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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Use of TEUC administrative funds in state unemployment budgets Withdrawn
ETA said states could charge Temporary Extended Unemployment Compensation funds for a fair share of facilities, computers, support staff, and other overhead used by that temporary program. It…
PY 2002 workforce information grant planning Rescinded
ETA directed states to submit grant plans for PY 2002 workforce information funds and described the allocation formula, required core products, customer satisfaction assessment and annual reporting.…
Online WOTC and welfare-to-work tax credit reporting Rescinded
ETA directed state workforce agencies to file quarterly Work Opportunity and Welfare-to-Work tax credit reports through an online reporting system. It described accounts, certification by PIN and…
Military service documents for ex-service member unemployment claims Unknown
ETA reminded state agencies to seek a DD Form 214 when deciding unemployment compensation claims by former service members. It said military orders could be used only after the agency showed…
Automated secondary verification of immigration status for unemployment claims Unknown
ETA told state unemployment agencies about an automated secondary process for checking a claimant's immigration status through the federal SAVE system. It said touch-tone and point-of-sale access…
Revised state unemployment tax rate manipulation guidance Withdrawn
ETA's revised letter warned states about unemployment tax rate manipulation in industries with high staff turnover and unemployment costs, including temporary help, construction, and hospitality. It…
Use of double-walled tanks as the only form of protection from collision damage.
A safety-management company asked whether a double-walled fuel tank alone met the construction rule for protecting dispensing units from collision damage. OSHA said it usually would not; even…
Mortar strength testing and controlling contractor duties in steel erection Unknown
A contractor asked how to meet a steel-erection mortar strength test requirement when no suitable ASTM method existed, and whether it could delegate its other duties. OSHA said it would defer…
Plasma-derived products are considered "blood" within the meaning of the Bloodborne Pathogens Standard.
A plasma-products company asked OSHA to exempt fully processed, market-ready plasma derivatives from the bloodborne pathogens standard. OSHA declined because the standard defines blood to include…
Occupational exposure limits, access restrictions, and posting requirements for airborne radioactive materials.
The Army Corps of Engineers asked how OSHA’s ionizing radiation standard applies to radon in buildings it controls. OSHA said the standard applies when employee exposure reaches its hazardous…
Corrected Tables A and B for 1926 Subpart R, the Steel Erection Standard.
A steel joist industry group identified errors in the steel erection standard’s erection-bridging tables. OSHA agreed that several spans and the meaning of “NM” were wrong and published corrected…
Annuity provider selection for defined contribution plans Unknown
A requester asked how EBSA’s annuity selection bulletin applies to defined contribution plans. EBSA said fiduciaries may consider participant costs and benefits, but a lower price cannot justify an…
Fiscal year 2003 unemployment insurance data validation requirements Withdrawn
ETA told state unemployment agencies to complete data validation for 19 benefit and tax populations by July 31, 2003, and send results by September 30. It specified report periods, pass criteria, a…
Electronic order transmissions don't defeat the outside-salesperson overtime exemption
An employer asked two sets of questions about state overtime exemptions: whether its outside salespersons' daily electronic transmission of orders and attendance at weekly sales meetings would…
Minimum disaster unemployment assistance amounts for January through March 2003 Withdrawn
ETA supplied state workforce agencies with a table of minimum weekly Disaster Unemployment Assistance amounts for major disasters declared January 1 through March 31, 2003. It asked agencies to use…
Limousine drivers are not exempt from overtime as "taxicab drivers"
A limousine company argued its pre-arranged, dispatched drivers should be exempt from California overtime rules under either the taxicab-driver exemption or the exemption for drivers whose hours are…
Payroll payment by cash-dispensing machine
A union attorney asked whether it was legal for an employer to pay "day laborers" through a leased cash-dispensing machine (CDM) that charged a $1 fee and paid out only in bills, rather than by a…
Hours worked: split shift
An attorney asked how long an unpaid break can last before it stops counting as a meal period and instead becomes a "split shift" requiring extra pay. DLSE explained that it has long treated any…
Commission payments: timing under Labor Code section 204
An employer of mortgage-loan sales staff, paid through biweekly draws plus monthly commissions whose rate depends on total monthly loan volume, asked whether this timing satisfies Labor Code section…
Meal periods: impact of SB 1208 on an existing collective bargaining agreement
An employer's counsel asked whether SB 1208's 2002 changes to Labor Code section 512 let unionized employers wait until their current collective bargaining agreement expires before adding a meal…
Wage requirements for camp counselors
An operator of educational overnight programs (including historic-ship stays and island camps) asked whether its counselors qualified for Labor Code section 1182.4's minimum-wage/overtime exemption…
Incentive compensation programs outside ERISA pension coverage Unknown
An employer asked whether two incentive compensation programs were ERISA pension plans. EBSA said neither program by its terms provided retirement income or systematically deferred payments to…
2002 cost of living increases in federal military retired pay Withdrawn
ETA gave state workforce agencies the military retired pay cost of living increases effective December 1, 2002. It told states whose laws reduce weekly unemployment benefits for pensions to review…
The 1,250-hour test during intermittent FMLA leave
WHD addressed employees who needed more intermittent leave than their medical certifications initially predicted. It said an employer may request recertification when circumstances change…
Participant life policy transferred to a plan for no payment Unknown
A profit-sharing plan asked whether a participant could transfer a life insurance policy into a rollover account under prohibited transaction exemption 92-5. EBSA said a policy with zero cash…
Draft notice about the 2002 TAA health insurance tax credit Rescinded
ETA alerted state workforce agencies to a draft notice for people who might qualify for the health insurance tax credit created by the 2002 trade law. The draft explained eligibility, qualifying…
Sharps injury logs are intended to track departments, devices, and/or procedures causing injuries, not injured employees.
A healthcare association asked whether employee names may appear on a sharps injury log. OSHA said a facility may keep names on its internal log, although the log is intended to track injury causes…
HAZWOPER training and respiratory protection for hospital decontamination
A state emergency management official asked what respirators and training hospital workers need to decontaminate patients after a large hazardous release. OSHA said its Level B rule for responders…
Applicability of the confined-space standard to dock-leveler pits.
A materials-handling company asked whether dock-leveler pits are confined spaces and whether entry permits are required. OSHA said a pit could be a confined space and could require a permit if it…
Typographical error in internet text of 1926.800(r)(13)(ii).
An engineer pointed out that OSHA’s online tunneling standard said “on percent” where the printed regulation said “one.” OSHA confirmed the online text contained a typo and said it would correct the…
Review of UI PERFORMS Withdrawn
ETA began a review of UI PERFORMS, the federal and state system for improving unemployment insurance operations, and asked states to identify issues with its measures, criteria, planning, and…
Notice to trade adjustment assistance recipients about the health insurance tax credit Withdrawn
ETA asked state workforce agencies to mail an attached notice about the health insurance tax credit to people potentially eligible through Trade Adjustment Assistance. It told agencies to use lists…
Transition to revised ETA 9002 and VETS 200 reports Rescinded
ETA clarified the 2002 transition to revised labor exchange and veterans' reports, including which first-quarter reports would contain services rather than outcomes. It told states to keep filing…
Alternative fall protection procedures for residential construction. Unknown
An OSHA regional administrator asked whether a height limit in an interim residential construction fall protection directive applied to all activities under the directive. OSHA said the 48-foot…
Insurance claims adjusters and the administrative exemption
An insurer asked whether salaried claims adjusters who investigated claims and negotiated settlements met the FLSA administrative exemption’s duties test. WHD said the described adjusters exercised…
Concrete sampling frequency before steel erection
A contractor asked how many concrete samples are needed before steel erection starts. OSHA said the standard sets no fixed count; samples must support a reasonably accurate strength assessment,…
Clarification on determining if an injury or illness is work-related and the recordability of the administration of oxygen.
An employer lawyer challenged answers given during OSHA recordkeeping training about a muscle injury at work and oxygen given by ambulance staff. OSHA said an injury is work related only when a…
Compliance requirements for relocatable power taps or "power strips"
A safety engineer asked for OSHA’s current interpretation of power strip use after an older 1993 letter was removed. OSHA said listed power strips must be used according to their listing and…
How states should complete Form ETA 581 tax operations reports Unknown
ETA identified common errors in states' quarterly Form ETA 581 unemployment tax operations reports. It explained which employer reports and overdue amounts belong in particular fields and said…
Revised WIASRD and WIA annual report submission procedures Rescinded
ETA updated state procedures for submitting Program Year 2001 Workforce Investment Act annual reports and standardized participant records. It directed states to enter report tables online, send…
Applicability of the steel erection standard to repair and installation of metal roofing and roofing accessories.
A safety adviser asked when steel erection rules govern metal roof deck repair, associated flashing, and fall protection. OSHA said removal and replacement of deteriorated metal decking are covered,…
Clarifications to WIA financial reporting instructions Rescinded
ETA clarified how states and local recipients were to report outlays, unpaid obligations and authorized funds on Workforce Investment Act financial reports. It addressed statewide activities, rapid…
OMB approval of State Alien Labor Certification Activity Report Rescinded
ETA notified state workforce agencies that OMB had extended approval of Form ETA 9037, used to report state alien labor certification work. It directed responsible staff to continue sending the form…
Paid sick leave at home and FLSA hours worked
A fire district asked whether employees on paid sick leave had to count that time as hours worked because they were required to stay home and remain reachable by telephone. WHD said the described…
Trade Adjustment Assistance petition forms in English and Spanish Rescinded
ETA gave state workforce agencies English and Spanish petition forms for workers seeking Trade Adjustment Assistance under the 2002 amendments. It directed states to make the new forms available…
2002–2003 H-2B landscaping job and wage classification Rescinded
ETA told state workforce agencies how to classify a narrowly described set of H-2B landscaping jobs for the 2002–2003 season and which wage series to use. It excluded jobs with other duties and…
Applicability of the steel erection standard to pre-cast concrete erection work; pre-planning of hoisting routes and procedures. Rescinded
A steel erector asked which OSHA standard applied to precast concrete erection and how to protect office workers below a heavy hoisted member. The 2002 answer addressed those questions, but OSHA…
Issuance of "unclassified" citations as a settlement tool. Unknown
A union challenged OSHA’s settlement of an ammonia-release inspection after a worker was killed and another seriously injured. OSHA defended its use of an “unclassified” citation as a settlement…
Field bolting and welding requirements for steel joist assembly
A steel erector asked whether welding could replace initial field bolting of long joists and when hoisting lines may be released. OSHA said joists in bays of 40 feet or more must be initially field…
Union trustees joining a New York governmental annuity fund Unknown
A union annuity fund covering New York City and related public employees asked whether five trustees employed by the union could join. EBSA found the existing fund governmental on the represented…
Revised 2002 agricultural services planning guidance Rescinded
ETA changed the 2002 agricultural services planning guidance for state workforce agencies, saying it extended the submission date and corrected figures in the attached affirmative action table. The…
Application of the bloodborne pathogens standard to veterinary clinics.
An OSHA regional administrator asked whether the bloodborne pathogens standard applies in veterinary clinics. OSHA said the standard generally addresses human blood and certain other infectious…
2002 health insurance tax credit reporting for trade adjustment recipients Withdrawn
ETA told state workforce agencies how to identify trade adjustment recipients who might qualify for the 2002 health insurance tax credit. It directed states to send a specified list to the IRS and…
Operating instructions for the Trade Act of 2002 amendments
ETA instructed state workforce agencies how to implement the Trade Act of 2002 changes to worker Trade Adjustment Assistance, including eligibility, training, income support and the transition away…
Emergency grant funds for health coverage systems for trade-affected workers Rescinded
ETA offered National Emergency Grant funds to help states build systems for health coverage assistance under the Trade Act of 2002. The letter identified eligible groups, qualified coverage, state…
Student grocery baggers and FLSA employment status
A school asked whether students could bag groceries at a supermarket for tips as an unpaid fundraiser. WHD said the students were employees because they performed work that benefited a commercial…
Questions and answers on labor exchange reporting Rescinded
ETA answered state workforce agencies' questions about the revised ETA 9002 and VETS 200 labor exchange reports. The attachment covers demographic data, registration and confidentiality, reporting…
Online ETA 9002 and VETS 200 labor exchange reporting Rescinded
ETA instructed state workforce agencies to submit quarterly ETA 9002 and VETS 200 labor exchange reports online through the Labor Exchange Reporting System. It set a 45-day deadline after each…
Program Year 2002 ACSI survey weights Rescinded
ETA gave states updated weights for calculating Program Year 2002 customer satisfaction scores for employers, participants and job seekers. States were to use the attached state-by-state weights in…
Electrical standard requirements concerning covers for electrical pull boxes, junction boxes, and fittings.
An electrical contractor asked whether elevated temporary lighting boxes and energized office receptacles without covers violated construction rules. OSHA said an elevated box could still expose…
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.