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 To petition for a significant guidance document to be created, modified, reconsidered, or rescinded, email the Department of Labor.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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Police department employees paid straight time rate for time spent while sick or injured was not hours worked and overtime premium pay was not due.
Application of FLSA section 7(k) to firefighters, overtime payment, and exclusions of premiums paid under FLSA sections 7(e)(5) and 7(h).
Whether a certain understanding contained in a Letter Agreement between the Chrysler Corporation and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, with respect to Chrysler's Pension Fund does not violate the fiduciary responsibility provisions of ERISA. The Letter Agreement is substantially similar to one entered into in 1979 by Chrysler and the UAW.
Set weekly dollar amount plus mileage reimbursement for cost of using their car on employer business is excluded from employee regular rate under FLSA section 7(e)(2).
Whether Section 5 of Puerto Rico Act No. 17 of April 17, 1931 is preempted under the preemption provisions of section 514 of title I of ERISA insofar as Section 5 limits or prohibits payroll deductions for the purpose of funding the Employees’ Profit Sharing Plan of The First Boston Corporation, for the benefit of their employees performing services in the Commonwealth of Puerto Rico.
Request for permanent variance from section 1926.102(a)(2) denied. - [1926.102(a)(2)]
MSDS distribution responsibilities for chemical manufacturers and importers, distributors and retail distributors. - [1910.1200(g)(6)]
Whether the Shelby County Hospital Board Defined Benefit Pension Plan of the Shelby Medical Center is a governmental plan within the meaning of section 3(32) of title I of ERISA and thus excepted from ERISA title I requirements pursuant to section 4(b)(1) of ERISA.
Hazard determination criteria for corrosive liquids. - [1910.1200(d)]
Applicability of the Hazard Communication Standard to stevedores in the containerized shipping industry. - [1910.1200]
Interpretation of 1910.142(f)(3), Adequate Supply of Hot Water in Temporary Labor Camps - [1910.142(f)(3)]
Lift trucks or other machines found in the workplace are not containers for labeling requirements of the HCS. - [1910.1200(f)]
Above ground gas transmission and distribution piping systems. - [1910.101]
Fire fighter madatory training outside of works hour is compessable under 29 CFR 785.28.
Hazard determination and MSDS requirements under the Hazard Communication Standard (HCS). - [1910.1200(d); 1910.1200(g)]
Interpretation of "special truck" as identified in 1910.252(a)(2) (v)(b)(4). - [1910.253(b)(5)(ii)(D)]
Grain Handling Standard, analytical requirements for percentage of fugitive dust and % combustible dust. - [1910.272]
The OSHA analytical reference method for asbestos requires 10% blanks with a minimum of 2 blanks for any set. - [1910.1001; 1926.58]
Gentex Shade 2.0 protective eyewear is in compliance with 1910.133(b)(2). - [1910.133(b)(2)]
Annual inspections by Flynn Burner Corporation personnel. - [1910.263]
Whether a proposed merger of the Xerox Corporation’s Long-Term Disability Income Plan and Medical Care Plan would violate sections 403(c)(1), 404(a), 406(a)(1)(D), and 406(b)(2) of the Employee Retirement Income Security Act of 1974 ("ERISA").
Crystalline silica considered a carcinogen under the HCS. - [1910.1200]
Computing and overtime premium when a cost of living adjustment is paid
Service charge for percent of services redered given to employee may qualify as a commission under FLSA section 7(i).
Time spent by firefighters on standby or oncall carrying a paging device, among other conditions, was not hours worked or compensable.
Whether a plan trustee of the A.F. of L. - A.G.C. Building Trades Pension and Welfare Plans, who is a full-time employee of an employer that no longer makes contributions to the Plans on behalf of its employees, may receive compensation from the Plans for services performed as trustee.
Whether the money purchase plan of the Lee County Public Schools is a governmental plan within the meaning of section 3(32) of title I of ERISA and is therefore excluded from coverage under that title by section 4(b)(1) of ERISA.
Interpretation concerning 1910.120 requirements for air monitoring, a site safety and health plan, training, and medical surveillance. - [1910.120; 1910.120(h); 1910.120(b)(1)(v); 1910.120(c)(7); 1910.120(b)(1)(iv); 1910.120(e)(1); 1910.120(e)(3); 1910.10
Exemption of hazardous waste samples sent to a laboratory for analysis from the Hazard Communication Standard. - [1910.1200]
Whether a bank in the SunTrust system would not violate section 406(b) of ERISA by investing the assets of employee benefit plans for which SunTrust Banks, Inc. is a fiduciary in a common trust fund maintained by such bank or any other bank in the SunTrust system.
OSHA's final standard for occupational exposure to benzene. - [1910.1028]
Whether the Dependent Care Assistance Plan of Tropical Plant Rentals, Inc. constitutes an employee welfare benefit plan within the meaning of section 3(1) of ERISA.
Parole agent not exempt from minimum wage and ovetimes as administrative employeess (29 CFR 541.2) under FLSA section 13(a)(1). Employer may use partial ovetime exemption under FLSA section 7(k).
Load Testing of Synthetic Web and Other Slings - [1910.184]
Enforcement of the Hazard Communication Standard - [1910.1200]
Volunteer fighters paid $7.00 per hour are employees per FLSA section 3(e)(4)(a)(i). The amount is not nominal. When two rates are paid, the regular rateis determined using the weighted average method. 29 CFR 778.15
Clarification on the use of respirators while unloading ethylene oxide (EtO) sterilization chambers. - [1910.1047]
Auditers where not exempt as administrators or professsionals under FLSA section 13(a)(1); 29 CFR 541.2 snd 541.3. Audtiors duties required skill and experience,they were engaged in production work and the knowledge requied was obtained through general academic instruction.
Agreement with city fire fighers to exclude sleep time did not meet the criteria for the sleep time exclusion from hours worked.
Sets forth enforcement policy defining employees residing on the premises of the employer (residential care facility/group home) and deduction of sleep time from hours worked.
Copies of MSDSs and the written hazard communication program must be provided to an employee representative. - [1910.1200]
Safe distance as it applies to fire protection for battery charging areas. - [1910.178]
National Electrical Manufacturers Association (NEMA) Warning Alert Regarding Imported Circuit Breaker Panels - [1910.303]
Overwarning on Hazard Labels - [1910.1200(f)]
As a general rule prisoners are not employees under the FLSA. Referal to OSHA.
Firefighters paid under section 7(k) who are confined to a duty station and who work tours of duty of more than 24 hours may not have bona fide meal times excluded from their hours of work unless the employer and the employee agree to exclude such meal periods.
Winnebagoes - a self-contained motorized vehicle- is covered by the terms automobile or truck. Accordingly, the 13(b)(10)(A) exemption may be claimed for a Winnebago salesperson.
Deductions from tips earned by the employee are not permitted. Deductions would be allowed for an amount equal to or less than the difference between the hourly rate paid and the FLSA section 6(a) minimum wage.
HCS training for employees contracted to jobs working under the supervision of another employer. - [1910.1200(h)]
Maintenance of and access to employee medical records. - [1910.1001(l)(7)(ii); 1910.1025(j)(3)(v)(B)(1); 1910.1020]
Letter to Lawrence N. Curcio from Thomas Shepich concerning requirements of the HCS on labeling of IARC category 2B carcinogens. - [1910.1200]
Clarification of Material Safety Data Sheet Requirements Under the Hazard Communication Standard. - [1910.1200]
Hazardous Occupation Order No. 7 does not apply to employment requiring the use of "grease racks" and therefore there is no prohibition against 16 and 17 year olds using hydraulic grease racks.
FLSA section 13(b)(10)(A) overtime exemption does not apply to warranty service salespersons as they are not engaged in the sale of automobiles.
"Pool allowances" that at the employee's option may cover certin employee benefits are not excludable from the regular rate under FLSA section 7(e)(4) becasue the "specific plan" requirement is not met.
Mechanics employed by automobile repair establishments compensated by a job rate for services performed, or "flag time," are paid a commission. Total earnings at the flag rate are equal to or greater than time and 1/2 the minimum wage. Such employees qualify for the FLSA section 7(i) overtime exemption.
Applicability of the Benzene Standard and respirator requirements for bulk gasoline storage facilities. - [1910.1028]
Whether the minimum wage and overtime pay exemption contained in section 13(a)(1) of the Fair Labor Standards Act (FLSA) is applicable to certain employees of Sheriffs Department and County Police Department.
The principles stated in 29 CFR 779.109 used to compute an employee's regular rate apply to computing an employee's regular rate paid pursuant to FLSA section 7(k) except that the established work period may be used instead of a work week.
Use of Oxygen for Decompression Underground Tunnel Workers. - [1926.803]
Application of 29 CFR 1910.106 and/or NFPA 30-1987 to Flammable Liquid Storage and Dispensing Operations of Polyester Resin. - [1910.106]
Clothes changing time by law enforcement officials that has been excluded form hours worked by a collective bargining agreement or by custom or practice under the contract is not compensable under the FLSA.
Generally 30 minutes is a bona fide meal period under the FLSA. See 29 CFR 785.19
"Home teachers" who as foster parents teach their charge at their home where the child resides with them. The hours worked principles in 29 CFR 785.23 apply.
Compensatory time earned under section 7(o) of the FLSA cannnot be used to pay a police department employee who works during thier undpaid suspension.
OSHA training requirements for volunteer fire company personnel. - [1910.156]
Protective eyewear in clear, dark green, gray and amber tints, is in compliance with 1910.133(b)(2). - [1910.133(b)(2)]
Interstate government agency defined and FLSA section 3(x).
Protective eyewear bearing the Gentex Omnibird logo is in compliance with 1910.133(b)(2). - [1910.133(b)(2)]
Conditions that must be met for a proposed "12 shift plan" to be compliant with FLSA section 7 overtime payment.
Material safety data sheets for liquid plant food. - [1910.1200(g)]
FLSA section 7(p)(2) does not apply to county school bus driver who drove bus for county for different purposes. All bus driving is work in the same capacity and section 7(p)(2) does not apply.
Whether the application of the prohibited transaction provisions of section 4975 of the Internal Revenue Code of 1986 applies to the purchases of stock of the parent of the Bank of Prattville by various self-directed individual retirement accounts (IRAs) sponsored by the Bank.
Temporary Labor Camp Standard regarding range production of livestock. - [1910.142]
Definition of "distributor" and "retail distributor" as used in paragraph 29 CFR 1910.1200(g)(7). - [1910.1200(g)(7)]
The rated capacity of alloy steel chain slings. - [1910.184]
The employer must provide the 1910.1200 verbal training in a language that is comprehensible. - [1910.1200(h)]
National Recognized Testing Laboratory Standard. - [1910.7]
Whether an employee stock ownership plan (ESOP) that allows its fiduciaries to borrow funds from parties in interest or others to finance the purchase of employer securities, which are allocated to a loan suspense account that releases securities and allocates them to participants’ ESOP accounts on an annual or a monthly basis as the loan is repaid complies with the requirements of the application of Department of Labor regulation 29 CFR 2550.408b-3(h).
Lump sum "OT premium" paid to Wisconsin Conservation Wardens do not qualify as overtime premiums.
Response to Freedom of Information Act request for standards and guidelines related to working around aircraft. - [1910.95; 1910.1000]
Whether the Kanawha Valley Regional Transportation Authority Sick Fund constitutes an "employee welfare benefit plan" within the meaning of ERISA section 3(1) and, if so, whether the Kanawha Valley Regional Transportation Authority would be considered a plan sponsor, administrator, or a fiduciary with respect to the Valley Regional Transportation Authority Sick Fund.
Whether the Carolinas Section of the Professional Golfers' Association of America (CSPGA) retirement plan would constitute an "employee benefit pension plan" within the meaning of section 3(2) of ERISA.
Application of PEL for benzene to extended workshifts - [1910.1028]
Encon Tuff-Spec safety spectacle meets the intent of 1910.133. - [1910.133]
Whether the Christian Schools and Church Association Welfare Benefit constitutes an “employee welfare benefit plan” within the meaning of section 3(1) of title I of ERISA, and whether the Association Plan constitutes a “multiple employer welfare arrangement”, within the meaning of ERISA section 3(40).
Whether the Employee Assistance Program of El Paso Natural Gas Company and its subsidiary El Paso Hydrocarbons Company is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA as it provides benefits for the treatment of drug and alcohol abuse, stress, depression and similar health and medical problems to its participants.
Hours spent by county employees participating in hearings in response to subpoeanas is not compensable under the FLSA for the three scenarios presented.
The Scott "formaldehyde" chin-style canister respirators are acceptable. - [1910.1048]
Whether the [ ] Corporation Master Retirement Trust A and the [ ] Corporation Master Retirement Trust B (collectively, the Master Trusts) of [ ] Corporation, which provides investment-related services to the Master Trusts and the payment by the Master Trusts of the direct expenses of [ ] allocable to performing such services and which expenses include the reasonable compensation of employees of [ ], do not constitute prohibited transactions under section 406 of the Employee Retirement Income Security Act of 1974 (ERISA) and section 4975 of the Internal Revenue Code of 1986.
Information on the health hazard of ozone produced by common office copiers and on radon gas testing devices. - [1910.1000]
Lead standard: multiple physician review and medical removal. - [1910.1025(j)(3)(iii); 1910.1025(k)(1)(ii); 1910.1025(k)(2)]
Posting of the Occupational Noise Exposure Standard. - [1910.95(l)(1)]
Whether the transactions of certain “sweep services” provided by Manufacturers and Traders Trust Company to employee benefit plans, for which the Manufacturers and Traders Trust Company acts as custodian or directed trustee, would qualify for the statutory exemptions provided by sections 408(b)(2) and/or 408(b)(6) of ERISA.
Law clerks are not employees when participating in law clerk extern program if stated tests are met.
Employee contributions to "cafeteria" style benefit plans and wage payment under FLSA section 3(m).
Application of FLSA section 13(a)(1) to engineering technicians.
Application of FLSA section 13(b)(1) to truck drivers opertating intrastate but transporting goods that may be moving interstate.
Standards applicable to Epon 826, 827, and Epon Curing Agent Z. - [1910.1000 TABLE Z-1; 1910.1000 TABLE Z-2; 1910.1000 TABLE Z-3]
Whether the Rosenberg Bank and Trust Group Life and Health Insurance Plan, providing medical benefits for the Rosenberg Bank and Trust employees and employees of certain of its subsidiaries under an insurance policy issued and underwritten by the Travelers Insurance Company constitutes an "employee welfare benefit plan", as defined in ERISA section 3(1), for purposes of title I of ERISA.
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