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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End of temporary WOTC target groups Withdrawn
ETA told state workforce agencies that the Recovery Act’s two temporary Work Opportunity Tax Credit target groups ended December 31, 2010. It gave procedural instructions for handling certification…
Flame-resistant clothing policy for oil and gas work Unknown
An oil and gas services association asked about OSHA's flame-resistant clothing policy for drilling, servicing and production work. OSHA said the 2010 policy then applied to operations with…
Flame-resistant clothing for oil and gas operations
An oil and gas trade association asked about OSHA’s flame-resistant clothing policy. OSHA said the clothing was required for certain flash-fire hazards, denied a general supply-shortage waiver, and…
Rapid hepatitis C testing after workplace exposure
An infection control specialist asked whether a laboratory violates OSHA's bloodborne pathogens rule by using an approved hepatitis C test instead of a rapid one after a worker's exposure. OSHA said…
Minimum disaster unemployment benefits for spring 2011 Withdrawn
ETA sent state workforce agencies a table of minimum weekly Disaster Unemployment Assistance amounts generally based on half of each state's average weekly unemployment benefit; Guam's minimum was…
Neck protection when workers use power saws
A member of the public suggested requiring hockey-style neck protectors after a fatal power-saw kickback. OSHA said it had no specific neck-protection policy for power saws. Applicable saw guarding…
Retiring expired TAA petition forms Withdrawn
ETA gave states until June 30, 2011 to replace expired English and Spanish TAA petition forms. From July 1, petitions on the old April 2009 forms would be invalid; states were to use January 2011…
Health tax credit after 2009 Recovery Act expansions expired Withdrawn
ETA told state workforce agencies how to identify and report trade adjustment recipients for the Health Coverage Tax Credit after temporary Recovery Act expansions ended. It said the credit reverted…
Respiratory therapists are not exempt professionals under the overtime law
An employer asked DLS whether a respiratory therapist working for a private company (not a hospital, nursing home, or similar facility) qualifies for the "professional employee" overtime exemption…
Instructor interaction during OSHA safety training
A training provider asked whether every OSHA-required course needs an instructor present or someone available to answer questions immediately online. OSHA said no blanket rule applies: each standard…
Toilets and mobile crews at HAZWOPER sites
A consultant asked whether a four-week hazardous cleanup crew could be treated as mobile and rely on off-site toilets. OSHA said workers staying at one site for days or weeks are not a mobile crew,…
2010 WIA dislocated worker fund reallotment Withdrawn
ETA adjusted program year 2010 WIA Dislocated Worker allotments after two states had unobligated program year 2009 funds exceeding 20 percent of their allotments. It recaptured $408,982 from the FY…
2010 federal changes to unemployment debt collection and new-hire reports Unknown
ETA explained 2010 federal amendments that expanded tax refund offsets for certain unemployment compensation debts and changed information employers must report for new hires. It included the…
Baseline hearing tests after an employer takeover
A physician asked whether a company buying a workplace can reset hearing-test baselines for workers returning to noisy jobs. OSHA said it generally must use valid baseline audiograms transferred by…
Chromium protective clothing and hygiene for welders
An employer asked whether welders above the hexavalent chromium air limit must follow protective clothing and hygiene rules. OSHA said the cited clothing and change-room provisions turn on likely…
Skewed framing and steel-joist column stability
A steel building company asked whether two framing members meeting a column at an angle other than 90 degrees count as framing in two directions. OSHA said a qualified person must determine whether…
Kitchen clothing and burn hazards
An EEOC official asked whether wearing a skirt in a restaurant kitchen is a safety hazard. OSHA said it has no specific skirt policy and could not decide from the limited facts. Exposed skin can…
Newer ANSI safety sign and marking standards Unknown
A safety professional asked whether OSHA would adopt newer ANSI standards for safety signs and physical hazard colors. OSHA said adoption requires rulemaking and could not be done through an…
Additional IT security guidance for state unemployment systems Withdrawn
ETA gave state workforce agencies additional guidance on federal information system security standards. It encouraged security assessments and identified FIPS and NIST publications to use for…
2011 TAA and ATAA petition forms Withdrawn
ETA directed states to make revised Trade Adjustment Assistance and Alternative TAA petition forms available from February 15, 2011 as program rules reverted to the 2002 amendments. Attached English…
FY 2011 reemployment and eligibility assessment grants Unknown
ETA invited states to apply for FY 2011 unemployment insurance reemployment and eligibility assessment grants, including expansions of existing programs. It set program and proposal requirements and…
Title XII unemployment advance interest rate for 2011 Withdrawn
ETA announced that Treasury would charge 4.0869 percent interest on repayable Title XII unemployment insurance advances during calendar year 2011. It reminded states how to fund interest payments…
TAA operation after February 2011 reversion Withdrawn
ETA told states how to operate Trade Adjustment Assistance after the 2009 amendments ended and the earlier 2002 provisions again governed petitions received from February 15, 2011. It distinguished…
Affiliated broker selection by plan investment manager Unknown
An investment manager asked whether it could select brokers affiliated with a minority shareholder of its parent company for plan transactions. EBSA said the described brokers were not related to…
Florida health programs as MEWAs outside ERISA plan status Unknown
Florida regulators asked whether two health benefit programs could avoid state insurance regulation through ERISA. EBSA said the arrangements were multiple employer welfare arrangements but did not…
Using welfare-plan demutualization proceeds Unknown
A transport company asked how its welfare plan could use proceeds from an insurer’s demutualization. EBSA said, absent contrary plan terms, plan-asset proceeds may benefit all current participants…
IRA purchase of its owner’s promissory note Unknown
An IRA owner asked whether the IRA could buy a bank-held note on which the owner and spouse owed payments. EBSA said the resulting continuing debtor-creditor relationship would be a prohibited…
No 2011 cost-of-living increase for military pensions Withdrawn
ETA told state workforce agencies that federal military retired pay would receive no cost-of-living increase in 2011. It asked states whose unemployment laws offset benefits by pension payments to…
Tribal domestic relations orders and ERISA plan division Unknown
An employer asked whether Navajo Nation court orders could divide ERISA plan benefits as qualified domestic relations orders. EBSA said a tribal order may qualify if a state with jurisdiction…
Rail welfare trust not fully insured under ERISA Unknown
A rail-employer welfare trust asked whether revisions to its insurance certificate made its multiple employer welfare arrangement fully insured. EBSA said no: the trust remained first in line for…
2011 poverty guidelines for SCSEP Withdrawn
ETA instructed Senior Community Service Employment Program grantees to use the attached 2011 federal poverty guidelines, multiplied by 125 percent to set the program's low-income threshold, to…
Construction rules for tunnel concrete-hauling vehicles
A French manufacturer asked which U.S. construction standards applied to its specialized vehicle for moving concrete tunnel sections. Based on the photos and description, OSHA said the vehicle…
Unchanged 2011 federal civilian salary rates Withdrawn
ETA told state workforce agencies that the covered federal civilian pay rates in 2011 remained at 2010 levels. States could use the federal salary tables with other documentation to estimate…
2011 federal remuneration schedule for ex-servicemembers Withdrawn
ETA sent state workforce agencies the 2011 federal remuneration schedule used to determine unemployment compensation eligibility for ex-servicemembers. The attached schedule reflects military pay…
2009 TAA extension and February 2011 petition receipt deadline Withdrawn
ETA updated TEGL 16-10 to reflect a six-week statutory extension of the 2009 TAA amendments. It treated petitions received by February 14, 2011 as eligible for consideration under the 2009 rules and…
TAA merit staffing deadline extension Withdrawn
ETA updated TEGL 01-10 after Congress retroactively extended the deadline for states to adopt merit-based staff for TAA administration. States were to treat February 12, 2011 as the new deadline…
Handling contaminated stun gun darts
A firefighter asked whether used stun gun darts count as contaminated sharps and whether they may be put back into their firing cartridges. OSHA said skin-penetrating darts may carry blood or other…
No 2011 increase for Social Security and federal civilian pensions Withdrawn
ETA told state workforce agencies that Social Security survivor and old-age annuities and federal civilian pensions would have no 2011 cost-of-living increase. States that offset unemployment…
Minimum disaster unemployment benefits for early 2011 Withdrawn
ETA sent state workforce agencies a table of minimum weekly Disaster Unemployment Assistance amounts generally based on half of each state’s average weekly unemployment benefit; Guam follows a…
Effective audit measure for state unemployment employer audits
ETA introduced a state unemployment insurance employer audit measure covering audit coverage, wage changes, total wages audited and worker misclassifications found per audit. It explained state…
2011 WIA and Wagner-Peyser state plans Withdrawn
ETA gave states options for keeping WIA and Wagner-Peyser plans and waivers in place for program year 2011. It explained when plan modifications and new waiver requests were required and attached…
Temporary 2010 extended benefits look-back and nonreduction rule Unknown
ETA explained a temporary option for states to compare current unemployment rates with the preceding three years when determining extended benefit periods. It also reminded states of the EUC08…
2010 extension of emergency and extended unemployment benefits Unknown
ETA told state workforce agencies how the 2010 law extended Emergency Unemployment Compensation and temporary extended benefits, including eligibility and phase-out dates. Two attachments provide…
Phasing out 2009 TAA amendments Withdrawn
ETA initially instructed states how to phase out the 2009 Trade Adjustment Assistance amendments and classify worker groups by petition date, with a transition attachment. Change 1 later extended…
Increasing workforce credential attainment Withdrawn
ETA urged state and local workforce programs to increase participants’ attainment of postsecondary credentials, degrees and certificates. It discussed strategies, partner roles, performance…
Bloodborne pathogen coverage for school first aiders Unknown
A correspondent asked whether office staff expected to help students are covered by the bloodborne pathogens standard. OSHA said staff who routinely provide first aid with the employer’s knowledge…
Bloodborne pathogen safeguards for stun gun dart removal
A safety product company asked what employers must do when workers remove stun gun darts from people. OSHA explained how its bloodborne pathogens standard governs contaminated sharps, safer removal…
Deepwater Horizon oil spill reimbursement records Withdrawn
ETA instructed Gulf states on documenting workforce activities related to the Deepwater Horizon oil spill and seeking reimbursement from BP through its government-claims process. It addressed…
ACORN funding restrictions under 2010 appropriations Withdrawn
ETA updated grantee instructions after Congress barred distributing funds from the 2010 appropriations act to ACORN or its subsidiaries. It directed recipients to stop future obligations, address…
2011 TAA initial state allocations Withdrawn
ETA explained the formula for initial fiscal year 2011 Trade Adjustment Assistance training allocations and how states could request reserve funds for training, job search and relocation allowances.…
Entrepreneurship training in workforce programs
ETA encouraged workforce programs to support entrepreneurial and self-employment training under WIA. It discussed allowable activities, partner coordination, costs and outcome tracking for adults,…
Federal subaward and executive pay reporting
ETA explained Federal Funding Accountability and Transparency Act reporting for recipients of qualifying grants and cooperative agreements awarded from October 1, 2010. Prime recipients had to…
OSHA standards for rigging oil and gas drilling equipment
A drilling industry association asked whether OSHA’s general industry standards apply while crews rig equipment up or down. OSHA answered yes, distinguishing those operations from site preparation…
Revisions to ETA 581 unemployment contribution operations report
ETA revised the ETA 581 report and related handbooks to remove unused delinquency items, add reporting on unemployment tax-rate manipulation, and count all unreported workers found in audits. Four…
Small vehicles and the motor-carrier overtime exemption
WHD said employees of motor carriers who work, even in part, on certain vehicles weighing 10,000 pounds or less may be entitled to FLSA overtime in that workweek despite the motor-carrier exemption.…
State communication tool for emergency unemployment claims Unknown
ETA told state workforce agencies about a web tool for exchanging information when a person receiving EUC08 might also qualify for regular unemployment compensation in another state. The attachment…
HAZWOPER cleanup training and hazardous materials technician courses
A state emergency response commission asked whether a 160-hour hazardous materials technician course automatically meets HAZWOPER training requirements for cleanup work. OSHA said it does not…
State unemployment data validation operations guide Unknown
ETA gave state workforce agencies an operations guide for the Benefits and Tax applications of its unemployment insurance Data Validation software. The attached guide contains the step-by-step…
Flame-resistant clothing during oil and gas drilling Unknown
A drilling industry association asked when OSHA’s 2010 policy called for flame-resistant clothing near active hydrocarbon zones. OSHA said employers must identify active hydrocarbon zones before…
Portland cement and hexavalent chromium enforcement guidance Unknown
OSHA regional officials asked how to assess eyewash stations, washing facilities, and long sleeves during construction work with portland cement. OSHA said these issues depend on the site and…
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.