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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Program year 2009 unemployment-area designations Withdrawn
ETA asked states to submit areas of substantial unemployment for program year 2009 WIA youth and adult allotments. The letter describes the qualifying unemployment rate, population and submission…
Questions and corrected payment deadline for 2008 emergency benefits Unknown
ETA corrected the original 2008 emergency unemployment letter’s final payment week and answered state agencies’ questions about eligibility and administration in an attachment. It also changed the…
Bloodborne pathogens training for tattoo and piercing workers
A training provider asked whether generic annual bloodborne pathogens instruction was enough for tattoo and piercing workers. OSHA said the required subjects must be covered and industry and…
2008 emergency unemployment program administration funding Withdrawn
ETA informed states about advance administration funding for 2008 emergency unemployment claims and invited requests for one-time implementation costs, with an attached request template. The letter…
"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…
Moving an intact house and the demolition standard
OSHA considered a residential structure moved intact from one foundation to another. Because the described process was designed to preserve the house, OSHA said its demolition subpart would not…
Combining HAZWOPER refresher and construction outreach training
A union asked whether one 12-hour course could cover an eight-hour HAZWOPER refresher and a ten-hour construction outreach course. OSHA said overlapping instruction need not be repeated if all…
Flammable-filled transformers in underground construction
OSHA said the underground construction rule for oil-filled transformers also applies to transformers filled with materials that are flammable in any degree. The employer must place them in a…
Preserving baseline blood after an exposure incident
A healthcare consultant asked whether a worker could waive the 90-day storage period for baseline blood after an exposure incident. OSHA said no. If a worker consents to collection but not immediate…
Workforce services for trafficking victims
This change to TEGL 19-01 guided One-Stop Career Centers on assisting trafficking victims under WIA, including eligibility documentation and referrals. It explained that certified adult victims and…
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…
Surplus welfare-plan assets after termination Unknown
A welfare trust asked whether it could amend its terms and send surplus assets to an unrelated tax-exempt foundation after terminating the plan. EBSA said ERISA did not bar the described amendment…
Class III asbestos refresher and demolition training
A training firm asked about Class III asbestos refresher courses and excavator operators disturbing asbestos debris. OSHA said the rule does not set a refresher minimum duration but expects at least…
Emergency Unemployment Compensation 2008 operating instructions
ETA gave state workforce agencies operating instructions for the 2008 Emergency Unemployment Compensation program. It described who could receive up to 13 weeks of federally financed benefits, when…
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…
Disaster Unemployment Assistance eligibility questions and answers
ETA answered state agencies' questions about Disaster Unemployment Assistance eligibility. Its attachment explains when a late claim may have good cause, what counts as unemployment directly caused…
Fiscal year 2009 unemployment insurance resource planning targets Withdrawn
ETA gave state workforce agencies preliminary fiscal year 2009 unemployment insurance funding and staffing targets for their plans. It explained how the targets were calculated and allowed states to…
Disaster unemployment minimum weekly benefits for July–September 2008 Withdrawn
ETA gave state workforce agencies a table of minimum weekly Disaster Unemployment Assistance amounts for major disasters declared from July through September 2008. It based the amounts on each…
Pension assets and union organizing goals Unknown
A requester asked whether pension assets could support union organizing or collective bargaining objectives. EBSA said fiduciaries may not increase plan costs, give up investment returns, or reduce…
SCSEP state plan deadline extension Withdrawn
ETA extended the deadline for Senior Community Service Employment Program state plans to June 30, 2008 and explained how existing plans would be treated from July 1. ETA now labels this…
Learned professional exemption for service coordinators
An organization asked whether its service coordinators qualified for the FLSA learned professional exemption. WHD said they did not because the position could be filled by someone with an…
Program year 2008 workforce information grants Withdrawn
ETA gave states application and management instructions for program year 2008 Workforce Information Grants, with a statement of work, reporting forms and allotment information. ETA now labels this…
Revised FY 2009 unemployment insurance State Quality Service Plan call Withdrawn
ETA replaced UIPL 18-08 with revised instructions for state unemployment insurance agencies preparing fiscal year 2009 State Quality Service Plans. It set expectations for performance goals,…
Revised 2008 SCSEP allotments Withdrawn
ETA revised Senior Community Service Employment Program 2008 positions and funding, reserved funds for program support, and changed grant modification deadlines. It expressly rescinded only…
Partial overtime exemption for city jailers
A city asked whether its jailers qualified for the FLSA's partial overtime exemption for correctional security personnel, even though they had no power to arrest. WHD said they did, because the…
Three-week pay period adjustment and minimum wage
A school district asked whether its occasional three-week pay period, created to keep a 26-pay-period annual cycle, violated the FLSA. WHD said the described schedule complied because each week's…
On-call pay for ambulance rescue workers
An ambulance rescue service asked whether employees' four-hour daily on-call periods counted as work. WHD said winter on-call time was compensable because calls were frequent, the in-person response…
Availability of off-site confined-space rescue services
An employer asked whether a local fire department could serve as its permit-space rescue team when another call might make the team unavailable. OSHA said the employer must evaluate timely response…
Compressed calibration gas cylinders in laboratories Unknown
A utility asked which rules applied to small methane and 20.9% oxygen calibration cylinders. OSHA cited compressed-gas handling and inspection rules and hazard communication for methane’s…
WIA incentive grant applications Withdrawn
This change to TEGL 20-01 updated how eligible states applied for WIA section 503 incentive grants based on program year 2006 performance. ETA now labels this period-specific advisory Canceled.
Initial FY 2009 unemployment insurance State Quality Service Plan call Rescinded
ETA initially instructed state unemployment insurance agencies to prepare their fiscal year 2009 State Quality Service Plans, with performance goals, corrective action plans, and submission steps.…
Guarding abrasive tools on CNC stone machines
A machine maker asked whether a CNC stone contouring machine could run without an enclosure. OSHA said employers must protect workers from flying tool and material fragments. Abrasive wheels fall…
Missed meal breaks, unrecorded work, premiums, and rounding
An employer asked six questions about missed meal periods, work outside scheduled hours, premium pay, and time-clock rounding. WHD said missed meals and other work the employer allows count as hours…
Required shoes, uniforms, and voluntary payroll deductions
A restaurant asked whether ordinary dark, nonslip shoes were uniforms and whether workers could buy them voluntarily through payroll deductions. WHD said the broadly specified shoes were not…
Unemployment insurance reemployment rate performance measure Withdrawn
ETA set acceptable state performance levels for the unemployment insurance reemployment rate measure and explained how to calculate and report it. The letter includes a matrix adjusted for…
Outside-sales exemption for novelty-item sellers
A company asked whether employees who sell novelty items for several days at promotional events and retail locations qualified for the FLSA outside-sales exemption. WHD said they did because selling…
SCSEP placements with faith organizations
ETA explained how Senior Community Service Employment Program grantees could work with faith-based and community organizations while meeting DOL's equal-treatment requirements. ETA still lists this…
2008 farmworker jobs grant plans Withdrawn
ETA instructed National Farmworker Jobs Program grantees on preparing and submitting 2008 grant plans under WIA section 167. The linked attachments give program allocations. The letter expired June…
Employer payment for lineman belts and hooks
A tree-service employer asked whether it had to pay for lineman belts and hooks used to comply with OSHA rules. OSHA said yes: the climbing and work-positioning equipment protects against falls and…
Denied variance for an oxygen-deficient fire prevention system Unknown
A senator asked why OSHA denied a variance for a system that would lower workplace oxygen to about 15% to prevent fires. OSHA said the proposed health screening and pulse-oximeter measures would act…
2008 farmworker housing grant plans Withdrawn
ETA instructed National Farmworker Jobs Program housing grantees on preparing and submitting 2008 annual grant plans and provided allocation information. The letter expired June 30, 2009, and ETA…
2008 SCSEP planning instructions Withdrawn
ETA gave Senior Community Service Employment Program grantees application instructions and allotments for program year 2008. TEGL 30-07 later replaced only this letter's Attachment H funding tables.…
Native American program plans for 2008-09 Withdrawn
ETA instructed WIA section 166 Indian and Native American grantees to prepare two-year comprehensive services and supplemental youth plans for program years 2008 and 2009. ETA now labels this…
HAZWOPER cleanup and hazardous materials technician training
A trainer asked whether one program could qualify a hazardous-waste cleanup worker and an emergency-response hazmat technician. OSHA said a single combined or hybrid course does not satisfy both…
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…
Monthly employment data for the wage census and unemployment program
ETA told states that monthly employer employment data used in the Quarterly Census of Employment and Wages are needed for unemployment program measures and must be collected, including follow-up on…
Administrative exemption for product technology analyst
A manufacturing-related company asked whether its product technology and marketing analyst qualified for the FLSA administrative exemption. WHD said the described worker did, based on independent…
Keeping sharps containers upright during use
A laboratory asked whether it had to mechanically restrain sharps containers. OSHA said the standard requires containers to remain upright but does not mandate restraints in every setting. A…
Expiration disclaimers on material safety data sheets Unknown
A federal supply office asked whether an MSDS could say it was valid only on the day printed. OSHA said that statement conflicted with the then-current Hazard Communication Standard. The sheet…
Appeals case age and determination quality performance criteria
ETA set performance criteria for the average age of pending unemployment appeals: 30 days for lower authority and 40 days for higher authority, measured at the performance year end. It also…
When corrosive exposures require eyewashes and showers
A building authority asked when emergency eyewashes or showers were needed in low-hazard locations. OSHA said the requirement depends on a potential eye or body exposure to injurious corrosives, not…
pH buffer solutions for washing wet cement from skin
A union asked whether pH buffer solution could substitute for soap in work with wet portland cement. OSHA gave a qualified yes: it could satisfy sanitation rules if used in a way that removed the…
Foreign custody of pooled pension assets Unknown
A global custodian asked whether foreign banks and securities depositories could hold evidence of ownership for pension assets in a cross-border pool. EBSA said the described custody chain could…
Revised deadline for WIA rescission reporting Withdrawn
This change to TEGL 24-07 extended the deadline for states to enter WIA funding rescission data in the electronic reporting system from April 7 to May 7, 2008. The letter says it made no other…
Minimum disaster unemployment benefits for April through June 2008 Withdrawn
ETA sent states minimum weekly Disaster Unemployment Assistance amounts for major disasters declared April 1 through June 30, 2008. Its attachment gives the state calculations based on average…
Spray booths for nonflammable water-based paints Unknown
An employer asked if water-based, nonflammable paint with toxic ingredients had to be sprayed in a booth despite measured exposures below limits. OSHA said the presence of a potential health hazard…
Employee identifiers on lead exposure records Unknown
An employer asked whether it could use identifiers other than Social Security numbers on lead exposure records. OSHA said it could use alternate IDs in an internal copy if each could be…
Floor-load signs and a proposed walking-surfaces rule Unknown
A correspondent asked whether a floor-load sign was required after a 1996 letter seemed to say otherwise. OSHA said the 1996 answer referred to a proposed rule. In 2008, it treated omission of a…
Fiscal year 2008 WIA funding rescissions Withdrawn
ETA explained three appropriations rescissions affecting WIA adult, dislocated worker and youth funds across fiscal years 2007 and 2008 and instructed states on reporting and implementation. Change…
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.