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

Revised state unemployment quality service plan handbook Withdrawn

ETA sent states a revised State Quality Service Plan handbook for unemployment administration. It expanded instructions on IT contingency planning, risk assessment and security controls and replaced…

UIPL No. 03-10 Guidance December 4, 2009
US

YouthBuild school-dropout eligibility Withdrawn

ETA explained the YouthBuild school-dropout definition and when a former high-school dropout who re-enrolled in an alternative school could be served under a sequential service strategy. Change 1…

TEGL No. 11-09 Guidance December 4, 2009
US

Target-date mutual funds and ERISA plan assets Unknown

A requester asked whether a target-date mutual fund’s holdings in affiliated mutual funds made its underlying assets ERISA plan assets or the fund’s adviser a plan fiduciary. EBSA said that…

Advisory Opinion 2009-04A Opinion Letter December 4, 2009
US

Drinking beverages where hazardous chemicals are used

A worker asked whether coffee or water may be consumed where acetone and paint thinner are used. OSHA cited its sanitation rule barring food and beverages in areas exposed to toxic material and…

2009-12-03 Opinion Letter December 3, 2009
US

Drilling through asbestos floor tile and mastic

An engineering firm asked whether small holes could be drilled through asbestos-containing floor tile and mastic. OSHA said the described work is generally Class III if the debris fits in one…

2009-12-01 Opinion Letter December 1, 2009
US

Additional family-reason option for 2009 unemployment modernization grants Unknown

ETA explained a 2009 amendment to the criteria for state unemployment modernization incentive payments. States could qualify under a new option covering workers who left employment to escape sexual…

UIPL No. 14-09, Change 3 Guidance November 30, 2009
US

Questions and answers on 2009 EUC08 expansion Unknown

ETA answered state agencies’ questions about the 2009 expansion of EUC08, including its benefit tiers and coordination of payments. The attachment contains the questions and answers. ETA still lists…

UIPL No. 23-08, Change 6 Guidance November 23, 2009
CA

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…

2009.11.23 Opinion Letter November 23, 2009
US

Corrections to 2009 TAA operating instructions

ETA corrected the variables and presentation of the Reemployment Trade Adjustment Assistance payment formula in TEGL 22-08. It also answered state agency questions on Trade Readjustment Allowances…

TEGL No. 22-08, Change 1 Guidance November 20, 2009
US

Revised handbook for unemployment benefit accuracy measurement Unknown

ETA sent states a revised Benefit Accuracy Measurement handbook for sampling paid and denied unemployment claims and identifying payment errors. It replaced the prior fourth edition, and the fifth…

UIPL No. 2-10 Guidance November 17, 2009
US

2009 expansion of emergency unemployment benefit tiers Unknown

ETA explained how a 2009 law expanded the second tier of EUC08 benefits and added third and fourth tiers in states meeting specified unemployment thresholds. It provided operating and reporting…

UIPL No. 23-08, Change 5 Guidance November 13, 2009
US

Equivalent nebulizers for qualitative respirator fit tests Unknown

A manufacturer asked whether its nebulizer could replace the squeeze bulb named in OSHA’s saccharin and Bitrex fit-test protocols. OSHA said the substitution described was an equivalent device, not…

2009-11-13 Opinion Letter November 13, 2009
US

Veterans priority in DOL training programs

ETA and the Veterans’ Employment and Training Service instructed DOL-funded job-training programs on priority of service for veterans and eligible spouses, including eligibility, access, notice and…

TEGL No. 10-09 Guidance November 10, 2009
US

Confidential post-exposure evaluations at healthcare facilities

A small healthcare facility asked whether its own physician could perform post-exposure evaluations after a bloodborne pathogen incident. OSHA said an outside physician is not always required, but…

2009-11-10 Opinion Letter November 10, 2009
US

IRA owner pledging personal assets for IRA debts Unknown

An IRA owner asked whether personal brokerage assets could secure the IRA’s debt to the same broker. EBSA said the pledge would be a prohibited extension of credit from the owner to the IRA, akin to…

Advisory Opinion 2009-03A Opinion Letter October 27, 2009
US

Paint and adhesive stickers on protective helmets Unknown

A theater production manager asked whether paint or stickers may be applied to protective helmets. OSHA said its rules do not expressly ban them, but an alteration must not weaken the helmet or…

2009-10-27 Opinion Letter October 27, 2009
US

Approval of data collection for 2009 unemployment modernization grants Withdrawn

ETA told states that the Office of Management and Budget approved information collection for unemployment modernization incentive payment applications. The letter says states planning to apply…

UIPL No. 14-09, Change 2 Guidance October 22, 2009
US

2010 TAA initial allocations and reserve funds Withdrawn

ETA explained the fiscal year 2010 formula for initial state Trade Adjustment Assistance training allocations and the process for requesting reserve funds for training, job-search and relocation…

TEGL No. 9-09 Guidance October 21, 2009
US

ACORN continuing resolution funding restriction Withdrawn

ETA instructed grant recipients and subrecipients on the continuing resolution restriction against providing covered federal funds to ACORN or affiliates, including treatment of existing and new…

TEGL No. 8-09 Guidance October 19, 2009
US

Clevis pins, cotter pins and latches on chain slings

A questioner asked whether clevis or cotter pins can connect chain slings to hooks and whether sling hooks need latches. OSHA said unrated pins would be makeshift attachments and could not be used…

2009-10-19 Opinion Letter October 19, 2009
US

Protective systems for test pits workers do not enter

A construction questioner asked whether an unentered test pit needs shoring or another cave-in protective system. OSHA said the rule applies when workers enter an excavation, and an unprotected pit…

2009-10-13-0 Opinion Letter October 13, 2009
US

Updated ANSI gate strength for carabiners and snaphooks Unknown

A construction questioner asked whether OSHA would enforce a newer ANSI gate-strength requirement for snaphooks and carabiners. OSHA distinguished its existing tensile-strength rules from a…

2009-10-13 Opinion Letter October 13, 2009
US

Minimum disaster unemployment assistance for late 2009 Withdrawn

ETA sent states minimum weekly Disaster Unemployment Assistance amounts for major disasters declared October 1 through December 31, 2009. The table generally uses half the state’s average weekly…

UIPL No. 1-10 Guidance October 9, 2009
US

Aluminum grinding and shipyard fire watches

A ship repair association asked whether grinding aluminum requires a fire watch. OSHA said the answer depends on whether the operation produces fire or sparks under the conditions of its shipyard…

2009-10-08 Opinion Letter October 8, 2009
US

WOTC 2008 form use extension Withdrawn

ETA extended the period in which employers and representatives could submit 2008 Work Opportunity Tax Credit Individual Characteristics and Conditional Certification forms while new forms were…

TEGL No. 3-09, Change 1 Guidance October 7, 2009
US

European GHS labels under the 2009 hazard communication rule Unknown

An ink manufacturer asked whether an EU GHS label satisfied OSHA’s then-current Hazard Communication Standard. OSHA said it could, if the label carried the identity, specific hazard warning, and…

2009-10-06 Opinion Letter October 6, 2009
US

2008 customer satisfaction score weights Withdrawn

ETA gave states the program year 2008 American Customer Satisfaction Index weight table for participant and employer surveys used in WIA performance reporting. Two attachments include score-weight…

TEGL No. 7-09 Guidance September 30, 2009
US

Recovery Act reporting for WIA programs sharing an award number Withdrawn

ETA told WIA grantees whose Adult, Dislocated Worker, and Youth programs share one grant award number how to report Recovery Act funds while the reporting system cannot accept three separate…

TEGL No. 1-09, Change 2 Guidance September 30, 2009
US

Guarding access openings to fixed ladders Unknown

OSHA instructed regional administrators to cite unguarded ladderway floor openings under the then-current §1910.23(a)(2). In its 2009 reading, a platform entrance to a fixed ladder still needed a…

2009-09-29 Guidance September 29, 2009
US

IRA death benefits paid to a family trust Unknown

An IRA owner asked whether post-death distributions to a named trust, and commissions paid to a successor trustee, would be prohibited transactions. EBSA said an otherwise proper IRA benefit payment…

Advisory Opinion 2009-02A Opinion Letter September 28, 2009
US

Recovery Act recipient reporting clarification Withdrawn

ETA clarified how Recovery Act grantees should count jobs created or retained, including paid summer youth work and cumulative full-time-equivalent calculations. It supplements TEGL 1-09; Change 2…

TEGL No. 1-09, Change 1 Guidance September 21, 2009
US

Revised TAA participant report instructions Withdrawn

ETA instructed states to implement the revised 2010 Trade Activity Participant Report for Trade Adjustment Assistance, including data definitions, submission and quality rules. A linked attachment…

TEGL No. 6-09 Guidance September 15, 2009
MA

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…

Opinion Letter September 9, 2009
US

Native American youth Recovery Act reporting Withdrawn

ETA issued a revised ETA Form 9085 and instructions for WIA section 166 Indian and Native American Supplemental Youth Services reporting, including Recovery Act performance data. An attachment…

TEGL No. 5-09 Guidance September 4, 2009
US

2010 substantial unemployment area designations Withdrawn

ETA instructed states to submit area of substantial unemployment designations and supporting data for WIA adult and youth allotments beginning July 1, 2010. It describes the designation threshold…

TEGL No. 4-09 Guidance September 3, 2009
US

New Recovery Act WOTC target groups Withdrawn

ETA guided state workforce agencies on eligibility certification for the Recovery Act WOTC unemployed-veteran and disconnected-youth target groups. Four linked materials provide forms and…

TEGL No. 3-09 Guidance September 1, 2009
US

Mailing address on a material safety data sheet Unknown

A consultant preparing material safety data sheets for blended fuel products asked whether the responsible party had to list a physical address. OSHA said the 2009 rule allowed either a physical or…

2009-08-31 Opinion Letter August 31, 2009
US

Rescission of H-2A processing change Withdrawn

ETA rescinded TEGL 11-07, Change 1, which had supplied H-2A labor certification processing procedures for state agencies and national processing centers. ETA said its December 2008 regulation made…

TEGL No. 11-07, Change 2 Guidance August 28, 2009
US

Approved training policy for UI claimants

ETA encouraged states to review what training qualifies as state-approved training for unemployment insurance claimants, building on TEGL 21-08. It recommends policies for approving training during…

TEGL No. 2-09 Guidance August 26, 2009
US

WIA annual report narrative update Rescinded

ETA gave states additional guidelines for the narrative portion of the WIA annual report and updated submission procedures. An attachment outlines possible alternative efficiency measures. TEGL 9-10…

TEGL No. 14-00, Change 3 Guidance August 24, 2009
US

De minimis conditions for chimney construction hoists Unknown

OSHA replaced its February 8, 2007 chimney hoist interpretation after finding hazards that the earlier alternative conditions did not address. Its de minimis policy applies only to specified work on…

2009-08-24 Opinion Letter August 24, 2009
US

Debit-card best practices for unemployment benefit payments

ETA recommended direct deposit for claimants with bank accounts, clear notice of debit-card fees and better card-provider fee terms. It interpreted federal unemployment law to require at least one…

UIPL No. 34-09 Guidance August 21, 2009
US

Expanded 2009 unemployment technology funding opportunity Unknown

ETA expanded a fiscal year 2009 technology funding opportunity beyond overpayment controls to include improvements to state unemployment systems, call centers, electronic services and performance.…

UIPL No. 31-09, Change 1 Guidance August 21, 2009
US

H-2B travel and visa costs under the FLSA

WHD said transportation and visa costs of H-2B workers are generally for the employer’s benefit. Employers must cover those costs when shifting them to workers would drive first-week wages below the…

FAB No. 2009-2 Guidance August 21, 2009
CA

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.…

2009.08.19 Opinion Letter August 19, 2009
US

Digital chest radiography under asbestos medical surveillance rules Unknown

A federal health official asked whether digital chest X-rays could replace film for required asbestos medical surveillance. OSHA said no under the standards and reference-image system then in…

2009-08-18 Opinion Letter August 18, 2009
US

Recovery Act recipient reporting rules Withdrawn

ETA gave direct recipients and state workforce agencies initial instructions for reporting uses of Recovery Act funds under section 1512, including data to collect and submission responsibilities.…

TEGL No. 1-09 Guidance August 14, 2009
US

Proposed measures of unemployment tax-rate manipulation enforcement Unknown

ETA proposed changes to the ETA 581 report and Tax Performance System reviews to measure state detection and enforcement of unemployment tax-rate manipulation, and sought states to test them. The…

UIPL No. 33-09 Guidance August 11, 2009
US

High-visibility garments in highway construction work zones Unknown

OSHA withdrew its May 11, 2004 answer after a review commission found that it had not given fair notice of the agency’s view. OSHA said specific standards required warning garments for flaggers and…

2009-08-05 Opinion Letter August 5, 2009
VA

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,…

LEL-07 Administrative Policy July 30, 2009
US

Administrative subaccounts in state unemployment funds

ETA revised its position on when state unemployment fund money is unavailable for benefit payments in calculating a federal Title XII advance. For specified Reed Act and modernization funds…

UIPL No. 32-09 Guidance July 16, 2009
US

Fiscal year 2009 unemployment overpayment technology grants Unknown

ETA invited state unemployment agencies to request fiscal year 2009 funds for technology to prevent, detect and collect benefit overpayments. Its attachments include proposal instructions and…

UIPL No. 31-09 Guidance July 15, 2009
US

When a supervisor’s dust-mask advice makes respirator use required

A construction employer described outdoor concrete cutting below exposure limits and a supervisor advising a worker to wear an N95 dust mask. OSHA treated that advice as required respirator use,…

2009-07-14-0 Opinion Letter July 14, 2009
US

Citation guidance for spray finishing operations Unknown

An OSHA regional administrator asked how to cite spray finishing work. The corrected memorandum distinguishes booth or room requirements tied to employee exposure from fire and explosion rules, and…

2009-07-14 Guidance July 14, 2009
US

Helper staffing for asbestos glovebag removal

A contractor asked whether each glovebag in a large Class I pipe-insulation removal needed two assigned workers. OSHA said one helper can support a small group of adjacent glovebag workers, provided…

2009-07-13 Opinion Letter July 13, 2009
US

Pell grants and approved UI training clarification

ETA clarified Pell Grant eligibility for unemployment beneficiaries, including the undergraduate-program and prior-degree limits. It encouraged states to tell claimants whether proposed training is…

TEGL No. 21-08, Change 1 Guidance July 8, 2009
US

Minimum disaster unemployment assistance for July through September 2009 Withdrawn

ETA sent states minimum weekly Disaster Unemployment Assistance amounts for major disasters declared July 1 through September 30, 2009. The attachment generally uses half a jurisdiction’s average…

UIPL No. 30-09 Guidance July 2, 2009
US

Fiscal year 2010 state unemployment resource planning targets Withdrawn

ETA gave states preliminary fiscal year 2010 unemployment administration budget and staffing targets and explained its allocation method. Three attachments contain detailed state allocations and…

UIPL No. 29-09 Guidance June 30, 2009
US

Hexavalent chromium enforcement and substitution Unknown

A correspondent urged OSHA to enforce its hexavalent chromium standards and ban the chemical in metal finishing. OSHA encouraged substitution where feasible, noted that some hot work generates…

2009-06-29 Opinion Letter June 29, 2009
US

2008 unemployment performance and 2009-2010 targets Withdrawn

ETA summarized the unemployment insurance program’s fiscal year 2008 results under federal performance goals and announced targets for fiscal years 2009 and 2010. An attachment provides supporting…

UIPL No. 28-09 Guidance June 23, 2009

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.
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