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

Program year 2008 workforce allotments Withdrawn

ETA announced program year 2008 WIA, Wagner-Peyser and workforce information allotments, plus fiscal year 2008 Work Opportunity Tax Credit allotments. Linked tables provide state and outlying-area…

TEGL No. 23-07 Guidance March 25, 2008
US

Resumed annual respirator fit testing for tuberculosis

OSHA told regional administrators that an appropriations restriction had prevented enforcement of annual fit testing for respirators used against tuberculosis. The 2008 appropriation omitted that…

2008-03-24 Guidance March 24, 2008
US

Medicaid reimbursement despite missing plan preauthorization Unknown

A state Medicaid agency asked whether an ERISA health plan’s prior-authorization rule could block recovery of payments the state made for covered care. EBSA said a plan generally must allow…

Advisory Opinion 2008-03A Opinion Letter March 21, 2008
US

Fiscal year 2008 foreign labor certification grants Withdrawn

ETA provided fiscal year 2008 grant planning and management instructions for state workforce agencies administering foreign labor certification programs. The attachments give workload and…

TEGL No. 21-07 Guidance March 19, 2008
US

Voluntary shift swaps at a public agency

A public agency asked whether it had to pay an employee separately for a voluntary substitute shift worked for a coworker in the same role. WHD said separate pay generally was unnecessary under the…

FLSA2008-2 Opinion Letter March 17, 2008
US

Unemployment data validation activities from 2008 onward Withdrawn

ETA updated state unemployment agencies on required 2008 data validation work, submission rules beginning in validation year 2009, and follow-up when validation failed. It also addressed replacement…

UIPL No. 22-05, Change 2 Guidance March 14, 2008
US

Child support collection fees and unemployment benefits

ETA explained that a state unemployment agency may deduct child support obligations from a claimant’s benefits but may not also withhold a child support processing fee from those benefits without…

UIPL No. 14-08 Guidance March 12, 2008
US

Deputies taking occasional civilian dispatch shifts

A sheriff's department asked whether detention and patrol officers could take occasional, voluntary shifts in civilian communications jobs without combining those hours for overtime. WHD said the…

FLSA2008-5NA Opinion Letter March 7, 2008
US

Pole gaffs and tree climbing under telecommunications rules

A contractor asked whether a telecommunications prohibition on pole climbers applied to unrelated tree trimming and whether pole gaffs could be used on thin-bark trees near telecom lines. OSHA said…

2008-03-07 Opinion Letter March 7, 2008
US

Administrative exemption for purchasing agents

A motor home manufacturer asked whether its purchasing agents qualified for the FLSA administrative exemption. WHD said they did on the described facts because purchasing and vendor decisions…

FLSA2008-1 Opinion Letter March 6, 2008
US

Baseline medical exams for HAZMAT team members

A HAZMAT team member asked whether workers could opt out of medical surveillance. OSHA said members of an organized response team must receive a baseline physical before performing team duties, even…

2008-03-03 Opinion Letter March 3, 2008
US

Executive exemption for ready-mix plant managers

A ready-mix concrete company asked whether its batch-plant managers were exempt executives or administrators under the FLSA. WHD said the described managers met the executive duties tests because…

FLSA2008-4NA Opinion Letter February 29, 2008
US

Paid fire-company driver also volunteering as firefighter

A nonprofit fire company asked whether a paid driver who also fights fires could volunteer as a firefighter after a regular 40-hour week. WHD said no: the volunteer role would be the same service…

FLSA2008-3NA Opinion Letter February 29, 2008
US

Shock and arc-flash PPE when testing circuits or switching breakers Unknown

A construction safety consultant asked about PPE for verifying a circuit was de-energized and switching enclosed breakers. OSHA said effective insulation or other guarding could protect against…

2008-02-29 Opinion Letter February 29, 2008
US

New hire directory checks in unemployment benefit accuracy audits

ETA instructed state agencies how to match Benefit Accuracy Measurement cases against the National Directory of New Hires, including case identifiers and matching periods. Three attachments supply…

UIPL No. 3-07, Change 1 Guidance February 27, 2008
US

Calendar year 2007 unemployment benefit accuracy publication deadlines Withdrawn

ETA instructed state agencies when to complete and check 2007 Benefit Accuracy Measurement samples before federal publication. It set deadlines for resolving discrepancies and explained how…

UIPL No. 13-08 Guidance February 27, 2008
US

Unemployment insurance performance targets Withdrawn

ETA summarized fiscal year 2007 unemployment insurance program performance and announced federal targets for fiscal years 2008 and 2009. The letter expired February 25, 2009, and ETA now labels it…

TEGL No. 20-07 Guidance February 25, 2008
US

Outside consultant as laboratory Chemical Hygiene Officer

A laboratory asked whether it could designate an outside consultant as its Chemical Hygiene Officer. OSHA said the standard defines that officer as an employee of the laboratory, so a nonemployee…

2008-02-15 Opinion Letter February 15, 2008
US

Timekeeping for required training done at home

An employer asked whether a signed time sheet recording start and end times could track mandatory online training performed at home. WHD said the policy was an acceptable way to capture compensable…

FLSA2008-2NA Opinion Letter February 14, 2008
US

Salary threshold for a part-time exempt employee

An employer asked whether it could halve the weekly salary threshold for an otherwise exempt worker whose schedule was reduced to 20 hours. WHD said the then-applicable $455 threshold could not be…

FLSA2008-1NA Opinion Letter February 14, 2008
US

Proposed reemployment performance measure for unemployment claimants Withdrawn

ETA proposed using the share of unemployment claimants with reported wages in the quarter after their first payment as a reemployment measure. It sought comment on a performance benchmark that would…

UIPL No. 12-08 Guidance February 13, 2008
US

2008 military remuneration schedule for ex-servicemember claims Withdrawn

ETA instructed state unemployment agencies to use the attached 2008 military remuneration schedule for Unemployment Compensation for Ex-Servicemembers first claims filed from the first applicable…

UIPL No. 11-08 Guidance February 13, 2008
US

Extension of unemployment resource model reporting approval Withdrawn

ETA announced federal approval to continue collecting state unemployment administration expenditure data through the Resource Justification Model until November 30, 2010. It explained the model’s…

UIPL No. 10-08 Guidance February 13, 2008
US

Disposal of spray-finishing filter pads and rolls

A waste processor asked how used spray-finishing filter pads and rolls had to be stored before collection. OSHA described three options: immediately remove them to a safe detached place, put them in…

2008-02-11 Opinion Letter February 11, 2008
US

Kentucky wage-deduction consent and ERISA preemption Unknown

A welfare plan asked whether Kentucky’s written-consent requirement for wage deductions could limit automatic enrollment and contributions. EBSA said ERISA preempts the state law to the extent it…

Advisory Opinion 2008-02A Opinion Letter February 8, 2008
US

2008 poverty guidelines for SCSEP Rescinded

ETA issued 2008 poverty and 125-percent low-income guidelines for Senior Community Service Employment Program eligibility, effective January 23, 2008. It rescinded TEGL 14-06 and was later expressly…

TEGL No. 19-07 Guidance February 7, 2008
US

Stacking wrapped brick and masonry units

A masonry association asked whether brick and block units shipped on wrapped pallets could be stacked in tiers without tapering. OSHA said the general rule against sliding, falling or collapse…

2008-02-06 Opinion Letter February 6, 2008
US

Successor employer duty to keep coke-oven exposure records Unknown

NIOSH asked who had to retain Weirton Steel exposure and medical records after the plant’s assets were sold. OSHA said the buyer was a successor because operations and workforce substantially…

2008-02-01-0 Opinion Letter February 1, 2008
US

Utility systems within Process Safety Management coverage

An oil-industry group asked OSHA to exclude plant utilities from Process Safety Management and treat electrical power rules as preempting PSM. OSHA declined. A utility that can affect a covered…

2008-01-31 Opinion Letter January 31, 2008
US

Intercepting refunds of erroneous unemployment employer contributions

ETA interpreted federal unemployment fund rules to allow a state agency to apply a refund of an employer’s erroneous unemployment contributions to other liabilities the employer owes the state,…

UIPL No. 9-08 Guidance January 29, 2008
US

Intercepting refunds of erroneous employer unemployment contributions

ETA interpreted the federal unemployment fund withdrawal standard to permit a state to intercept a refund of employer contributions erroneously paid into the fund and apply it to the employer's…

UIPL No. 9-08 Guidance January 29, 2008
US

Hand dryers and paper towels in employee restrooms

A correspondent asked OSHA to require paper towels rather than electric hand dryers in store restrooms. OSHA said its general-industry sanitation rule permits warm-air blowers or several towel…

2008-01-29 Opinion Letter January 29, 2008
US

Calendar year 2008 interest rate on federal unemployment advances Withdrawn

ETA announced a 4.8078 percent interest rate for calendar year 2008 federal Title XII advances to state unemployment funds. It also summarized payment timing and exceptions for certain short-term…

UIPL No. 8-08 Guidance January 28, 2008
US

2008 interest rate and payment rules for Title XII advances Withdrawn

ETA announced a 4.8078% interest rate for Title XII unemployment advances during calendar year 2008 and reminded states to fund interest payments outside their unemployment funds and federal funds.…

UIPL No. 8-08 Guidance January 28, 2008
US

Programmable controllers and the lockout minor-servicing exception

A manufacturer asked whether a programmable logic controller could protect workers during minor servicing without full lockout. OSHA said a PLC is not an energy-isolating device and cannot replace…

2008-01-25 Opinion Letter January 25, 2008
US

Joint-venture links under underwriter exemption Unknown

A securitization trustee asked whether a joint venture with a subsidiary of a restricted party made it an affiliate under prohibited transaction exemptions. EBSA said shared participation in that…

Advisory Opinion 2008-01A Opinion Letter January 18, 2008
MA

Required employee physical exams are paid; pre-hire exams depend on the facts

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.…

Opinion Letter January 18, 2008
US

Fiscal year 2008 state unemployment administration funding guidance Withdrawn

ETA gave state unemployment agencies final fiscal year 2008 base funding allocations, explained reduced funding for workloads above base levels, and described supplemental budget request rules. ETA…

UIPL No. 7-08 Guidance January 17, 2008
US

FY 2008 state unemployment insurance resource allocations and supplemental budgets Withdrawn

ETA set FY 2008 state unemployment insurance administration funding guidance after an appropriation below the budget request. The letter kept base allocations at planning targets, reduced above-base…

UIPL No. 7-08 Guidance January 17, 2008
US

Live trainer access during bloodborne pathogens e-learning

A federal agency asked whether a bloodborne pathogens trainer had to be a healthcare professional and present in the classroom. OSHA said neither was required, but the trainer must know the subject…

2008-01-17 Opinion Letter January 17, 2008
US

Foreign labor certification grants under 2007 CR Withdrawn

ETA advised state workforce agencies of alien labor certification grant allocations under the continuing resolution in effect December 22 through December 31, 2007. The letter's printed rescissions…

TEGL No. 18-07 Guidance January 11, 2008
MA

Banquet service charges may count toward the minimum wage above the cash 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…

Opinion Letter January 8, 2008
US

2008 retirement benefit cost-of-living changes and unemployment claims Withdrawn

ETA told states with applicable pension-offset laws to review claims affected by increases in Social Security annuities and federal civilian pensions effective December 2007. An attachment gives…

UIPL No. 6-08 Guidance January 3, 2008
US

2007 Social Security and federal civilian pension cost of living adjustments Withdrawn

ETA advised states whose laws offset unemployment insurance benefits for retirement income to review claimant records after the December 2007 Social Security and federal civilian pension cost of…

UIPL No. 6-08 Guidance January 3, 2008
US

Technology-based learning in workforce programs Withdrawn

ETA encouraged state and local workforce programs to use technology-based training within existing program rules. It discussed training quality, attendance and instructional time, digital access,…

TEGL No. 17-07 Guidance January 3, 2008
US

SCSEP state plan requirements after 2006 amendments Withdrawn

ETA instructed state and national Senior Community Service Employment Program grantees on the four-year state plans required by the 2006 Older Americans Act amendments. The letter set a March 31,…

TEGL No. 16-07 Guidance December 31, 2007
US

Off-duty city police work for an independent authority

A city asked whether off-duty police officers' security work for a convention authority had to be combined with city hours for overtime. WHD said no on the stated facts because the city police…

FLSA2007-12 Opinion Letter December 31, 2007
US

Minimum disaster unemployment benefits for January through March 2008 Withdrawn

ETA sent states minimum weekly Disaster Unemployment Assistance amounts for major disasters declared January 1 through March 31, 2008. Its attachment lists state figures based on average weekly…

UIPL No. 5-08 Guidance December 28, 2007
US

Minimum disaster unemployment assistance benefit amounts, January–March 2008 Withdrawn

ETA gave state workforce agencies the minimum weekly Disaster Unemployment Assistance amounts for major disasters declared during January through March 2008, based on each jurisdiction's average…

UIPL No. 5-08 Guidance December 28, 2007
US

2008 locality pay rates for federal civilian employees Withdrawn

ETA told state unemployment agencies they could use 2008 federal General Schedule locality salary rates to estimate benefit entitlement or potentially disqualifying pay when federal agencies did not…

UIPL No. 4-08 Guidance December 28, 2007
US

2008 General Schedule locality pay rates for unemployment determinations Withdrawn

ETA told state workforce agencies that 2008 General Schedule locality salary rates could help estimate unemployment benefit entitlement or potentially disqualifying remuneration when federal…

UIPL No. 4-08 Guidance December 28, 2007
US

2008 military pension cost-of-living increases Withdrawn

ETA supplied military retired pay cost-of-living percentages effective December 2007 and told states with pension-offset laws to identify affected unemployment claimants and apply state law. ETA now…

UIPL No. 3-08 Guidance December 28, 2007
US

2007 federal military retired pay adjustment and unemployment benefit offsets Withdrawn

ETA announced December 2007 military retired pay cost of living increases and instructed states whose laws offset unemployment benefits for pensions to identify affected claimants and apply the…

UIPL No. 3-08 Guidance December 28, 2007
US

Reporting postage and other special unemployment administrative costs Unknown

ETA instructed states on reporting postage, Trade Readjustment Allowances administration, and SAVE program administration in the Resource Justification Model. It distinguished the amounts to report…

UIPL No. 2-08 Guidance December 28, 2007
US

Reporting postage, TRA, and SAVE expenditures through the Resource Justification Model Withdrawn

ETA instructed state workforce agencies how to classify postage, Trade Readjustment Allowance administration, and SAVE administration as Non-RJM expenditures. Postage was to be reported at the…

UIPL No. 2-08 Guidance December 28, 2007
US

Continuation of TAA and ATAA programs through fiscal 2008 Unknown

Before the scheduled December 31, 2007 sunset, Congress funded the Trade Adjustment Assistance and Alternative Trade Adjustment Assistance programs for fiscal 2008. ETA told state workforce agencies…

TEGL No. 15-07 Guidance December 28, 2007
US

Flammable-liquid storage, ventilation, and process tanks Unknown

A pharmaceutical plant asked nine questions about flammable-liquid use, ventilation, transfers, and tank vents. OSHA distinguished incidental storage from production operations, described a…

2007-12-26 Opinion Letter December 26, 2007
US

Pension proxy votes and public policy campaigns Unknown

A requester asked whether pension fiduciaries could use plan assets to press public policy or political issues through shareholder resolutions. EBSA said doing so violates fiduciary prudence and…

Advisory Opinion 2007-07A Opinion Letter December 21, 2007
US

Quiet time before workplace audiometric testing

An employer asked whether workers need two days away from noise before hearing tests. OSHA said a baseline audiogram needs 14 hours without workplace noise, and hearing protection may substitute;…

2007-12-21 Opinion Letter December 21, 2007
US

When a skylight serves as a fall-protection cover

A roofing contractor asked whether a manufacturer’s claimed 775-pound skylight rating removed the need for separate fall protection. OSHA said it does not endorse the product; a skylight may be…

2007-12-20 Opinion Letter December 20, 2007

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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