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 To petition for a significant guidance document to be created, modified, reconsidered, or rescinded, email the Department of Labor.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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The section 7(j) partial overtim exemption for hosptials etc. does not apply to temporary help firms as they are not engaged in the opeartion of a hospital etc.
Requirement for pump jack scaffolds. - [1926.452(j)(7)]
Whether the California Pharmaceutical Association Insurance Trust is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA and whether the aforementioned Trust is a multiple employer welfare arrangement within the meaning of section 3(40) of title I of ERISA.
Application of FLSA section 3(e)(2)(C) to a member of the county Sheriffs persnoal staff.
Clarification of requirements for 40 hours of training.; Site specific training is required for employees who receive general training. - [1910.1200; 1910.120(e)(2)]
Whether the minutes of trustees’ meetings relating to the trustees’ review of an investment manager’s performance is required to be disclosed pursuant to section 104(b)(4) of ERISA.
City employed firefighters, tour of duty, and agreements to exclude sleep time.
Whether a voluntary deferred compensation plan for employees of El Centro Community Hospital d/b/a El Centro Regional Medical Center is a governmental plan within the meaning of section 3(32) of title I of ERISA and, thus, is excluded from coverage under title I of ERISA by section 4(b)(1).
Whether the Employees' 401(k) Salary Reduction Retirement Plan and Trust, formed pursuant to an Act of the Utah legislature and maintained by several school districts and public education agencies is a "governmental plan" as defined by section 3(32) of title I of ERISA.
Whether the Act 489 of the Acts of Arkansas General Assembly of 1987as it applies to employee benefit plans covered by title I of ERISA is preempted under section 514(a) of ERISA; and whether it qualifies for the exception established in section 514(b)(8) of ERISA.
Standards applicable to the process of wrapping meat in plastic. - [1910.1200]
Applicability of the revised Hazard Communication Standard to the grain industry. - [1910.1200]
Reduction of noise exposure for metal spray operations. - [1910.95]
The applicability of General Industry Standards to sign posting operations. - [1910.12]
Whether the exemptions to the prohibited transaction rules provided in Part V of Prohibited Transaction Exemption 75-1 (40 FR 50845, October 31, 1975) (PTE 75-1) and section 408(b)(2) of the Employee Retirement Income Security Act of 1974 (ERISA) apply to the extensions of credit by PaineWebber, Inc. to certain employee benefit plans as defined in section 3(3) of ERISA, plans qualified under section 401(a) of the Internal Revenue Code of 1986 which are not subject to Title I of ERISA, and individual retirement accounts described in section 408(a) of the Code.
Acceptable guarding for continuous cycling boneless meat tenderizers. - [1910.212(a)(1); 1910.212(a)(3)(ii)]
Need to supply a material safety data sheet for oil lubricated compressors. - [1910.1200]
Response to a request regarding remedies for airborne pollutants. - [1910 Subpart Z]
Request for a variance from 1910.106. - [1910.106]
Labeling and MSDSs for a stump router cutter head which has carbide tips on the cutter teeth. - [1910.1200(f); 1910.1200(g)]
Clarification of Material Safety Data Sheet Requirements Under the Hazard Communication Standard. - [1910.1200]
Application of FLSA section 7(k) to emergency medical technicians (EMT). That is are they primarily engaged in police or fire protection work.
Safeguarding of Metal Cutting Do-All Saw at the Norfolk Naval Shipyard. - [1910.212]
Additional requirements for distributors from the August 24, 1987 expansion of the HCS. - [1910.1200]
The compensability under the FLSA of hours spent in "roll-call," "training," and "travel" by city law enforcement personnel.
FLSA section 7(p)(2) does not apply to teachers aides who also drive school buses becauese their schood bus driver work was not occassional or sporadic.
Lift Slab Construction. - [1926.700]
Temporary lighting branch circuits. - [1926.405; 1926.449]
Definition, application and use of "Horns". - [1926.602]
Application of the Hazard Communication Standard to art materials industry. - [1910.1200]
Definitions of target organ and hazards of chemicals under the Hazard Communication Standard. - [1910.1200]
Application of FLSA section 3(m) tip credit to taxicab drivers.
Respiratory protection compliance responsibility for contract workers and visitors. - [1910.134]
Application of FLSA section 7(k) firefighters and the deduction of sleep and meal times.
National Paint and Coatings Association's (NPCA) Health Effects Labeling Approach - [1910.1200]
Clarification of the requirement for representative monitoring under the asbestos standard for construction. - [1926.1101(f)]
Compensable hours worked under the FLSA and sheriffs on standby or on-call.
Requirements of 1910.177, Restraining Devices and Barriers. - [1910.177]
Presence of chromium in monocomponent photocopier toner is under investigation. - [1910.1200]
Definition of "statistically reliable measurements" in 1926.58(f) (4). - [1926.58(f)(4)]
Horns and audible alarms. - [1926.602(a)(9)(i)]
Applicability of the HCS to manufacturers of steel coils. - [1910.1200]
Definition of workday under the FLSA section 7(j) partial ovetime exemption.
Fall protection for employees exposed to hazardous falls from roofs. - [1910.66(e)(3); 1910.23; 1910.145(c)(3)]
Cancer warning labels for formaldehyde and products containing formaldehyde. - [1910.1200(f)]
OSHA policy regarding medical surveillance requirements. - [1910.1025]
FLSA homeworker restriction for women's apparel and unisex garments. See 29 CFR 530.1(d).
This opinion letter explained how to determine regular rate and overtime pay for bus drivers paid an hourly rate for regular driving duties and flat sums for performing extra-curricular driving duties.
Free audiometric testing for employees exposed over the action level. - [1910.95]
Grounding of a person in a wheelchair to eliminate static electricity.
Guarding requirements for the "Speed Cut" radial saw. - [1910.213(h)(1)]
Advertisement on cleaning up mercury spills from glass thermometers. - [1910.1000]
The use of "steel duck billed hammers". - [1910.177]
CPL 02-00-078 [CPL 2.78 CH-1] - National - Page Change for OSHA Instruction CPL 2.78, Regional Ergonomics Program - 07/08/1987
Medical surveillance requirements in the vinyl chloride standard. - [1910.1017]
The HCS's requirement for target organ effects on labels for shipped containers of hazardous chemicals. - [1910.1200]
Training requirements in the hazardous waste interim final rule, 1910.120(e)(2) and (3). - [1910.120(e)(2); 1910.120(e)(3)]
This opinion letter addressed the legality of a proposed 12-month installment plan for nonexempt school staff who work 9 months each year and perform varying amounts of overtime work. The letter concluded that, although monthly payments would adjust to account for the varying overtime work, the proposed plan would not comply with the FLSA because it would unreaonably delay the payment of all of the wages which have been earned by an employee in any pay period.
IARC listing of boot and shoe manufacturing and repair as an occupation associated with cancer in humans. - [1910.1200]
Housing Construction Operations. - [1926.501(b)(13)]
This letter responses to a request for approval of an alternate system to the "90-10" form in order to determine a commensurate wage.
Recertifying technicians who do audiometric testing and pulmonary function testing. - [1910.95; 1926.58]
This letter advised that a school district does not need to treat "layover time" in excess of 1 hour as compensable worktime, where bus drivers and driver aides park buses at transportation facilities located near shopping centers and restaurants. Under these circumstances, it appears that the employees may be able to use their layover time in excess of 1 hour effectively for their personal business.
HMIS for meeting labeling requirements of the HCS. - [1910.1200(f)]
Requirement for instituting engineering and administrative controls for noise. - [1910.95]
Whether the Vantage Healthcare Employee Benefit Plan (the Plan), established by the Vantage Healthcare Corporation of Indiana, which owns manages, leases, and operates nursing homes in various locations, is an employee welfare benefit plan covered by title I of the Employee Retirement Income Security Act of 1974 (ERISA), and/or whether the Plan is a multiple employer welfare arrangement within the meaning of section 3(40) of ERISA.
Letter to DASHOS regarding reprisals. - [1960]
Laser standards applicable to a surgical laser program.
Whether the purchase of preferred stock of a corporation by a defined benefit pension plan sponsored by that corporation would contravene the prohibited transaction provisions of section 406 of the Employee Retirement Income Security Act of 1974 (ERISA) if such stock is acquired from the estate of the father of a plan fiduciary.
This letter advised that a school district does not need to treat time spent by bus driver employees attending a mandatory 20-hour driver recertification course as compensable worktime under the FLSA, where state law requires the drivers to attend this course every 3 years as a prerequisite for retaining their license to operate school buses.
This opinion letter gave general guidance on the permissibility of tip pool arrangements under the FLSA. In relevant part, the letter advised that "hosts" and "hostesses" may qualify as tipped employees in some circumstances, and that WHD generally considers contributions to a mandatory tip pool that exceed 15 percent of a tipped employee's tips to be unlawful.
HMIS use in meeting the in-plant labeling requirements of the HCS. - [1910.1200(f)]
This letter advised that a municipal government employer must include "State educational incentive supplements" paid to firefighters and law enforcement personnel who fulfill certain educational or training requirements in the employee's regular rate of pay. The letter advised that it is immaterial that the State, and not the municipal governments, is the source of funds for the supplemental payments.
Whether depositary shares of Jaguar plc (a U.K. Corporation) common stock, evidenced by American depositary receipts (ADRs), constitute "qualifying employer securities" under section 407(d)(5) of ERISA if held by the profit-sharing plan for U.S. employees of Jaguar Cars, Inc. (a wholly owned subsidiary of Jaguar plc).
Evaluation of labeling system which was designed to meet the requirements of the HCS. - [1910.1200(f)]
OSHA currently has no enforceable standard for paper dust. - [1910.1000 TABLE Z-3]
Elimination of SF-99 Reporting Requirement Under Walsh-Healey
Use of Walkman Radio, Tape, or CD Players and Their Effect When Hearing Protection Is In Use - [1910.95(i)(2)(i); 1910.95(i)(2)(ii)]
Employees engaged in erection, may ride a material hoist to gain access or egress to their work during the erection. - [1926.552]
Use of eyeglass inserts or spectacle kits inside respirator full facepieces. - [1910.134]
This letter advised that participants in a rehabilitation work program may be employees individually covered by the FLSA. Moreover, the letter advised that any public financing in support of "board, lodging, and facilities" furnished to program participants must be subtracted from the cost of providing such facilities where the empoyer claims a credit towards its minimum wage obligation under section 3(m) of the Act.
Information regarding exposure to lead and sulfuric acid. - [1910.1025]
Acceptance of closed-circuit self-contained breathing apparatus for firefighting. - [1910.134]
Protection provided by powered air-purifying respirators. - [1910.134(g)(1)(i); 1910.134(g)(1)(ii); 1910.134(g)(1)(iii)]
Calculating of hearing threshold shifts. - [1910.95]
Applicability of 1910.180(b)(1) to cranes used with drag line, pile driver or clam shell attachments. - [1910.180(b)(1)]
This letter advises that "per diem" payments intended as reimbursement for actual or reasonably approximate transportation and living expenses incurred by an employee while traveling on behalf of the employer may be excluded from the employee's regular rate of pay. However, the letter cautions that any payments to an employee which are disproportionately large or which obviously exceed the employee's actual (or reasonably approximate) expenses must be included in the employee's regular rate of pay.
This letter advises that time spent by employees visiting their private physician outside of normal working hours would not be considered compensable hours of work even if they are instructed to do so by their employer as a condition for return to work after an absence due to illness.
This letter advises that handicapped individuals, who would normally qualify as clients of the workshop, may volunteer to perform tasks at the workshop which would otherwise be performed by non-client volunteers but cannot be considered volunteers when performing work that clients of the workshop would ordinarily perform. The letter emphasizes that disabled individuals must understand the voluntary nature of their work and the fact that they are free not to participate in volunteer activities, and suggests that written information about volunteer activities be made available to both the disabled volunteers and their parents or guardians at the start of the volunteer period.
This letter advises that WHD will not assert an FLSA employment relationship where children are working with their parents' consent to pay restitution; are not displacing regular workers or impinging on employment opportunities of others; and such work is performed under the jurisdiction, pursuant to the order, and subject to the protection of the court. Where no employment relationship exists, neither the pay provisions nor the child labor requirements of FLSA apply.
PCBs in fluorescent light fixtures. - [1910.1000 TABLE Z-1]
Electrical Standards for Construction, Revised Subpart K - [1926 Subpart K]
This letter advises that, notwithstanding the inaccessibility of the location and the fact that an employee cannot leave, time spent sleeping by youth specialist employees on an overnight camping "treck" may be properly excluded from the employees' hours worked under FLSA. However, the letter cautions that if interruptions to sleep are so frequent that the employee cannot get at least 5 hours of sleep during the scheduled sleeping period the entire period must be counted as hours worked.
This letter advises that drivers who transport goods within a single State from a storage terminal of commodities may qualify for the overtime pay exemption contained in section 13(b )(1) of FLSA, as long as the transported goods originated from out-of-state and the shipper had a fixed and persisting transportation intent beyond the terminal storage point at the time of the original out-of-state shipment.
Use of amyl nitrite pearls as an antidote for acrylonitrile poisoning. - [1910.1045]
OSHA has no standards for the design and implementation of video display workstations.
Information on Hydro Carbide Tungsten, otherwise known as cemented tungsten carbide with colbalt binder. - [1910.120]
CPL 02-00-078 [CPL 2.78] - National - Regional Ergonomics Program - 02/09/1987
This letter advises that the FLSA's overtime pay requirement depends on all of the hours worked in a particular workweek rather than to hours which have been averaged with hours worked in another workweek or which have been redistributed in another workweek. The letter notes that, even though employees allegedly support such an arrangement, neither an employer nor an employee has the authority to waive the FLSA's overtime pay requirement.
Interpretation on requirements for opening drums in a safe manner. - [1910.120(j)]
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