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 To petition for a significant guidance document to be created, modified, reconsidered, or rescinded, email the Department of Labor.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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This letter advises that the described zoning inspector is not excluded from FLSA coverage under section 3(e)(2)(C) of the Act because the inspector is not appointed to serve on a policymaking level and is not an immediate or personal adviser to an elected official. The letter separately advises that the zoning inspector does not qualify as an exempt administrative employee under section 13(a)(1) because job duties such as investigating violations of the zoning code, reviewing applications for zoning or sign permits, and issuing permits do not require the requisite degree of discretion or independent judgment.
This letter advised how to calculate overtime pay for salaried firefighters working a 27-day work period designated under section 7(k) of the Act. The letter assumed that the annual salaries paid for firefighters constituted straight-time pay for a fixed, or scheduled number of hours in each work period, and not fixed salaries for fluctuating hours.
Obstructed view to the rear relative to use of back-up alarms. - [1926.602(a)(9)(ii)]
Clarification of the terms "appropriate hazard warning" and "mandatory". - [1910.1200(f); 1910.1200(d)(2)]
Plans are required for EtO emergency situations and must be written in accordance with 1910.38 and 1910.39. - [1910.1047; 1910.1047(h)(1); 1910.1047(h)(1)(iii); 1910.38; 1910.165]
Line maintenance on a de-energized transmission line. - [1926.551; 1926.950(c)]
Clarification of the jurisdiction's of OSHA and the NRC in nuclear power plants. - [1910.1096]
Means of alerting employees during EtO emergency situations in hospitals;direct voice communication may be used to warn employees during an EtO emergency. - [1910.1047; 1910.1047(h)(2); 1910.165; 1910.38; 1910.39]
Whether the National Transportation Trust, established pursuant to a trust agreement effective January 1, 1985, between the National Transportation Safety Association, Inc. (NTSA) as Trustor and First Wisconsin National Bank of Madison as Trustee, is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA.
Whether the group health insurance program sponsored by the Kansas Bar Association (KBA) for its members and their employees, is an employee welfare benefit plan within the meaning of section 3(1) of Title I of ERISA , established and/or maintained by an “employee organization" or an “employer" (as defined in sections 3(4) and 3(5) of ERISA, respectively).
This letter advised that the Department takes no position as to whether persons serving as election judges, officials, or poll workers on election days are employees of the public agency which receives their services and, thus, subject to the monetary requirements of FLSA. The letter noted that the policy was adopted subsequent to the 1974 FLSA Amendments which extended FLSA coverage to most State and local government employees, and would not be changed pending further clarification of the issue or upon guidance by the courts.
This letter advised how to calculate FLSA overtime pay obligations when two employees employed by the same public agency substitute or trade work hours with each other under section 7(p)(3) of the Act.
This letter advised that the activities of the wildlife organization, as described by the requester, are not performed for a business purpose and therefore do not constitute an FLSA-covered "enterprise." The letter cautioned that employees may be individually covered under FLSA if they regularly and recurringly use the mails, the telephone or telegraph in interstate communication, or prepare, handle, or distribute published material for distribution in interstate commerce, but noted that individuals who volunteer or donate their services for public service, religious, or humanitarian objectives, not as employees and without contemplation of pay, are not considered to be employees of the religious, charitable, or nonprofit organizations which receive their services.
Medical removal protection provisions of the lead standard. - [1910.1025; 1910.1025(k)(2)]
Whether the trust established in accordance with the Labor Management Cooperation Act of 1978 (LMCA) by the United Association of Journeyman & Apprentices of the Plumbing and Pipefitting Industry, Local Union 598, AFL-CIO (Local 598) and the Southwestern Washington Mechanical Contractors Association (SWMCA) is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA.
Laboratory testing requirements for hand-held electrical construction tools. - [1926.302; 1926.449]
Whether the purchases and sales of stock of AmSouth Bancorporation, (AmSouth), in blind transactions on the New York Stock Exchange (NYSE) by unaffiliated participants in the self-directed individual retirement accounts (IRAs) for which AmSouth Bank N.A. (AmSouth Bank), a wholly-owned subsidiary of AmSouth, serves as custodian constitute prohibited transactions under the section 4975 of the Internal Revenue Code of 1954.
Calibration of noise dosimeters - [1910.95]
Possible Hazard in the Use of GFCI Worn on an Employee's Belt. - [1926.404(b)]
Whether the group health insurance program sponsored by the Kansas Society of Certified Public Accountants, (KSCPA) is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA.
Whether the Health Services Retirement Plan and Trust is a church plan within the meaning of section 3(33) of title I of ERISA and therefore exempt from coverage under that title pursuant to section 4(b)(2) of ERISA.
This letter advised that, under section 7(p)(2) of the FLSA, support service employees employed at a public school such as building service workers, secretaries, food service workers, and carpenters would be considered to be employed in a different capacity when performing extracurricular activities such as coaching sports or cheerleaders, sponsoring educational clubs or drama presentations by students, and similar activities. However, the letter cautioned that such extracurricular work must be intermittent and irregular, noting that a custodian who also works as an assistant coach during the football or other sports season would not be employed on an occasional or sporadic basis as discussed above. Where a support services employee, in addition to his or her regular job, also works part-time on a daily or nearly daily basis doing extracurricular work with students, such hours must be combined with hours worked in the primary job for the purpose of computing proper overtime compensation due under FLSA.
Determination of whether providing certain proposed benefits would be consistent with the types of reasonable benefits permissible under 553.106 for volunteers.
To compute the regular rate for overtime when a salary is paid for a variable workweek of less than 40 hours, apply 778.323 rather than 778.113(a).
DOL advises agencies that the revised H&W levels were $.59 and $1.84
Provides instructions pertinent to the reporting requirements under 30 CFR Part 50.
Interpretation given in the Federal Register on December 20, 1985 describing mild petroleum hydrotreatment is appropriate. - [1910.1200]
Method for computinng the regular rate of pay for firefighters working overtime during a 207(k) work period.e
Evaluation of plan to retrofit fork lift equipment with an operator safety restraint system. - [1910.178(a)(4)]
Requirements for target organ effects on labels under the Hazard Communication standard. - [1910.1200]
Mutiple jobs with same employer for different pay and travel time, travel all in a days work, and recordkeeping.
Information on Polychlorobiphenyls (PCB's) in Ceiling Tiles - [1910.1000 TABLE Z-1; 1910.120]
Sample numbers and measurement duration for compliance to the cotton dust standard for a weaving operation. - [1910.1043]
Testing equipment for use in potentially hazardous environments. - [1910.303; 1910.304; 1910.307; 1910.399]
Interpretation on availability of emergency information under the Hazard Communication Standard. - [1910.1200(g)(2)(xii)]
Clarification of voltage classification for electric distribution and transmission lines. - [1926.550]
Target organ labeling requirements for shipped containers. - [1910.1200(f)(5)(ii)]
Field calibration of noise dosimeters. - [1910.95]
The 13(a)(3) exemption from the minimum wage may apply if the employer meets one of the seasonality tests; but must pay overtime. National park or forest section 13(b)(29).
Transfer of Class IA liquids from polyethylene drums. - [1910.106(e)(6)(ii); 1910.106(h)(7)(i)(b)]
Electric utility industry concerns. - [1926.417; 1926.402; 1926.432; 1926 Subpart K]
High speed cobalt steel drill bits evaluated as a "article" under the Hazard Communication Standard. - [1910.1200]
General information related to the Hazard Communication standard. - [1910.1200]
Respirator fit testing requirements in the revised asbestos standard. - [1910.1001]
Deductions may be made from an employee's wages where the employer is legally required by a court order to make the, provided the employer does not derive any profit or other benefit as a result. The circumstances are analagous.
Hazard Communication Standard as it applies to wholesalers and distributors of hazardous chemicals. - [1910.1200]
Fire equipment training requirements. - [1910.157; 1910.157(a); 1910.157(b); 1910.38; 1910.39]
DOL announced publication of 2nd edition of SCA Directory of Occupations
Paying at a lower rate of pay for an average or "assumed" number of hours worked in an overtime workweek would not comply with the overtime pay and recordkeeping requirements of the FLSA.
Labeling of Formaldehyde-Containing Products Under the Hazard Communication Standard - [1910.1200(f)]
Whether the West Palm Beach Firefighters Benefit Fund is a "governmental plan" within the meaning of section 3(32) of title I of the Employee Retirement Income Security Act of 1974 (ERISA)and is, therefore, excluded from coverage under title I of ERISA pursuant to section 4(b)(1) thereof.
Whether the Palm Beach County Fire Fighters Employees' Insurance Fund constitutes a "governmental plan" within the meaning of section 3(32) of title I of the Employee Retirement Income Security Act of 1974 (ERISA) and is, therefore, excluded from coverage under title I of ERISA pursuant to section 4(b)(1) thereof.
Whether the Miami Fire Fighters Insurance Trust Fund constitutes a "governmental plan" within the meaning of section 3(32) of title I of the Employee Retirement Income Security Act of 1974 (ERISA) and is, therefore, excluded from coverage under title I of ERISA pursuant to section 4(b)(1) thereof.
The Willson "type 3" eye protective device complies with ANSI Z87. 1-1968. - [1910.133(b)(2)]
Clarification of service braking system requirements for rubber- tire off-highway equipment. - [1926.602(a)(4)]
Whether the payment of incentive compensation to BDN Advisers, Inc. by employee benefit plans will not result in a violation of section 406(b) of the Employee Retirement Income Security Act of 1974 (ERISA) or section 4975 of the Internal Revenue Code of 1954.
Whether the payment of incentive compensation to Batterymarch Financial Management by employee benefit plans will not result in a violation of section 406 of the Employee Retirement Income Security Act of 1974 (ERISA) or section 4975 of the Internal Revenue Code of 1954.
The 13(b)(1) exemption would qualify to such employees under the criteria of the "4-month rule". Also notes that charter transportation may aslo qualify for the section 7(n) exemption.
Whether the St. Agnes Medical Center Defined Benefit Pension Plan and Welfare Benefit Plans constitute church plans within the meaning of section 3(33) of title I of ERISA and, accordingly, whether they are excluded from coverage under title I of ERISA pursuant to section 4(b)(2) of ERISA.
Hair where the mask edges meet the skin is not permitted for wearers of 30 minute positive pressure SCBA respirators. - [1910.134(g)(1)(i); 1910.134(g)(1)(ii); 1910.134(g)(1)(iii)]
Requirements for listing multiple exposure limits on MSDSs under the HCS. - [1910.1200]
Explanation of HCS labeling requirements to the National Association of Printing Ink Manufacturers. - [1910.1200(f)]
Applicability of HCS standard to shipment of truck parts. - [1910.1200]
Labeling requirements for bulk shipments of metallic scrap under the HCS. - [1910.1200(f); 1910.1200(f)(2)]
The safe use of portable, compressed-air-actuated, fastener driving tools (staple guns). - [1910.212; 1910.212(a)(3)(ii); 1910.242(a)]
Professional liability insurance for asbestos abatement consultants. - [1910.1001; 1926.1101]
Application of the 13(a)(1) exemption for professional employees to photographers.
Sampling methods for ethylene oxide - [1910.1047]
Centrifugal safety switch for a concrete trowel machine is acceptable. - [1926.702(c)]
Power Presses of the Powder Metal Industry. - [1910.212; 1910.217]
Application of the maximum hours standards and premium pay under sections 7(b)(2) and the overtime pay exemption under section 7(b)(1).
Joint employment of construction workers through a collective bargaining agreement.
The employer-employee relationship is examined using the six criteria, suffer or permit to work to the trainees.
OSHA requirements for exit sign lettering. - [1910.37; 1910.37(b)(7)]
Acceptability of heat shrinkable insulating covers in making splices. - [1926.403; 1926.405]
Response to letter suggesting that the noise standard of 90 dB(A) is set at too high a level, and should be 85 dB(A) or less. - [1910.95]
Requirements for fingerprint powders containing carbon black under the Hazard Communication Standard. - [1910.1200]
Requirements under the Hazard Communication standard for visibility of labels on shipments of palletized bags. - [1910.1200]
Horse racetracks, dog racetracks, and jai alai frontons are among the type of amusement or recreational establishments that may qualify for the exemiption if the tests are met.
Application of the HCS to Borax Powered Hand Soap. - [1910.1200]
Time period for notifying employees of a standard threshold shift (STS). - [1910.95(g)(8)(i)]
An employee who chooses to remain at his or her desk during the meal period is not working if he or she is not required by the employer to remain at the desk and the employee is completely relieved of all duties. Employees may not volunteer hours of service to their public employer where such services are the same type of services which the individual is employed to perform for such public agency.
Evaluation of Bilsom "VISION" welding helmet in meeting OSHA standards. - [1910.252(b)(2); 1910.252(b)(2)(ii)(I)]
Application of the Hazard Communication standard to waste oils. - [1910.1200]
The noise standard applies to environments with undue atmospheric pressure. - [1910.95]
Iodine exposure during pre-operative scrubbing. - [1910.1000 TABLE Z-1]
Whether employee benefit plans established and maintained for the employees of St. Francis Hospital, Beech Grove, Indiana, by the Eastern Province of the Congregation of the Sisters of St. Francis of Perpetual Adoration constitute church plans within the meaning of section 3(33) of title I of ERISA.
A fingerprint powder called Sirchie Silk Black contains polynuclear aromatic hydrocarbons (PNA's). - [1910.1000 TABLE Z-1]
Interpretation concerning persistent standard threshold shift (STS) . - [1910.95(g)(9)(i)]
Tufting of undyed and unwashed cotton is not covered in the scope of the revised cotton standard of December 13, 1985. - [1910.1043]
Indication of Carcinogenicity on Material Safety Data Sheets - [1910.1200]
Request for a variance from decompression tables as delineated in 29 CFR 1926.803. - [1926.803]
Safeguarding of power press brakes and a definition of "Safe Distance". - [1910.212]
Application of the HCS to non-manufacturing scrap dealers who collect waste metal for resale. - [1910.1200]
Guidance clarifying fiduciary responsibilities regarding "soft dollar" and directed commission arrangements.
The CAM/PCAM Model C instrument is considered equal to the vertical elutriator cotton dust sampler. - [1910.1043(d)(1)(iv)]
Applicable regulations to the Nupro 316-DC-RD cylinder valve. - [1910.101]
An amusement or recreational establishment is a distinct working place for amusement or recreational employees, not an entire enterprise which consists of many separate establishments. City-operated stadiums, golf course, swimming pools, and other facilities may be amusement or recreational establishments.
Inquiry concerning regulations that apply to smoking in dormitories. - [1975.3; 1910.1000 TABLE Z-1]
Criteria for severe solvent refinement under the Hazard Communication Standard. - [1910.1200]
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