State Labor Guidance
Free state 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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Overtime for farm workers: distinguishing exempt harvesting from non-exempt post-harvest work
Following the Supreme Judicial Court's ruling in Arias-Villano v. Chang & Sons Enterprises that post-harvest tasks like cleaning, sorting, and packaging are not exempt "agricultural and farm work," DL…
Senate Bill 207 Apprenticeship Utilization Act: implementation Q&A
Ahead of and following Senate Bill 207's January 1, 2020 effective date, the Labor Commissioner issued a wide-ranging Q&A Advisory Opinion on the Apprenticeship Utilization Act (AUA): which public wor…
"Jurisdiction" under the Apprenticeship Utilization Act means the SB 243 prevailing wage region
The Nevada Department of Transportation asked what "jurisdiction" means under Senate Bill 207's Apprenticeship Utilization Act (AUA) when deciding whether "good cause" exists for a waiver because no a…
Senate Bill 312 paid leave: implementation Q&A, plus an employer-exemption follow-up letter
Ahead of Senate Bill 312's January 1, 2020 effective date -- requiring Nevada employers with 50+ employees to provide paid leave accruing at 0.01923 hours per hour worked -- the Labor Commissioner iss…
Truck drivers hauling to/from an off-site private facility, including de minimis trips, are not owed prevailing wage
The Associated General Contractors - Nevada Chapter asked the Labor Commissioner to clarify when prevailing wage applies to truck drivers, including drivers making numerous round trips between a publi…
Overtime phase-in for sheepherders under AB 1066
An industry association asked the Labor Commissioner's Office how to calculate overtime for sheepherders, who are paid a special monthly minimum wage under Wage Order 14 rather than an hourly rate, no…
Virginia Minimum Wage Act
This Field Operations Manual chapter — DOLI's oldest and most-revised FOM chapter (last revised July 2019) — explains Virginia's Minimum Wage Act, which applies only to private employers with 4+ emplo…
Employment Preference Determination (effective July 1, 2019)
Acting under AS 36.10.150 and 8 AAC 30.064, Alaska's Commissioner of Labor and Workforce Development determined the entire state to be a "Zone of Underemployment," requiring public-works contractors a…
Minimum Wage Act - Washington-Based Employee
This L&I administrative policy explains how the department decides whether a worker is a "Washington-based employee" covered by the Minimum Wage Act's minimum wage, paid sick leave, and overtime prote…
Which claims the Dynamex ABC independent-contractor test applies to
A legal-aid attorney asked whether the "ABC" test for independent-contractor status, adopted by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court, applies any time a busi…
Tips, Gratuities, and Service Charges
This L&I administrative policy explains that tips and gratuities belong to employees and can never count toward minimum wage, that mandatory tip pools may not include exempt managerial/supervisory sta…
Seasonal camp counselors no longer need a minimum wage waiver
DLS explained that a July 2017 amendment to the minimum wage law removed "seasonal camp counselors and counselor trainees" from the legal definition of "occupation," meaning camps no longer need to ap…
Meal and Rest Periods for Nonagricultural Workers Age 18 and Over
This L&I administrative policy answers 15 questions on meal and rest period requirements for nonagricultural workers 18 and older under WAC 296-126-092: when a 30-minute meal period must be given, whe…
Child Labor
This Field Operations Manual chapter explains how Virginia DOLI applies the state's Child Labor Laws (Title 40.1, Chapter 5): who needs a youth Employment Certificate (work permit) and how to get one,…
Calculating paid sick leave pay for commissioned and exempt employees
An attorney asked how to calculate paid sick leave pay for an employee paid almost entirely by commission, and separately for an exempt employee who also receives an annual bonus. DLSE explains that a…
Courtesy shuttle time from an off-site parking lot to work is not compensable
An employer trade association asked DLS whether time employees spend riding a company-provided courtesy shuttle from an off-site parking lot to the workplace counts as compensable working time. DLS co…
Wanting a higher wage above minimum wage isn't a protected complaint under the minimum wage law
An attorney asked DLS whether an employee fired after complaining that his pay wasn't high enough — even though it exceeded the statutory minimum wage — could bring a retaliation claim under the Minim…
Apprentice wage calculation on public works, plus 2020 supplemental guidance on training-fee fringe benefits
The City of Reno asked the Labor Commissioner to confirm that apprentice wages set by collective bargaining agreements met Nevada's public-works prevailing wage requirements for apprentices. The Labor…
Quarterly bonus payout timing and forfeiture on termination
A winery asked whether its quarterly sales-and-membership bonus program could pay out once a quarter instead of every pay period, and whether an employee who leaves before the quarter ends could be de…
Front-loading paid sick leave hours for employees on longer shifts
An attorney asked whether an employer using the "no accrual, front-load" option for paid sick leave under the Healthy Workplaces, Healthy Families Act must front-load three days at an employee's actua…
Janitors and caretakers of residential property must get at least the basic minimum wage
DLS was asked whether summer camps may pay janitors and caretakers less than minimum wage. DLS answered no: although the law lets the DLS Director set special wage rates for certain job categories, th…
Domestic Worker Bill of Rights does not cover residential care facilities
A residential care facility caring for adults with disabilities asked whether California's 2014 Domestic Worker Bill of Rights applied to its business. DLSE explained the law expressly excludes "care …
Frequently Asked Questions About the Family Care Act
This L&I FAQ explains the Family Care Act (RCW 49.12.265-.295), which lets Washington employees who already have paid sick leave or other paid time off use it to care for a child with a health conditi…
Definition of Wage
This short L&I administrative policy defines "wage" under RCW 49.46.010(7) as compensation owed for employment, payable in legal tender or by check convertible to cash, or by an alternative method lik…
Retail or Service Establishment Commission Overtime Exception
This L&I administrative policy explains the overtime exception in RCW 49.46.130(3) for commissioned employees of retail or service establishments, adopting federal FLSA definitions because the state s…
On-duty meal periods for drivers of hazardous and flammable materials
A law firm asked the Labor Commissioner's Office for general guidance on when on-duty meal periods are lawful for drivers hauling hazardous and flammable materials, building on an earlier 2009 DLSE le…
Unpaid internships at a nonprofit workforce-development program are not covered "occupation"
A nonprofit youth workforce-development organization asked DLS whether its unpaid internship program — an educational track combining classroom instruction with hands-on placements at corporate partne…
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 und…
Overtime, sleep time, and wage deductions for live-in home health care workers
A home care company asked DLS how to calculate overtime for live-in caregivers working 24-hour shifts, whether their sleep and meal time is compensable, and whether it may deduct pay for transportatio…
Educational internship program (Year Up, Inc.) exempt from minimum wage
A law firm asked whether interns in Year Up, Inc.'s job-training program for underserved 18-24 year olds had to be paid as employees under California's minimum wage law. Applying the federal six-facto…
Time spent counting and distributing pooled tips after a shift is compensable
An employer asked DLS whether time its sales associates spend counting tips and distributing them to coworkers under a mandatory tip-pooling policy is compensable working time. DLS concluded that if e…
Right-to-Work Law
This Field Operations Manual chapter explains Virginia's Right-to-Work Law (Code of Virginia §§ 40.1-58 to -69), which bars closed-shop and union-shop agreements: no one can be required to join, or pa…
General wage-and-hour Q&A: full-time definition, holiday pay, and the three-hour reporting rule
A dental office asked DLS a series of general wage-and-hour questions: how many hours make a "full time" workweek, whether part-time or full-time staff are entitled to vacation or holiday pay, whether…
Unpaid pre-employment screening program for personal care attendants held not compensable
A home care company asked the Division of Occupational Safety whether it must pay applicants for attending a four-day, unpaid pre-employment screening program required before becoming a personal care …
Deducting partial-day absences of exempt employees from leave balances
An employer asked whether it could deduct hours from an exempt employee's accrued vacation or sick leave bank for a series of specific partial-day absence scenarios. DLSE confirmed that while an exemp…
State truck-driver overtime exemption is narrower than the federal motor-carrier exemption
An employer asked DOS (the Division of Occupational Safety) whether the Massachusetts overtime exemption for truck drivers, G.L. c. 151 §1A(8), applies as broadly as the federal motor-carrier exemptio…
Reducing exempt employees' work schedule and salary to avoid layoffs
A law firm asked whether an employer could cut exempt employees' workweek from five days to four with a corresponding pay reduction, as a temporary alternative to layoffs during the 2009 recession. DL…
Garnishment
This Field Operations Manual chapter explains Virginia's garnishment law (Code of Virginia §§ 34-29 and 34-33): how much of an employee's "disposable earnings" a creditor can reach in a pay period, th…
Meal periods for fuel carriers subject to federal safety regulations
A law firm asked whether drivers who transport hazardous fuel and must stay with or near their trucks under federal hazmat regulations can be given an "on-duty" paid meal period instead of an off-duty…
Alternative workweek schedule during summer months
A law firm asked whether an employer could adopt an alternative workweek schedule of four 9-hour days plus one 4-hour day only during summer months, reverting to a standard five 8-hour day schedule th…
Credit available against prevailing wages for apprenticeship training trust payments
A public works contractor asked whether it could credit its full $0.60/hour training trust contribution — more than the $0.45/hour specified in the prevailing wage determination — against its prevaili…
Voluntary time off offered to exempt employees does not trigger reporting pay
An employer asked DLS whether its Voluntary Time Off (VTO) policy — under which employees who report to work may choose, entirely on their own initiative, not to work that day — triggers the "three-ho…
Wage deduction authorization for overpayments due to payroll practice
A law firm asked whether an employee's electronic timesheet reporting unpaid time off, submitted after a biweekly advance payment, counts as authorization to deduct the resulting overpayment from the …
Compensability of time spent obtaining a federally mandated TWIC port-security card
A union attorney asked whether Shell refinery workers required to obtain a federal Transportation Worker Identification Credential (TWIC) to access secure port areas must be paid for the time spent en…
"Workweek" for overtime purposes means a fixed, recurring 168-hour period
An employer whose non-exempt overnight caregivers work shifts spanning the end of the workweek asked DLS how "workweek" is defined for overtime purposes, since the term isn't defined in the state's mi…
State overtime law adopts the federal "highly compensated employee" exemption
An insurance/financial services company asked DLS whether Senior Sales Representatives earning over $100,000 annually, who coach junior staff, help with hiring, and do sales/marketing work, qualify fo…
Money Network Checks as a means of payment of wages
A law firm asked whether "Money Network Checks" — un-denominated checks that employees authorize and cash at designated ACE Cash Express or Wal-Mart locations, drawn on funds held in trust at a bank —…
Payroll/debit cards as a means of payment of wages
Two payroll-card providers asked whether their payroll debit card programs, which let employees access direct-deposited wages through a bank-issued card, comply with Labor Code sections 212 and 213 go…
Time-and-attendance recordkeeping requirements apply to exempt employees too
An employer asked DLS whether Massachusetts wage-and-hour law permits using a time-and-attendance tracking system for employees who are exempt from overtime. DLS explained the state's recordkeeping st…
Required pre-employment and periodic physical exams are compensable working time
A long-term care facility asked DLS whether employees, including food service staff, must be paid for time attending physical examinations the facility requires under state health-licensing rules. Fol…
Banquet service charges cannot substitute for minimum wage, only for the service rate
A hotel asked DLS whether a compulsory banquet service charge, paid in full to servers and bartenders in lieu of tips, can satisfy the entire minimum wage owed to those employees. DLS concluded that u…
Use of Polygraphs in Certain Employment Situations
This Field Operations Manual chapter covers Virginia's law banning most polygraph ("lie detector") tests of law-enforcement employees, with a narrow exception: an agency's chief executive can require …
Administrative exemption applicable to IT managers/supervisors — no determination, general guidance
A law firm asked whether three IT department supervisors (help desk, systems administration, and reporting) at a national equipment-rental company qualify for the administrative exemption from overtim…
A seasonal amusement park may separately claim the seasonal-business overtime waiver for a winter attraction
A seasonal amusement park, already exempt from state overtime under the 150-day amusement-park exemption, asked DLS whether it could add a winter holiday light display without jeopardizing that exempt…
Whether pre-employment state-mandated security officer training time is compensable
A trade association for licensed security guard companies asked whether members must pay applicants for the state-mandated classroom training (up to 40 hours) required to become a registered security …
The three-hour reporting-pay rule doesn't apply to shifts scheduled under three hours
An employer asked DLS how the "three-hour rule" reporting-pay requirement applies to employees scheduled to work less than three hours. DLS explained the rule only guarantees at least three hours' pay…
Tiered travel-time stipend for trips outside the normal commuting area does not violate minimum wage law
An employer whose technicians travel from home to customer worksites in company vans asked DLS whether a proposed tiered travel-time stipend (paying more travel time the farther outside a 30-mile "nor…
Electronic delivery of itemized wage statements
An employer asked whether it could deliver legally required itemized wage statements electronically instead of on paper. DLSE concluded electronic wage statements satisfy Labor Code section 226(a)'s "…
How to calculate overtime for prevailing-wage work that includes health-plan contributions
A company performing municipal solid-waste collection under the Massachusetts prevailing wage law asked DLS how to calculate overtime for its truck-rate workers. DLS explained that under the prevailin…
State hotel overtime exemption covers banquet servers working anywhere "in" hotel property
A law firm representing two hotel chains asked DLS whether banquet servers who work in hotels or on hotel property are exempt from state overtime under the "hotel, motel, motor court or like establish…
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.