Guidance Search
The Department of Labor provides this guidance search tool as a single, searchable location where users may search for guidance issued by any of the Department’s agencies, including significant guidance documents under Executive Order 12866. Individual guidance documents are maintained on the various agency websites, and if you know what agency you are looking for, you may also find guidance by navigating directly to that agency’s website. The Code of Federal Regulations and the Federal Register, which are not maintained by the Department, also include some of the Department’s interpretations of law and similar material.
The Department and its agencies issue guidance to provide clarifying information and technical assistance to the public on existing statutory and regulatory rights and obligations, inform the regulated community about best practices, and provide other useful information. The contents of these documents do not have the force and effect of law and are not meant to bind the public in any way, except as authorized by law or incorporated into a contract, cooperative agreement, or grant.
Members of the public may petition the Department to modify or withdraw specific guidance documents. To petition for a significant guidance document to be created, modified, reconsidered, or rescinded, email the Department of Labor.
Petitions to Modify or Withdraw a DOL guidance document may also be submitted by mail at the address below. Petitions should identify the specific guidance document by name and include your reason(s) for requesting withdrawal or modification.
U.S. Department of Labor
Office of the Executive Secretariat
200 Constitution Ave NW
Washington, DC 20210
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PSM compliance for ammonia refrigeration systems. - [1910.38; 1910.119; 1910.119(d)(3)(i); 1910.119(d)(3)(ii); 1910.119(e)(3); 1910.119(j)(6)(i); 1910.119(j)(6)(ii); 1910.119(k)(2); 1910.119(l)(2)(i); 1910.119(l)(4); 1910.119(l)(5); 1910.119(m)(3); 1910.1
Construction of aboveground storage tanks and confined space; §§1926.21(b)(6) and 1910.146; General duty clause. - [1926.21; 1926.21(b)(6); 1926.21(b)(6)(i); 1926.21(b)(6)(ii); 1910.146; 1910.146(c)(5)]
Modification of powered platforms for building maintenance and applicability of IWCA 14.1-2001 and ASME A120.1-2001. - [1910.66; 1910.66(b)(1); 1910.66(b)(2); 1910.66(b)(2)(i); 1910.66(b)(2)(ii)]
The employer wished to pay its dairy workers straight time for overtime hours. Employees were found to be employed under the defintion of agriculture in Section 3(f) of the FLSA, therefore the OT exemption under Section 13(b)(12) was found to be applicable to them.
Such deductions would not affect the exempt status of salaried employees under Section 13(a)(1). Such deductions can be made without affecting the employee's exempt stuatus as long as the commission payments are bona fide and are not paid to facilitate otherwise prohibited deductions from the guaranteed salary.
Discusses whether an employee's duties qualify for the administrative exemption. The employee reviews bid proposals for an environmental consulting and remadiation company.
The employer's pay plan complies with the MW and OT requirements of the FLSA. The pay raise is also not a bonus because there is no payment to the employee of an additional specific sum upon meeting certain criteria, but rather is considered part of the regular hourly wages earned and are included in the employee's regular rate when earned.
Discusses whether employees' work satisfies the three part test to qualify for the administrative employee exemption.
This letter examines whether a police officer must be paid for all time spent transporting prisoners under the FLSA where a collective bargaining agreement addresses the issue.
Discusses whether the 13(a)(15) exemption applies to employees working in supported living homes for developmentally disabled individuals that are operated by private community agencies.
No Restricted Work Available - [1904.7; 1904.7(b)(4)]
Allen, Brian
Whether construction workers while inside crane cabs or enclosed break areas on barges are required to wear life jackets. - [1926.106; 1926.106(a)]
Wearing sandals in a medical office when feet do not contact blood or OPIM. - [1910.1030; 1910.1030(d)(3); 1910.1030(d)(3)(i)]
Whether it is permissible to leave tools in the holes of the top plate of a self-supporting ladder; whether employers are permitted to develop their own color-coding system at a construction site. - [1926.200; 1926.200(b)(2); 1926.200(c)(2); 1926.200(d);
Operations that trigger the requirement for employers to provide washing facilities on construction jobsites under 29 CFR 1926.51(f)(1). - [1926.51; 1926.51(f)(1); 1926.59 ; 1910.1200]
Whether a concrete form panel with horizontal ribs meets the requirements in Part 1926 Subpart X for fixed ladders. - [1926.1050; 1926.1050(b); 1926.1053; 1926.1053(a)(13)]
To transmit to the Office of Apprenticeship Training, Employer and Labor Services (OATELS) and the Bureau of Apprenticeship and Training (BAT) staff policy which encourages apprenticeship sponsors to accord former inmates lacking journey worker skills, wh
This letter discusses the use of tips to pay for the cleaning of uniforms or garments worn by restaurant servers.
This letter discusses the salary basis of pay under the 13(a)(1) exemption and whether it may be reduced for a part-time employee.
This letter examines the position of Executive Secretary in a municipality for applicability of the FLSA under Sections 3(e)(2)(C)(i) and (ii)(V)
This letter examines whether employees of a children's service organization may volunteer to chaperone cultural and sporting field trips or bingo games.
This letter examines whether police officers should be compensated for time spent in training on the use of a firearm that the officer carries voluntarily during off duty hours.
This letter examines whether dual-function firefighter/paramedics employed by a Fire Department qualify for the partial overtime exemption under FLSA Section 7(k).
Whether 1926.601 is applicable to personnel and burden carriers used in construction. - [1926.601; 1926.601(b)(5); 1926.601(b)(8)]
Discusses the Supreme Court's decision in IBP v. Alvarez, 126 Sc.D.. 514 (2005) (together with Barber Foods v. Tum). Employees who work in meat and poultry processing plants must be paid for the time they spend walking between the place where they put on and take off protective equipment and the place where they process the meat or poultry.
This guidance letter and its attachments replace and supersede prior operating procedures and policy guidance within the Employment and Training Administration (ETA) for H-2B certifications in the entertainment industry, including attachments I - IV of ET
Requirements for maintenance of employee exposure records and alternative methods for long-term retention. - [1910.1020; 1910.1020(c)(10); 1910.1020(d)(1)(ii)]
This letter provides guidance on SCA health and welfare payments and the maintenance of group health benefits during FMLA leave.
This letter discusses whether an employee exempted under Section 13(a)(1) may be paid in both US Dollars and foriegn currency and use the combined amount to meet the salary basis requirement.
This letter examines whether "residential" and "roaming" solicitors who solicit charitable donations are exempt outside salespersons under Section 13(a)(1) of the FLSA. Discusses the definition of "sale" in FLSA 3(k).
Whether plywood may be used as scaffold decking material over wood scaffold planks; 29 CFR 1926.450 and 1926.451. - [1926.450; 1926.450(b); 1926.451(a); 1926.451(a)(1); 1926.451(a)(6); 1926.451(b)(1)(i); 1926.451(f)(1); 1926.451(f)(16)]
Requirements for covered beverages at nurses' stations. - [1910.1030; 1910.1030(d)(2)(ix); 1910.141; 1910.141(g)(2)]
Whether the motor on a portable concrete mixer has to be covered; 1926.300(b)(1). - [1926.300; 1926.300(b)(1); 1926.300(b)(2)]
Whether toilets at a construction jobsite must be in a sanitary condition to meet the requirements of 29 CFR 1926.51(c). - [1926.51; 1926.51(c)(1)]
Determination of work-relatedness on a construction site. - [1904.5; 1904.5(b)(2)]
Recordkeeping requirements when an employer receives two or more differing medical recommendations for an injury/illness. - [1904.7; 1904.7(b)(5)(ii)]
Requirements for "nature breaks" and weather-related "comfort breaks" for US Postal Service employee. - [1910.141; 1910.141(c)(1)(ii)]
Use of the "Regulator Umbrella" for "in use" or "connected for use" conditions for portable compressed gas cylinders. - [1910.253; 1910.253(b)(5)(ii)(B); 1910.253(b)(5)(ii)(D); 1910.253(b)(5)(ii)(I); 1926.350; 1926.350(a)(10)]
Cale, Donna
Price, Brian
This letter examines whether an employer may make full-day deductions from the salary of an employee paid on a fluctuating workweek basis described in 29 CFR 778.114 in cases where the employee has already exhausted his or her sick leave balance or has not yet earned enough sick leave to cover the absence.
This letter examines whether an incentive pay plan satisfies the overtime requirements of the FLSA.
This letter examines whether certain bonus payments may be excluded from the calculation of the regular rate of pay for overtime purposes.
Storage of oxygen and acetylene cylinders for construction vs. general industry. - [1910.253; 1910.253(b)(2); 1910.253(b)(3); 1910.253(b)(4); 1926.350; 1926.350(a)(10)]
Do the requirements in §1926.756(c) apply to double connections made at a beam away from a column? - [1926.756; 1926.756(c)(1)]
Use of additional lock on a conveyor and baler system exceeds one lockout device. - [1910.147; 1910.147(c)(4)(i)]
Whether the operator's cab of excavators must be equipped with seatbelts; §1926.602(a) and §1926.602(b). - [1926.602; 1926.602(a); 1926.602(b)]
General industry and construction standards regarding "in use" or "ready to use" and "storage" of compressed gas and oxygen cylinders for welding; §1910.253(b)(2)-1910.253(b)(4) and §1926.350(a)(10). - [1910.253; 1910.253(b)(2); 1910.253(b)(3); 1910.253(b
Information Letter to Honorable George J. Chanos.
Whether an arrangement providing benefits to employees of the clients of a professional employer organization is a multiple employer welfare arrangement under ERISA section 3(40).
Machine guarding and compliance with 29 CFR 1910.219(m). - [1910.219(m)]
Use of flexible cords and cables for wiring in permanent or temporary installations. - [1910.305; 1910.305(a)(2)(iii)(G); 1910.305(g)(1)(iii)]
This letter examines whether a "blended rate" pay plan agreed upon by the employer and the union complies with the overtime provisions of the FLSA.
This letter examines whether police officers who work special details for a third party entity servicing a city-owned coliseum qualify for the FLSA exemption under Section 7(p)(1).
This letter examines whether firefighters employed by a City must count time that those firefighters volunteer for the County Fire Protection District as hours worked.
This letter examines whether payments to employees under a bonus plan may be excluded from the calculation of the regular rate of pay for overtime purposes under Section 7(e)(3)(a) of the FLSA.
Regarding the application of ERISA to trustees' amendment of a plan to permit a retroactive contribution to the plan fund on behalf of an owner of a corporation that contributes to the fund as an employer. Whether such owner who performed work for his own corporation that would otherwise be covered by a collective bargaining agreement if he were not a "supervisor" under federal labor law is an "employee," within the meaning of section 3(6) of ERISA, for purposes of participation under the plan.
Conditions rendering underground electrical power connections as unsafe to touch with bare hands. - [1910.269; 1910.269(l)(2); 1910.269(l)(3)]
Restrictions from restricted work activities. - [1904.7; 1904.7(b)(3); 1904.7(b)(4)(i)]
Safety factor when "worst-case" force is applied to safety rail support product intended for ladder jack scaffold systems; §1926.451(a)(1) - [1926.451; 1926.451(a)(1)]
Use of lower-limit device that stops lower hook travel with at least two wraps remaining on the drum. - [1910.179; 1910.179(h)(2)(iii)(a)]
Whether 29 CFR 1926.1053(a)(18) and 1926.1053(a)(19) apply to an attachable ladder used on scaffolding. - [1926.451; 1926.451(e)(2); 1926.1053; 1926.1053(a)(18); 1926.1053(a)(19)]
Whether the General Duty Clause of the Occupational Safety and Health Act requires impalement protection from protruding anchor bolts. - [OSH Act of 1970 - Section 5(a)(1)]
Ballas, Linda
Ballas, Linda
Determination of a case as days away or restricted work; case must be recorded in manner reflecting what actually occurs. - [1904.7; 1904.7(b)(3); 1904.7(b)(4)(i)]
Whether non-rebar projections on a construction site must be guarded; whether rebar caps/covers are subject to a minimum size requirement; whether vertical rebar in beam stirrups are subject to §1926.701(b) - [1926.701; 1926.701(b)]
Guidance on the duties and responsibilities under ERISA of independent distribution consultants, plan service providers, and fiduciaries with respect to the allocation and distribution of mutual fund settlement proceeds to plans and plan participants.
29 CFR 1926.31 and 1926.100; wearing caps or other apparel under a hard hat for cold weather protection. - [1926.31; 1926.100]
Guardrail height requirements for construction activities in General Industry Facilities. - [1926.502; 1926.502(b)(1)]
DOL issues the 5th addition of the SCA Directory of Occupations
Service Contract Act Directory of Occupations, 5th Edition - provides titles, occupational codes and job descriptions
SCA Directory 5th Edition, Occupational Index
SCA Directory 5th Edition, Table of Contents
This letter examines whether students in a university's externship program are considered employees under the FLSA.
This letter examines whether certain "sales force" mortgage loan officers qualify for the minimum wage and overtime exemption for outside sales employees set forth in section 13(a)(1) of the FLSA.
Clarification of "trade secret" and the employer's obligation to provide genetic coding information. - [1910.1020; 1910.1020(c)(5); 1910.1020(c)(6); 1910.1020(c)(13); 1910.1020(c)(14); 1910.10(e)(1)(iii); 1910.1020(e)(1)(iv); 1910.1020(f)(4); 1910.1020(f)
Construction requirements for personnel hoists; applicability of ANSI A10.4-2004. - [1926.552(c)(16)]
Worker exposure to impalement hazards while constructing upper rebar mats over rebar protrusions from lower levels. - [1926.701; 1926.701(b)(1)]
The use of rail extensions on ladders used in a general industry setting. - [1910.25; 1910.26]
Impalement from reinforcing steel protruding horizontally; §1926.701(b). - [1926.701(b)]
Training requirements for powder-actuated tools under §1926.302(e). - [1926.21(b)(2); 1926.32(f); 1926.302(e); 1926.302(e)(1)]
Whether the four-bolt requirement in 1926.755(a)(1) applies to a pre-existing column that will be left in place during a renovation/alteration project. - [1926.755; 1926.755(a)(1)]
Whether the notification required in §1926.752(a)(1) (attained concrete strength) must be given where steel will be erected on a long-existed concrete slab. - [1926.752; 1926.752(a); 1926.752(a)(1)]
This letter provides guidance on the required compensation to law enforcement canine handlers.
This letter examines the effect of certain minimum hours requirements on the application of the 13(a)(1) exemption to certain employees.
This letter examines whether an employer may deduct from the salaries of exempt employees or require them to reimburse the company for damage to or loss of company equipment without jeopardizing the employees' exempt status under section 13(a)(1).
This letter provides guidance on employee stock purchase plan and regular rate.
This letter provides guidance on the application of section 7(i) of the FLSA.
Requirement for flame-resistant clothing in petrochemical plant covered by PSM. - [1910.132; 1910.132(a); 1910.119; 1910.119(f)(1)(iii)(B); 1910.119(h)(2); 1910.119(h)(3); 1910.119(j)(2)]
This letter provides guidance on voluntary activities counting as working time.
Information Letter to Honorable Mike Kreidler.
Whether a professional employer organization (PEO) and its client companies would be deemed a single employer for purposes of ERISA section 3(40) by reason of the PEO obtaining options to purchase an 80% interest in each client company.
Provides guidance on terms and safety standards for the vehicle safety obligations found in the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).
PTE 92-6 covers the sale, by an employee benefit plan, of a second to die life-insurance policy to two participants who are husband and wife and who are the insured under the policy. The letter also clarifies that the conditions of PTE 92-6 remain the same despite the amendments to the Internal Revenue Code regarding the tax treatment of certain life-insurance policies distributed from employee benefit plans.
Access to toilet facilities in a call center. - [1910.141; 1910.141(c)(1)(i)]
Fall protection and aerial lifts in the Electric Power Generation, Transmission, and Distribution industries. - [1910.28; 1910.28(a)(12); 1910.28(d)(7); 1910.28(d)(12); 1910.29; 1910.29(a)(3); 1910.67; 1910.269; 1910.269(a)(2)]
Policy on powered industrial truck operators using prescribed drugs. - [1910.178]
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