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

State self-employment assistance programs under the NAFTA Implementation Act Unknown

ETA explained how states could create optional self-employment assistance programs under the NAFTA Implementation Act. It described who could receive an allowance in place of regular unemployment…

UIPL No. 14-94 Guidance February 16, 1994
CA

Employer must pay for metal-free clothing required to pass a workplace metal detector

An attorney asked whether an employer could require employees to pass through a metal detector at the end of the workday, sending home without pay anyone wearing metal in clothing, zippers, bras, or…

1994.02.16-1 Opinion Letter February 16, 1994
CA

On-call time, travel time, and vehicle expenses for beeper-dispatched service technicians

An attorney asked whether on-call vending-machine repair technicians who carry a beeper and drive their own cars between calls are owed pay for on-call waiting time, travel time to and between…

1994.02.16 Opinion Letter February 16, 1994
US

Testing ground-fault circuit interrupters at construction sites Unknown

OSHA instructed regional offices on testing construction-site ground-fault circuit interrupters. It said external testers could give inaccurate results and directed inspectors to use the built-in…

1994-02-16 Guidance February 16, 1994
US

Recording tuberculosis cases on the OSHA 200 Log Unknown

OSHA instructed regional recordkeeping staff when tuberculosis infections and disease were presumed work related in certain workplaces and when that presumption could be rebutted. The memo also said…

1994-02-15-0 Guidance February 15, 1994
US

District of Columbia Bar deferred compensation as governmental plan Unknown

The D.C. Bar asked whether its deferred compensation plan qualified for ERISA’s governmental-plan exclusion. EBSA said the integrated bar was an instrumentality of the District because it was…

Advisory Opinion 1994-02A Opinion Letter February 14, 1994
US

Recording hearing loss after a prior threshold shift Unknown

An employer asked when an additional hearing-loss case should be entered on the OSHA 200 Log. OSHA said a recordable 25 dB shift established a new reference audiogram, and another entry was due only…

1994-02-14 Opinion Letter February 14, 1994
US

Restricted work and aggravated conditions on injury logs Unknown

An employer asked how to classify several restricted-work and aggravated-condition scenarios on its OSHA log. OSHA said duties expected at any point in the year counted as normal duties, and a work…

1994-02-11-0 Opinion Letter February 11, 1994
US

Logging restricted work when medical opinions differ Unknown

A lawyer asked how to log a case when an employee and the employer's physician disagreed about the worker's ability to perform restricted duties. OSHA said days could be counted as restricted work…

1994-02-11 Opinion Letter February 11, 1994
US

Classifying injuries and illnesses on OSHA recordkeeping forms Unknown

A refinery safety manager asked detailed questions about classifying illnesses, medical treatment, prescriptions, and restricted work on OSHA's then-current log. OSHA gave examples for hearing loss,…

1994-02-10-1 Opinion Letter February 10, 1994
US

Washing facilities at permanent construction workplaces

An OSHA regional office asked how construction washing-facility requirements applied. OSHA said paragraphs 1926.51(f)(2) through (f)(4) applied only to permanent workplaces, because a limiting scope…

1994-02-10-0 Guidance February 10, 1994
US

Synthetic fiber sling strength in construction

An engineer asked how OSHA's construction rigging rules applied to Spectra fiber slings, which the standards did not specifically address. OSHA said slings used according to the maker's instructions…

1994-02-10 Opinion Letter February 10, 1994
US

First-aid response times and nearby medical help Unknown

A safety engineer asked what 'in near proximity' meant for medical personnel under OSHA's first-aid rule. OSHA said a three-to-four-minute response was required where severe injury could be…

1994-02-09-8 Opinion Letter February 9, 1994
US

First-aid response time under the near-proximity rule Unknown

A safety engineer asked what 'in near proximity' meant for first-aid availability. OSHA said expected life-threatening or permanently disabling injuries called for first aid within 3 to 4 minutes,…

1994-02-09-1 Opinion Letter February 9, 1994
US

Lockout rules for maintenance aboard fishing vessels Unknown

A lawyer asked whether OSHA's general-industry lockout rule covered maintenance on commercial fishing vessels. OSHA said that rule excluded maritime employment and that its shipyard rules covered…

1994-02-09-0 Opinion Letter February 9, 1994
US

Target-organ hazard warnings on chemical labels

A chemical-industry association asked OSHA to review draft ANSI labeling language. OSHA said its hazard communication rule required labels to convey specific hazards, including target-organ effects,…

1994-02-09 Opinion Letter February 9, 1994
US

Insulating barriers near overhead power lines Unknown

An insurer asked which insulating barriers could protect workers when cranes operated near energized lines. OSHA said rubber line covers may help with light brush contact but were inadequate where…

1994-02-08 Opinion Letter February 8, 1994
US

Recurring dialysis and intermittent FMLA leave

WHD considered a worker needing fixed dialysis appointments twice a week, with no available alternative job. It said medically necessary intermittent FMLA leave could continue while the employee…

FMLA-29 Opinion Letter February 7, 1994
CA

Commissioned-salesperson overtime exemption and bona fide draws/guarantees against commission

A law firm asked DLSE to evaluate several sample commission pay plans for auto-dealership service advisors against the IWC Orders 4 and 9 overtime exemption for commissioned employees, including…

1994.02.07 Opinion Letter February 7, 1994
US

Roof Creeper scaffold apparatus and de minimis use Unknown

An inventor asked whether a roof platform could be used without the nails or ropes specified for roof bracket scaffolds. Based on the submitted patent, tests, and pictures, OSHA said proper…

1994-02-07 Opinion Letter February 7, 1994
CA

24-hour ambulance shift overtime exemption: scheduled sleep periods, split shifts, and no waiver by agreement

A law firm representing an ambulance company asked six questions about IWC Order 9-90's provision letting ambulance drivers and attendants work a full 24-hour shift with every hour treated as…

1994.02.03-4 Opinion Letter February 3, 1994
CA

Changing into protective gear may count as hours worked if required by the employer's business and more than de minimis

A meat-packing employer asked whether time its employees spend putting on USDA- and Cal/OSHA-required lab coats, head coverings, gloves, and ear plugs (plus optional comfort items like aprons and…

1994.02.03-3 Opinion Letter February 3, 1994
CA

Personal attendant exemption: 'regularly' giving medication is a fact question, not a bright-line rule

A law firm asked DLSE to clarify or modify Interpretive Bulletin 86-1, which excludes from the Wage Order 15 personal attendant exemption any worker who "regularly" gives medication or takes…

1994.02.03-2 Opinion Letter February 3, 1994
CA

Electronic PayTM card deposits can satisfy California wage-payment law, with a caveat on out-of-state bank records

Counsel for a payment-services firm asked whether Citibank's voluntary PayTM electronic debit-card program — used to pay employees who lack bank accounts, with pay deposited to a card accessible at…

1994.02.03-1 Opinion Letter February 3, 1994
US

Safety responsibilities for temporary workers

A staffing firm asked how OSHA's hazard communication duties applied when its employees worked at client sites. OSHA said the staffing firm and client shared responsibility: the firm provided…

1994-02-03 Opinion Letter February 3, 1994
US

Birmingham housing authority pension as governmental plan Unknown

A Birmingham housing authority asked whether its money purchase pension plan was governmental. EBSA said the authority was a public instrumentality under Alabama law, city appointment of…

Advisory Opinion 1994-01A Opinion Letter February 2, 1994
US

Rules for rolling rooftop suspension scaffolds Unknown

An equipment maker asked which scaffold rules applied to rolling rooftop rigs that were not specifically named in OSHA's standards. OSHA explained why certain suspension-scaffold provisions did not…

1994-02-02-3 Opinion Letter February 2, 1994
US

Small gasoline containers on construction sites Unknown

A construction safety council asked about containers holding one gallon or less of gasoline. OSHA said metal or plastic containers listed or approved by the then-recognized testing laboratories…

1994-02-02-2 Opinion Letter February 2, 1994
US

Plain-language chemical hazard labels and safety sheets

A chemical manufacturer asked whether container-label warnings had to repeat material safety data sheet wording exactly and whether technical medical terms could be simplified. OSHA said labels…

1994-02-02-0 Opinion Letter February 2, 1994
US

Carcinogen determinations for cobalt compounds

A manufacturer asked whether an IARC review of cobalt compounds established a carcinogen label for its cobalt phthalocyanine sulfonate products. OSHA said the group summary might require checking…

1994-02-02 Opinion Letter February 2, 1994
US

Temporary U-bar guards for shipyard deck openings Unknown

An OSHA regional office asked the agency to rescind its acceptance of U-bar guards around temporary deck openings during ship repair and building. OSHA declined and explained why it considered the…

1994-02-01-0 Guidance February 1, 1994
US

Access to material safety data sheets across worksites

A safety consultant asked whether one material safety data sheet repository could serve multiple buildings and whether one vendor's sheet or a CD-ROM could stand in for product-specific sheets. OSHA…

1994-02-01 Opinion Letter February 1, 1994
US

FMLA coverage of Louisiana legislative auditor staff

WHD considered employees of Louisiana's Legislative Auditor who worked in the state legislative branch and were outside civil service. Based on those stated facts, it said they fell outside the…

FMLA-28 Opinion Letter January 31, 1994
US

Substance-abuse return-to-work agreements and FMLA

WHD considered return-to-work drug-testing agreements following substance-abuse treatment. It said the FMLA did not alter employers' rights to maintain policies required by state workers'…

FMLA-27 Opinion Letter January 31, 1994
US

Correction on chemical mixtures under process safety rules Unknown

OSHA corrected its earlier answer to a chemical company about process safety management coverage for certain mixtures. It said toxic or reactive mixtures that were neither explosive nor flammable…

1994-01-31-3 Opinion Letter January 31, 1994
US

Recording bloodborne-pathogen exposure incidents Unknown

A lawyer asked whether a blood exposure involving someone outside the occupations covered by the bloodborne-pathogens rule could still be recordable. OSHA said injury-log requirements had a broader…

1994-01-31-2 Opinion Letter January 31, 1994
US

Working distances from energized conductors

An electrical contractors' group asked whether a universal two-foot rule governed work near energized conductors and whether distance was measured from a worker's reach. OSHA said required…

1994-01-31-1 Opinion Letter January 31, 1994
US

Medical surveillance for hazardous-materials response teams

A consultant asked whether technicians responding to uncontrolled hazardous releases were HAZMAT team members even if the plan did not name them that way. OSHA said regular offensive response duties…

1994-01-31-0 Opinion Letter January 31, 1994
US

Approval and grounding of electric construction tools

A tool company asked whether all electric construction tools needed testing approval and whether a listed double-insulated tool could use a two-prong plug. OSHA said electric tools had to be…

1994-01-28-0 Opinion Letter January 28, 1994
US

Aqueous hydrofluoric acid under process safety rules

A company asked whether aqueous hydrogen fluoride solutions fell under OSHA's process safety management rule. OSHA said hydrogen fluoride and anhydrous hydrofluoric acid were the same listed…

1994-01-28 Opinion Letter January 28, 1994
CA

Employer may not deduct the cost of reissuing a lost or stolen payroll check from wages

A law firm asked whether an employer may charge an employee for the cost of replacing a lost or stolen payroll check, arguing a lost check differs from the cash-loss scenarios addressed in prior…

1994.01.27 Opinion Letter January 27, 1994
US

Barge-mounted crane securement and de minimis policy Unknown

A contractor requested a variance from the rule requiring cranes on barges to be positively secured. OSHA said a variance would not be needed for the described drill rig if it was used as proposed…

1994-01-27-2 Opinion Letter January 27, 1994
US

Demolition rules for interior rehabilitation work

A safety company asked whether interior gut rehabilitation without removing exterior or load-bearing structures counted as demolition. OSHA said the demolition rules applied to partial dismantling,…

1994-01-27-0 Opinion Letter January 27, 1994
US

Confined-space enforcement at construction sites Unknown

A shoring company asked whether OSHA's general-industry permit-space rule would be used at construction sites. OSHA said it would use applicable construction standards and, where appropriate, the…

1994-01-27 Opinion Letter January 27, 1994
US

Religious objections to hard hats under OSHA policy

An organization asked about exemptions from wearing hard hats for religious reasons. OSHA recounted the history of its earlier policy, including a 1991 memorandum broadening it beyond two named…

1994-01-26-0 Opinion Letter January 26, 1994
US

Disaster unemployment benefit amounts for January–March 1994 Unknown

ETA told state unemployment agencies to use the attached average weekly benefit amounts when calculating disaster unemployment assistance for disasters occurring January through March 1994. Each…

UIPL No. 12-94 Guidance January 20, 1994
US

Fall-through protection from a tested skylight Unknown

A skylight manufacturer asked whether its tested skylights could satisfy OSHA's opening-guarding rules without a separate rail or cage. OSHA said the submitted test data suggested a properly…

1994-01-19-0 Opinion Letter January 19, 1994
US

Passenger seat belts on employee transport buses

A construction employer asked whether buses used to move workers within a plant needed seat belts at every passenger seat. OSHA said its cited motor-vehicle rule did not require passenger belts on…

1994-01-19 Opinion Letter January 19, 1994
US

Military pay schedule for unemployment claims by ex-servicemembers Superseded

ETA directed state unemployment agencies to use the attached military pay schedule to determine federal wages for UCX first claims beginning with the first week after April 2, 1994. Earlier first…

UIPL No. 11-94 Guidance January 18, 1994
US

Retroactive disability pension and FMLA health premiums

WHD considered a city employee granted FMLA leave while a disability-pension request was pending. It said a later pension award with a retroactive payment date did not erase the employee's FMLA…

FMLA-26 Opinion Letter January 14, 1994
US

OSHA coverage of public employees and poster duties

A correspondent asked who federal OSHA covered and which workplace poster employers had to display. OSHA explained that federal OSHA lacked direct jurisdiction over state and local employees, while…

1994-01-14-0 Opinion Letter January 14, 1994
US

Compressed air used to clean workers or clothing

An employer asked whether workers could use compressed air to clean their bodies and clothes. OSHA advised against it in general industry and explained that air used for cleaning had to be below 30…

1994-01-14 Opinion Letter January 14, 1994
US

Bloodborne-exposure cases on the OSHA 200 Log Unknown

OSHA told regional recordkeeping staff that bloodborne-exposure log duties reached some workers outside the occupations covered by its bloodborne-pathogens rule. It also addressed names on the old…

1994-01-13-0 Guidance January 13, 1994
US

Long-term disability benefits after FMLA leave

An employer asked whether a long-term disability plan could restart a preexisting-condition waiting period after an employee returned from FMLA leave. WHD said the worker must regain benefits…

FMLA-25 Opinion Letter January 10, 1994
US

Recording first-, second-, and third-degree burns Unknown

An employer asked when burns had to be entered on the OSHA 200 Log. OSHA said any work-related third-degree burn and second-degree burns larger than a pinhead counted as nonminor; smaller burns…

1994-01-10-1 Opinion Letter January 10, 1994
CA

How to calculate overtime premium on mandatory banquet service charges paid as a bonus

A law firm asked DLSE to explain how to calculate overtime premium pay on the share of mandatory banquet service charges a restaurant distributes to workers on top of their regular hourly or…

1994.01.07 Opinion Letter January 7, 1994
US

Sick-leave accrual during unpaid FMLA leave

WHD addressed whether an employee continued earning sick leave during unpaid FMLA leave. It said FMLA protects benefits earned before leave but does not itself require additional sick-leave accrual…

FMLA-24 Opinion Letter January 6, 1994
CA

Executive exemption's 'customarily and regularly' supervision requirement is a fact question, not a fixed percentage

Two attorneys, on opposite sides of the same pending matter, separately asked DLSE to define "customarily and regularly," the standard used to decide whether an employee supervises enough workers to…

1994.01.06 Opinion Letter January 6, 1994
US

Restricted-work entries for broad job classifications Unknown

An OSHA area director asked how a broad company job classification affected restricted-work entries. OSHA said all duties an employee normally performed or could be expected to perform during the…

1994-01-06 Opinion Letter January 6, 1994
US

Calibration gas bottles and the article exemption

A gas-monitor company asked whether its small pure-gas calibration bottles were exempt as articles under OSHA's hazard communication rule. OSHA said releases from the bottles could expose workers…

1994-01-03-0 Opinion Letter January 3, 1994

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