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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Extension of ETA-9000 internal fraud report clearance Withdrawn
ETA told state workforce agencies that OMB had extended approval for the annual ETA-9000 report on internal fraud in unemployment insurance operations. It gave the approval number, estimated…
Minimum disaster unemployment assistance amounts for April through June 2003 Withdrawn
ETA provided state workforce agencies with a table of minimum weekly Disaster Unemployment Assistance amounts for major disasters declared April 1 through June 30, 2003. It asked agencies to use the…
2002 cost of living increases in Social Security and federal civilian pensions Withdrawn
ETA announced the December 2002 cost of living increases in Social Security annuities and federal civilian pensions. It told states whose laws reduce unemployment benefits for retirement income to…
Retiree life insurance moved from welfare to pension plan Unknown
An insurer asked about an employer’s decision to end certain retiree life insurance under a welfare plan and add similar benefits under a pension plan. EBSA said the plan-design decision was a…
WIA performance goals for program years 2003 and 2004 Rescinded
ETA instructed states to negotiate Workforce Investment Act performance and customer satisfaction levels for program years 2003 and 2004, then submit plan modifications for regional approval. Its…
Static coefficients of friction for walking/working surfaces.
A laboratory manager asked why a static coefficient of friction of 0.5 is often attributed to OSHA. OSHA said no standard mandates a particular coefficient or requires employers to measure one; 0.5…
Reed Act distribution questions and answers
ETA answered five state questions about the Reed Act funds discussed in TEGL 18-01. It said administrative spending needs a specific state legislative appropriation made before expenses are…
Batteries in powered industrial trucks must be secured horizontally and/or vertically
A material-handling company asked how batteries reinstalled in powered industrial trucks must be secured. OSHA said the method must restrain the battery horizontally and/or vertically as the…
Automobile finance and insurance salesperson commission exemption
A dealership asked whether its finance and insurance salesperson qualified for the FLSA section 7(i) overtime exemption. WHD said the described dealership was a retail or service establishment and…
Dock loader may qualify as an exempt driver's helper if required to ride on interstate trips
An employer asked whether a dock loader who primarily loads and unloads trucks, but also rides a short distance with the driver to check freight for safety, is exempt from state overtime as a…
Access to needlestick and contaminated sharps injury records
A union asked whether workers and their representatives can see records of needlestick and contaminated sharps injuries. OSHA said they can access OSHA 300 entries, subject to privacy protections,…
OSHA enforcement policy of the PSM standard distilleries and related facilities in SIC 2085. Unknown
Kentucky’s Labor Cabinet asked whether federal OSHA’s 1997 process-safety-management enforcement policies for distilleries and atmospheric storage were still in effect. OSHA said the policies…
Facial hair and tight-fitting respirators
A senator asked about a constituent who was denied a sewage plant job because of his beard. OSHA said employers need not advise applicants of OSHA rules, but once employed, workers cannot wear…
Employee and employee representative access to MSDS; accompanying CSHOs on inspections. Unknown
A union asked about access to material safety data sheets and whether it could accompany an OSHA inspection at a workplace where it was not the bargaining agent. OSHA said employees must have…
WHD handling of FMLA complaints subject to arbitration
A requester challenged how WHD handled FMLA complaints involving binding arbitration. WHD said its district offices could defer an investigation when arbitration covered the same claim and could…
Release of 2002 unemployment benefit accuracy data Withdrawn
ETA set the procedures and deadlines for checking and releasing states' 2002 Benefit Accuracy Measurement data. It described which paid and denied claims count, how states should reconcile results…
National Emergency Grant financial reporting Rescinded
ETA required National Emergency Grant recipients to report financial data by project and funding source in its Enterprise Information Management System. The letter set transition steps and attached…
National Emergency Grants for trade worker health coverage Rescinded
ETA explained how states could use National Emergency Grants to help eligible trade-affected workers and certain pension recipients pay for qualified health coverage before advance tax credits…
FLSA notice at a multi-employer worksite
An insurance adjusting company asked whether every employer at a multi-employer worksite had to post an FLSA notice. WHD said an additional notice was not required when its employees worked in…
HAZWOPER emergency response and hazardous materials technician training
An Alaska transportation agency asked whether using absorbent pads for a nonemergency aircraft fuel spill requires HAZWOPER emergency response training, and whether cleanup training qualifies a…
Workplace exposure limits for ultra-violet radiation
An ultraviolet-industry association asked whether OSHA had workplace exposure limits for ultraviolet radiation. OSHA said its cited radiation standards did not cover ultraviolet light and therefore…
Child labor rules apply to minors filmed in reality television
A production company asked whether California's entertainment-industry child labor laws apply to minors appearing in an unscripted "reality" television show, given there's no script and the goal is…
Ventilation fan location and reversible airflow in underground construction
A tunnel contractor asked whether a main ventilation fan may sit near the tunnel face and connect to flexible ducting. OSHA said the rule does not require the fan at the surface, but the duct must…
Retesting of reassembled lifting accessories if original manufacturing controls are ensured; retesting requirement if repair/replacement of parts due to breakage, damage, or evidence of diminished capacity.
An equipment manufacturer asked whether a custom lifting accessory, tested at the factory and then disassembled for shipping, must be retested after reassembly at a construction site. OSHA said a…
Wage deductions for property damage require gross negligence or willful misconduct
An employer asked whether it could deduct from employees' wages for vehicle "accidents," believing deductions for simple negligence were barred but deductions for gross negligence or willful…
Reiteration of Existing OSHA Policy on Indoor Air Quality: Office Temperature/Humidity and Environmental Tobacco Smoke Unknown
OSHA sent regional administrators a memo explaining its position on office temperature, humidity, and environmental tobacco smoke after withdrawing a proposed indoor-air-quality rule. The memo said…
2003 federal military remuneration schedule for UCX claims Withdrawn
ETA directed state agencies to use its revised federal military remuneration schedule when determining wages for new UCX claims filed from the first applicable week on or after April 6, 2003. The…
Law firm administrative assistant exemption
A law firm asked whether an administrative assistant with advanced education and varied support duties qualified for the FLSA administrative exemption. WHD said the employee did not appear to…
State insurance regulation of a marketed health program Unknown
A company marketing and administering health programs asked whether ERISA shielded it and a selected reinsurer from state insurance laws. EBSA said neither entity was itself an ERISA plan or trust,…
Clarification of PSM applicability to processes that are based partly or solely on quantities in connected atmospheric storage tanks. Unknown
A law firm asked whether a research facility had to comply with process safety management requirements when its flammable-liquid quantity above the threshold was held in connected atmospheric tanks.…
Sanctions for missing WIA performance levels Rescinded
ETA set a policy for performance improvement plans and possible financial sanctions when a state repeatedly fell below negotiated Workforce Investment Act performance levels. It supplied sanction…
Bank overdraft protection for ERISA plan accounts Unknown
Bankers asked whether routine overdraft protection for plan securities and financial transactions was prohibited. EBSA said the described incidental service and related credit could be exempt under…
Students in a disabilities vocational-training placement are not covered employees
A high school asked DLS whether students with developmental disabilities placed at local businesses through its Community Based Vocational Training Program are "employees" covered by the state…
Federal fixed-schedule recordkeeping shortcut is permissible under state law too
An employer asked whether Massachusetts wage-hour law recognizes the federal "fixed schedule exception," which lets employers keep a schedule-based record of hours instead of logging exact hours…
Employee pension contributions and unemployment benefit reductions Withdrawn
ETA explained that a state may disregard up to the full amount of a pension when the worker made some direct contribution to the plan; the reduction need not match the contribution share. It said…
Farm labor contractor licensing covers farm managers, packers, and custom harvesters
Growers asked the DLSE whether entities they hire under labels like "farm manager," "vineyard management company," or "custom harvester" must be licensed as farm labor contractors under Labor Code…
Tardiness wage deductions limited to Labor Code section 2928's narrow exception
An employer asked the DLSE to reconcile Labor Code section 2928, which allows deducting up to a half-hour's wage for tardiness of less than 30 minutes, with the general rule that employees must be…
"Blended rate" bonus for shortened shifts need not be folded into the regular rate
A hospital asked whether it could pay a "blended rate" bonus — extra pay calculated to make an employee whole when sent home early from a scheduled shift — without folding that bonus into the…
Waiting-time penalties include owed bonuses and commissions; vacation payout follows the employer's policy
An employer asked whether waiting-time penalties for late final pay, and payouts of unused vacation, should be based on base salary alone or total compensation including guaranteed bonuses. The DLSE…
Deemed IRAs in Kentucky governmental retirement plan Unknown
Kentucky asked whether adding deemed IRAs for eligible public employees to its 401(k) deferred compensation plan would create ERISA-covered pension plans. EBSA said neither the plan nor those…
Enforcement policy for respiratory hazards without OSHA exposure limits Unknown
OSHA instructed its regional administrators on citing respiratory hazards where no permissible exposure limit applies. The memo said exceeding a recommended exposure level alone is not a violation;…
Use of occupational exposure levels (OELs) for substances not covered by an OSHA Permissible Exposure Limit (PEL). Unknown
A congressional committee chair asked whether OSHA enforced exposure levels recommended by nongovernmental groups as if they were binding limits. OSHA said it did not treat those levels as…
Use of an extensible boom forklift to place steel joists
A steel erection contractor asked if an extensible boom forklift could bring joists near their attachment points for workers to place by hand. OSHA said the method is allowed, applicable…
Scaffold frame access and rung spacing
A scaffold maker challenged OSHA’s finding that its base and extension frames did not meet access requirements. OSHA maintained that several rungs lacked adequate tread width or alignment and that…
Shear connectors on beams during bridge repair Unknown
A state transportation agency asked how steel-erection shear-connector rules apply when repairing a bridge. OSHA said the cited installation rule does not apply when removing an existing beam or…
Evaluation of sutureless catheter securement devices to prevent needlestick hazards.
A member of Congress asked whether sutureless catheter securement devices could reduce needlestick hazards for healthcare workers. OSHA said employers must evaluate available safer devices with…
Fiscal year 2003 unemployment insurance performance goals Withdrawn
ETA reported fiscal year 2002 results and set fiscal year 2003 unemployment insurance performance goals. It targeted timely first benefit payments, prompt employer tax account determinations, and…
Changing a vacation plan's calculation method doesn't erase already-vested pay
An employer wanted to stop including a night-shift pay differential when calculating vacation pay going forward, and asked whether it owed employees a lump-sum "true-up" for vacation already accrued…
The teacher exemption is limited to certificated or college-level teachers
A law firm asked whether California's professional exemption for "teachers" extends beyond those certified by the Commission for Teacher Preparation and Licensing or teaching at an accredited…
Engineer approval for manufactured trench protection systems deeper than 20 feet
An excavation contractor asked whether it needs separate engineer approval to use a manufactured trench shield deeper than 20 feet. OSHA said a contractor can use the manufacturer’s engineered…
Protection against an excavator swing radius
A safety consultant asked whether the swing radius of an excavator must be barricaded. OSHA said employers must use effective precautions against the recognized hazard, such as barricades or warning…
Acceptable uses of flexible temporary cords/cables on construction sites.
An electrical contractor asked whether temporary flexible cords may run through walls, ceilings, or floors on a construction site. OSHA said the construction electrical rule permits that routing…
Pay tied to collecting patient bills isn't a valid exempt salary
A psychological treatment center paid its licensed psychologists and assistants a percentage of collections received from patients or insurers, often months after services were rendered, and asked…
Compliance of Purlin Glide to OSHA steel erection standards.
A manufacturer asked whether its revised sheeting system met OSHA’s steel erection fall protection requirements during metal roof installation. OSHA said the submitted test data indicated the system…
Requirements for developing sufficiently-detailed written procedures for all machinery/equipment lockout/tagout.
A company asked whether it needed a separate lockout procedure for each of thousands of valves and other pieces of equipment. OSHA said one procedure may cover similar machines with the same energy…
Site surveillance technicians don't qualify as exempt professionals
An employer asked whether "site surveillance technicians," who monitor asbestos abatement work under a certification requiring only a high school diploma and six months' experience, qualify for the…
Rescue equipment and standby personnel for IDLH atmospheres
A municipal facility asked what training and equipment standby personnel need when a worker enters an immediately dangerous atmosphere. OSHA described respiratory training, suitable rescue…
Compliance of Master Plank scaffold planking with OSHA plank strength requirements.
A scaffold-plank manufacturer asked whether its laminated wood planks met OSHA’s strength and deflection rules. OSHA said the submitted test data indicated compliance when the planks are used within…
Wage order coverage for temp-agency workers placed with public employers
A staffing agency asked whether IWC wage orders apply to its employees while they're placed with city, county, or other public employers who use alternative workweek schedules the agency itself…
Extension of Temporary Extended Unemployment Compensation into 2003 Withdrawn
ETA explained the 2003 extension of Temporary Extended Unemployment Compensation. New TEUC claims could begin only through the week ending May 31, 2003; people with balances at that date could draw…
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.