respirators
A safety consultant asked what fit tests OSHA requires for respirators used against chemical, biological, radiological and nuclear hazards. OSHA said its respiratory protection rule does not give…
WOTC youth self-attestation form clarification Withdrawn
ETA clarified which boxes on the disconnected youth self-attestation form support eligibility for the Work Opportunity Tax Credit. It instructed state workforce agencies to revisit denials based on…
2011 unemployment compensation integrity amendments
ETA explained three unemployment compensation integrity changes enacted in 2011: a minimum monetary penalty for fraud overpayments, a restriction on relieving employers of charges when their actions…
Diesel exhaust fluid hazards for truck drivers Unknown
A truck drivers' union asked how OSHA would address chemical and lifting hazards when drivers refill diesel exhaust fluid tanks. OSHA said hazard communication rules apply to the urea-based fluid,…
Removing contaminated needles from caps before disposal
An OSHA regional office asked whether medical or dental staff could remove contaminated needles from their caps before discarding them. OSHA said the cited rule generally prohibits removing…
Cooperation fund contribution to a pension plan Unknown
A labor-management cooperation fund asked whether it could contribute cash to a related pension plan without violating ERISA prohibited transaction rules. EBSA said the mere contribution would not…
Revised state unemployment data validation operations guide Unknown
ETA sent states replacement pages for the unemployment insurance Data Validation Operations Guide, changing wage-item validation instructions in Chapters 11 and 12. The official letter’s PDF…
Exposure control plans for employers with multiple facilities
An employer asked whether one bloodborne pathogens exposure control plan could cover several facilities. OSHA said each facility or workplace needs its own written plan, which must address every…
Consent to release source-patient blood test results
An attorney asked whether a patient whose blood is tested after a worker's exposure must give separate consent to release the results. OSHA said the consent to test implies consent to release the…
Grounding electrically operated overhead cranes
A crane company asked whether overhead cranes may ground through their wheels, whether older installations are exempt, and how grounding conductors must be marked. OSHA said a wheel path is possible…
Selective Service registration for WIA services Rescinded
ETA explained Selective Service registration checks for men seeking WIA-funded services, including evidence of registration and handling applicants who did not register. It also addressed…
Voluntary N95 use and respirator maintenance
An attorney asked how OSHA classifies N95 filtering facepieces and what employers must do when workers wear them voluntarily. OSHA said a filtering facepiece is a negative-pressure respirator;…
Formaldehyde exposures from a salon smoothing product Unknown
A product company's attorney challenged OSHA's finding that salon workers using a hair smoothing solution exceeded the formaldehyde short-term exposure limit. OSHA stood by its sampling and cited…
Operating instructions for the 2011 TAA amendments Withdrawn
ETA instructed state agencies on implementing the 2011 Trade Adjustment Assistance amendments, which restored and modified several certification criteria and worker benefits. The letter covers…
Styrene labeling under the former hazard communication rule Unknown
A chemical industry group asked whether styrene's listing as a potential carcinogen required label changes and whether OSHA would cite companies before a proposed rule took effect. OSHA said its…
Asbestos gasket removal and negative exposure assessments
An industrial contractor asked whether asbestos gaskets that split during removal require a glove bag and whether a sharp tool makes removal intact. OSHA said a glove bag is unnecessary for the…
WIC2 application for interstate unemployment claims
ETA told state workforce agencies that WIC2 would replace the Withdrawal/Invalid Claim application on the UI-ICON network in November 2011. It described new claim-data features and implementation…
2012 advance WIA funding and governor reserve Superseded
ETA initially reduced fiscal year 2012 advance WIA Adult and Dislocated Worker allotments by 1.503 percent and clarified that the program year 2011 governor reserve was five percent. It attached…
Required fit factor for full-face CBRN respirators
A respirator testing equipment maker asked whether a manufacturer's higher fit-factor recommendation for chemical, biological, radiological and nuclear use changed OSHA's mandatory minimum. OSHA…
Capacity of a flammable-liquid storage cabinet Unknown
A safety specialist asked how to read the 'or' and 'nor' wording in the storage cabinet capacity rule. OSHA said the rule does not prohibit mixing the stated classes of liquids in one cabinet and…
IRA futures-loss indemnities outside PTE 80-26 Unknown
A requester asked whether a prohibited transaction exemption covered an indemnity agreement needed for an IRA to trade futures. EBSA said the arrangement did not meet the exemption’s…
Equitable tolling for TAA benefit deadlines Withdrawn
ETA told state agencies that equitable tolling may be available for several Trade Adjustment Assistance deadlines, including training enrollment and applications for additional income support, job…
Hazard communication preemption and state failure-to-warn suits Unknown
An attorney asked whether OSHA's hazard communication preemption clause displaced state failure-to-warn lawsuits. The Labor Department's solicitor said it generally did not: the provision targeted…
Certification of flame-resistant clothing for oil and gas work
A protective clothing maker asked whether employers must provide certified flame-resistant clothing for oil and gas operations. OSHA said its enforcement policy points to NFPA 2112 and 2113 as…
Unemployment insurance integrity performance measure Withdrawn
ETA defined a state unemployment insurance integrity measure focused on benefit-year earnings overpayments, including fraud and nonfraud cases. It explained reduction targets and how state…
WIA annual report narrative due October 2011 Rescinded
ETA told states what to include in the narrative portion of the WIA annual report due October 3, 2011. It discussed performance results, business engagement and submission steps, with an attachment…
Identification of high-priority states for improper UI payments
ETA described how it would identify states with high improper unemployment insurance payment rates and give them added technical assistance and monitoring. It expected selected states to analyze…
Minimum disaster unemployment benefits for late 2011 Withdrawn
ETA provided state workforce agencies a table of minimum weekly Disaster Unemployment Assistance amounts based on half of each state’s average weekly unemployment benefit. The amounts applied to…
Conversion of unemployment tax accounts to NAICS 2012 codes Withdrawn
ETA asked state workforce agencies to convert industry codes on existing employer unemployment insurance accounts to NAICS 2012 and use the new codes for new accounts. It described coordination with…
State unemployment access for people with limited English proficiency Unknown
ETA reminded state workforce agencies to take reasonable steps to make unemployment insurance services accessible to people with limited English proficiency. It described a four-factor assessment…
Payment of interest on Title XII unemployment advances
ETA instructed states on calculating and paying interest on Title XII unemployment advances, generally by September 30, and explained available deferrals and the consequences of late payment. It…
Change rooms and hygiene for hexavalent chromium work
An OSHA regional office asked when the hexavalent chromium rule requires change rooms. OSHA said they are required where workers must take off street clothes to use protective clothing, including…
State unemployment insurance integrity task forces and plans Unknown
ETA announced a 2011 effort for states to convene unemployment insurance integrity task forces and prepare plans to reduce improper payments. It described federal support and expected planning…
OSHA and NIOSH formaldehyde exposure limits
A worker asked why building air tests below OSHA's formaldehyde limit exceeded NIOSH recommendations, and whether to return to that workplace. OSHA explained that its permissible exposure limit is…
Submitting TAA certification amendment requests Withdrawn
ETA told state agencies how to request amendments to Trade Adjustment Assistance worker-group certifications. It encouraged email submissions to a dedicated OTAA address starting October 1, 2011 and…
2012 areas of substantial unemployment designations Withdrawn
ETA requested state designations of areas of substantial unemployment for the WIA funding year beginning July 1, 2012. It specified a 6.5 percent unemployment threshold, geographic and population…
Revising WIA negotiated performance levels Withdrawn
ETA revised its procedure for states seeking changes to WIA negotiated performance levels. A governor could request a revision when an unanticipated event significantly changed performance factors,…
Religious accommodation and required respirators
A Sikh advocacy group asked whether employees whose faith prohibits removing facial hair could be exempted from required respirators and whether workers could pay extra for a suitable powered…
Revisions to unemployment benefit data validation handbook
ETA revised the benefits portion of its unemployment insurance Data Validation Handbook. It changed how states build the Population 5 file for nonmonetary determinations and made technical…
2010 performance reporting and data validation timelines Withdrawn
ETA reissued program year 2010 performance reporting and data validation schedules for WIA, TAA and related workforce programs. The change revised WIA source documentation in Attachment A and added…
2011 workforce information grant applications Withdrawn
ETA continued the formula grant application process for state labor market and workforce information services for program year 2011. It set work plan, deliverable, reporting and grant submission…
2011 grants for unemployment integrity and system improvements Unknown
ETA notified state workforce agencies of FY 2011 supplemental funding for unemployment insurance integrity work, performance improvement and technology upgrades. It explained eligible projects and…
2011 Work Opportunity Tax Credit allotments Withdrawn
ETA issued final fiscal year 2011 state allotments for administering the Work Opportunity Tax Credit. It described the funding formula and required quarterly financial and performance reports, with…
2011 TAA training funds second distribution Withdrawn
ETA explained its second fiscal year 2011 distribution of Trade Adjustment Assistance training funds and remaining job search and relocation allowances. It set out the formula and state allocations…
FY 2012 state unemployment administration planning targets Withdrawn
ETA gave state workforce agencies preliminary FY 2012 dollar and staff-year targets for planning unemployment insurance operations. It explained how base resources were allocated and supplied…
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.
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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.