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.
No documents match your search
Try different keywords or clear a filter.
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…
2010 foreign labor certification grant plans Withdrawn
ETA gave state workforce agencies fiscal year 2010 Foreign Labor Certification grant allocation and management instructions, including state roles, funding, performance and reporting. Three…
Strength of small manhole covers in construction
A construction questioner asked whether a small manhole cover must support twice the axle load of a passing vehicle. OSHA said the full axle-load rule did not apply to the described cover because…
Repairing damaged construction extension cords
A construction questioner asked whether an electrician could replace a damaged extension cord plug and return the cord to use. OSHA said repairs are permitted if they restore the cord to the…
Falling-object and fall protection on suspension scaffolds
A construction questioner asked seven questions about single-point suspension scaffold members, canopies, falling-object protection, lifelines, and backup supports. OSHA said a canopy can be used if…
2010 WIA and Wagner-Peyser allotments Withdrawn
ETA announced program year 2010 allotments for WIA adult, dislocated worker and youth activities, Wagner-Peyser employment services, and state workforce information grants. Eight attachments provide…
2010 funding for unemployment IT security and contingency plans Withdrawn
ETA offered states fiscal year 2010 supplemental funds to develop or update unemployment IT contingency plans and improve system security. The letter gives request instructions; its attachments…
Toeboards at construction scaffold access points
A construction questioner asked whether a toeboard is required across a scaffold access opening. OSHA said the rule requires a toeboard or a barricaded area below when tools or materials could fall,…
Double-wrapped steel wire for scaffold bracing
A construction questioner asked whether double-wrapped No. 9 steel wire could be used to guy or brace a scaffold. OSHA said it can under the strength and installation conditions described in the…
Mortgage loan officers and the administrative exemption
WHD examined mortgage loan officers whose main duties were finding customers, collecting information, and selling mortgage products. It concluded those typical duties were sales work rather than…
2010 farmworker housing assistance plans Withdrawn
ETA instructed National Farmworker Jobs Program housing assistance grantees on submitting program year 2010 grant plans under WIA section 167. The planning requirements appear in the letter; its…
Fall protection on aerial lifts working over water Unknown
A construction company asked whether workers in an aerial lift over water may unhook a fall arrest lanyard while wearing a life vest. OSHA said the aerial-lift fall protection rule did not address…
HEART Act treatment of overseas work under federal unemployment tax
ETA explained that the 2008 HEART Act expanded Social Security and Medicare tax coverage for some U.S. citizens working abroad for controlled foreign subsidiaries under U.S. government contracts.…
Flame-resistant clothing enforcement in oil and gas work Unknown
OSHA issued a memorandum to its regional officials on when to cite employers for failing to provide flame-resistant clothing in oil and gas operations. It identified drilling near active hydrocarbon…
Required on-premises tip counting after a shift is compensable
DLS was asked whether time sales associates spend counting tips and distributing them to coworkers under an employer's tip-pooling policy is compensable working time. DLS concluded that if employees…
Quarterly WIA record data submissions Withdrawn
ETA instructed states to submit Workforce Investment Act Standardized Record Data quarterly rather than annually, include participant files, and use updated edit checks beginning with the third…
Disinfecting examination tables and worker chemical exposure Unknown
A clinic worker asked whether soap and water could replace a disinfecting wipe used on examination tables after an allergic reaction. OSHA said blood or other potentially infectious material…
Revised unemployment benefits data validation handbook
ETA replaced the benefits portion of the Unemployment Insurance Data Validation Handbook and told states to adjust their procedures. The attached handbook contains detailed validation instructions…
March 2010 extension of temporary unemployment benefits Unknown
ETA told state agencies how a March 2010 law extended the EUC08 program, the Federal Additional Compensation supplement and temporary federal funding for Extended Benefits. The letter gives the…
Recovery Act WOTC certification processing Withdrawn
ETA and IRS revised processing guidance so state workforce agencies could accept and process Recovery Act WOTC certification requests submitted in and after 2009 under stated conditions. The…
2010 WOTC state allotments Withdrawn
ETA gave state workforce agencies fiscal year 2010 funding allotments for administration of the Work Opportunity Tax Credit program, covering October 2009 through September 2010. Two attachments…
Asbestos containment plastic and equivalent materials
A sheeting manufacturer asked whether one layer of its 12 mil material could substitute for two layers of 6 mil plastic in asbestos work. OSHA said the cited provisions allow equivalent protection…
Clearing drilled holes near loaded blasting holes
A blasting contractor asked if a drill could clear mud or water from a previously drilled hole near loaded holes. OSHA said the general 50-foot restriction does not bar drilling that is necessary to…
Traditional annuity annual-reporting treatment Unknown
An annuity provider asked whether its traditional annuity was a fully allocated contract for ERISA annual reporting. EBSA said it could not reach that conclusion because the contract guaranteed a…
Front guardrails on two-point suspension scaffolds
A painter asked whether front guardrails could be removed from a two-point suspension scaffold to reach a water tank. OSHA said the front guardrail exception can apply while workers are within 14…
Completion and publication of 2009 unemployment accuracy data Withdrawn
ETA instructed states on completing and publishing calendar year 2009 Benefit Accuracy Measurement data for paid and denied unemployment claims. Its attachments contain sample report formats. ETA…
Food storage near toxic materials in auto shops
An automotive shop asked when food stored at work is considered exposed to toxic materials. OSHA said employers must assess the materials, amounts, containers, work practices, and ventilation to…
Fall protection during curtain wall installation
A construction employer asked whether curtain wall installers could work without fall protection inside a controlled access zone. OSHA said curtain wall installation is steel erection work, but the…
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…
2010 locality pay rates for federal employees in unemployment claims Withdrawn
ETA told state unemployment agencies where to find 2010 federal General Schedule locality pay rates. The letter says states may use those rates when estimating a former federal employee’s monetary…
Fiscal year 2010 state unemployment administration funding Withdrawn
ETA gave states fiscal year 2010 guidance for unemployment administration base allocations, resource planning, above-base funding and supplemental budget requests. ETA now lists this letter as Canceled.
Allocating unemployment penalty collection costs
ETA told state unemployment agencies how to allocate the costs of assessing and collecting penalties and interest when the money can be spent outside unemployment compensation. It requires an…
YouthBuild orientation allowable costs
ETA explained which YouthBuild mental-toughness and orientation expenses may be charged before a youth is officially enrolled. Recruitment and eligibility screening costs may qualify, while…
YouthBuild school-dropout eligibility revision Withdrawn
ETA revised TEGL 11-09 to clarify that a youth who dropped out of high school and then re-enrolled in an alternative school may qualify for YouthBuild if the re-enrollment is part of a sequential…
HAZWOPER response by civil support teams Unknown
A researcher asked how HAZWOPER applies when National Guard civil support teams respond to hazardous-material or terrorist incidents. OSHA said state-activated teams generally fall outside federal…
Security guidance for state unemployment IT systems Withdrawn
ETA gave state unemployment agencies additional IT security guidance based on NIST publications. It encouraged states to classify their systems, select security controls and assess whether those…
Tax Performance System handbook updates Unknown
ETA sent states replacement pages for the Tax Performance System handbook. Changes include reviews of tax-rate manipulation detection, employer reporting, cashiering and field audits. UIPL 29-10…
Contracts serving youth with greatest needs
ETA advised state and local workforce boards and youth providers on contract design that supports youth with greater education and employment barriers while maintaining accountability. It discusses…
Qualifications for HAZWOPER trainers
An engineering firm asked whether employees who had completed HAZWOPER classes and gained field experience could teach the 40-hour and refresher courses. OSHA said it does not certify individual…
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,…
Respirator certification and state tort claims
A legal association asked the Department of Labor to reconsider a 2008 letter claiming federal respirator certification barred state tort suits. The Department said certification alone does not…
Two-person crews near energized power equipment Unknown
A utility questioner asked when one employee may work near a transformer with a higher-voltage primary bushing. OSHA said the two-person rule turns on whether the worker can reach or carry a…
Gloves for masonry work with wet cement
A masonry association questioned citations for bricklayers working without gloves. OSHA said no rule requires gloves for every masonry task, but its general protective equipment rule applies when…
Blast-resistant structures under process safety rules Unknown
A senator asked whether process safety mechanical-integrity requirements cover refinery structures exposed to explosion hazards. OSHA said those requirements apply to many structures housing covered…
Subsidized work-based training for unemployed workers
ETA and the Wage and Hour Division guided states considering subsidized workplace training for unemployed workers. The letter explains WIA funding options, limits on using unemployment funds, and…
N95 respirator fit testing for H1N1 protection Unknown
An insurance consultant asked about disposable N95 respirators used for H1N1 protection. OSHA said required tight-fitting respirators need fit testing and a written respiratory protection program,…
No Social Security or federal civilian pension COLA for 2010 Withdrawn
ETA told state unemployment agencies that Social Security survivor and retirement annuities and federal civilian pensions had no 2010 cost-of-living increase. It pointed states to the federal…
No military pension cost-of-living increase for 2010 Withdrawn
ETA told state unemployment agencies that the 2010 federal military retired pay cost-of-living adjustment was zero and pointed them to Defense Department information. ETA now lists the letter as Canceled.
Potential OSHA rules for mercury spill response Unknown
A consultant asked several broad questions about mercury spill response and cleanup. OSHA said the scenarios needed more detail for a specific interpretation, then identified potentially relevant…
Software for state unemployment data validation instructions Withdrawn
ETA introduced a web application for state-specific Module 3 instructions in its unemployment data validation handbook. The letter explains how states were to update the instructions and certify…
Protective sleeves and gloves in clinical work
A healthcare worker asked whether wrist-length gloves adequately protect staff treating patients with communicable diseases. OSHA said employers must assess the tasks and anticipated exposures and…
Acceptable military separation reasons for ex-service unemployment claims Withdrawn
ETA gave states an updated list of acceptable reasons for separation from military service to use when deciding Unemployment Compensation for Ex-Servicemembers claims. It applies to certain people…
Corrected disaster unemployment minimums for January through March 2010 Withdrawn
ETA corrected the minimum weekly Disaster Unemployment Assistance figures for major disasters declared January 1 through March 31, 2010. Its attachment supplies a revised state table based on the…
2010 military wage schedule for ex-service unemployment claims Withdrawn
ETA directed states to use an attached 2010 military remuneration schedule when determining federal military wages for new Unemployment Compensation for Ex-Servicemembers claims. ETA now lists the…
Questions and answers on unemployment data validation Withdrawn
ETA answered state workforce agencies’ questions about the unemployment insurance Data Validation program. The attached questions and answers cover benefits and tax validation procedures. ETA now…
Federal Additional Compensation overpayments and tax withholding Unknown
After an audit, ETA reminded states to establish, recover and report overpayments of the $25 Federal Additional Compensation supplement and to withhold income tax from it when a claimant elected…
Fiscal year 2010 reemployment and eligibility assessment grants Unknown
ETA invited states to apply for fiscal year 2010 grants to start or expand unemployment Reemployment and Eligibility Assessment programs. The letter explains proposal requirements and use of funds,…
Radon exposure during excavation and trench work Unknown
A correspondent asked whether radon is a hazard for workers in trenches and excavations. OSHA said open-air work is unlikely to produce hazardous concentrations except in rare circumstances, while…
December 2009 extension of temporary unemployment benefits Unknown
ETA explained how a December 2009 law extended EUC08, Federal Additional Compensation and temporary federal funding for Extended Benefits. It also corrected a statement in UIPL 12-09, Change 1. ETA…
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…
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.
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.