Guidance Search

Requirements for direct drive mechanical power presses. - [1910.211(d)(7); 1910.211(b)(7)]

This letter provides an in-depth discussion on when work surrounding trees is agriculture and when it is not agriculture.

Temporary heating devices on construction sites. - [1926.153(h)(7)]

Whether a program providing severance benefits is a welfare plan under ERISA.

Whether investing the assets of a small pension or profit-sharing plan exclusively in shares of a mutual fund violates the diversification requirement under section 404(a)(1)(C) of ERISA.

Whether Metropolitan Life Insurance Company, to which the May Department Stores Company Employees Retirement plan has transferred substantially all its assets, and the partnership into which Metropolitan has entered with Shopping Centers to acquire, develop, operate, and manage real property in Los Angeles are parties in interest with respect to May’s plan.

Exemption for certain group and group-type insurance programs under ERISA. 

Carrying lunchboxes in manlifts prohibited. - [1910.68(d)(1)]

Whether state law governing employee welfare trust funds is preempted by ERISA.

Section 3(e)(2)(C) of the Act provides an exclusion from its provisions for non-civil service employees who are elected officeholders, members of their personal staffs, and such other personnel as the elected officeholders may appoint to positions as advisors on legal questions or policy-making decisions.

Definition of slow rate of speed for crane bridges and trolleys. - [1910.179(e)(2); 1910.179(e)(3)]

Whether a proposed transaction between a Savings and Loan Association and the Pension Trust of Southern California would violate section 406 of ERISA.

Whether a person who is both a trustee and a participant in an employee benefit plan should be considered to be a fiduciary with respect to the plan under section 404(c) of ERISA if such person is a trustee with respect to both his individual account and the individual accounts or other plan participants and beneficiaries.

Requests a determination as to the fair market value of the common stock of a corporation for purposes of sections 3(18) and 408(e) of ERISA.

Reporting obligations of trade and professional associations under ERISA. 

Whether the pension plan of the Hebrew Institute is a church plan as defined by ERISA.

Whether the EBS-1 form is a legal document that can only be prepared by a lawyer.

This inquiry addresses the potential violation of section 404(a)(1) of ERISA regarding monthly payments made to a former administrative manager under the plan’s authorization, despite the fact that the individual was not permitted to be employed by the Funds.

Whether the Cemeteries Association of the Diocese Revised Pension Plan is covered under ERISA.

Definition of vinyl chloride, as related to a fabricated product. - [1910.1017(b)(6)]

Whether the venue for a case brought under ERISA can be properly laid in the district of the plaintiff’s residence, when the case involves federal jurisdiction under ERISA and an amended complaint attempts to establish jurisdiction based on diversity of citizenship.

Whether successor trustees of a plan who are so designated after July 1, 1974, may receive compensation for service rendered as trustees to the plan.

Wine being aged is a processing operation and with no fire point, is not a flammable. - [1910.106]

Whether sections 404, 406, 407 and 408(e) of ERISA apply to profit sharing plans that propose to acquire either employer securities or preferred stock issued by corporations that own 100 percent of the outstanding shares of employers whose employees are covered by such profit-sharing plans.

Whether a plan trustee must be bonded if he is the sole plan participant and whether, if there are two participants in the plan and one is the trustee but can exercise control of the account’s assets, either or both must be bonded.

Guidance in questions and answers relating to fiduciary responsibilties.  Redsignated on 01/12/76.

Discusses employer-employee relationship and how it hasn't been established in this particular set of facts.

Whether, to what extent, and under what circumstances delinquency of employer contributions may involve a multi-employer plan or plan fiduciaries in prohibited extensions of credit, and whether the Secretary of Labor has enforcement power with respect to welfare plans

Whether section 208 of ERISA applies to a corporate merger in which the pension plans were not being merged.

This letter discusses rest and break periods. There is no provision in the Act which requires an employer to give the employees work breaks. If an employer does provide rest periods or work breaks, however, such periods must be counted as working time if they do not exceed 20 minutes.

Use of "Electronic Air Cleaners" for spray finishing operations. - [1910.107(d)(9)]

Responsibilities of custodians or trustees of individual retirement accounts established under section 408(a) of the Internal Revenue Code of 1954 (Code) under Title I of ERISA.

Applicability of bridge and trolley bumper requirements. - [1910.179(e)(2); 1910.179(e)(3)]

14 day period compensation for hospital employees and overtime requirements.

A shirt would be considered personal protective equipment in the same manner as goggles, hard hats, or respirators. - [1926.28(a)]

Portable extinguisher requirements and standpipe requirements in construction. - [1926.150(c)]

Residential managers are provided a free apartment - is that considered a facility and thus wages under the FLSA? Yes.

Whether an enclosed written instrument satisfies requirements under ERISA and how to obtain rules and regulations, including reporting forms, adopted under the Act.

Whether the six plan officials of a workers pension plan are required to be bonded pursuant to the provisions of section 412(a) of ERISA.

Clarification of protection of wall openings and holes. - [1910.23(b); 1910.21(a)(11)]

Storage of flammable and combustible liquids. - [1910.106(d)(5)(vi)(e)]

When magazine-fed tools are inspected, the tool is not considered loaded until the magazine feeds the tool. - [1926.302(e)(5); 1926.302(e)(6)]

Special exception for certain flight personnel whom the Wage and Hour Division has deemed to be within the spirit of the provision in the Fair Labor Standards Act exemption "employees employed in a bona fide executive, administrative, or professional capacity".

This inquiry addresses two concerns regarding reporting requirements and fiduciary liability under ERISA: (1) whether employee welfare benefit plans covering fewer than 100 participants may be exempt from certain reporting and disclosure provisions if the benefits are provided solely from the employer’s general assets or through insurance contracts, with premiums paid directly by the employer or employee organization; and (2) fiduciary liability under ERISA, particularly for health and life insurance plans funded through insurance carriers.

Interpretation on interlocking device for laundry washer tumbler or shaker in the textile standard. - [1910.262(cc)(1)]

Clarification on using an overhead crane beyond its rated load. - [1910.179(b)(2)]

Crane operator's responsibility during hand banding operations. - [1910.179(n)(3)(x)]

Inspections required for powered platforms for exterior building maintenance. - [1910.66(e)(3)]

Discusses whether a church is covered enterprise or if a church employee is a covered employee.

Interpretation for exit routes that are not level. - [1910.37; 1910.37(a)(3)]

Discusses the methods an employer may use to meet the burden of proof with respect to the amount of the tip credit claimed when employees fail to report all of their tips.

Clarification of "simple test" for mechanical power press control system failure. - [1910.217(b)(13)]

Request for interpretation for riding blocks on oilfield drill rigs.;Request for interpretation for riding blocks on oilfield drill rigs. - [1910.180(h)(3)(v); 1926.550(b)(2)]

Whether an incorporated voluntary affirmative action program constitutes an employee welfare benefit plan under section 3(1) of ERISA. 

Whether vacation savings plan would come under the definition of either an “employee welfare benefit plan” or an “employee pension benefit plan” of ERISA.

Whether deferred compensation plan for select management employees is subject to the participation, funding, and vesting provisions of ERISA.

Discusses whether the partial overtime exemption applies to certain employees in the green leaf tobacco industry under sections 7(m) and previously under 7(c).

Punch presses and the revised standard for mechanical power presses. - [1910.217]

De minimis notices for ladders with rung lengths that do not comply with the Fixed Ladders standard. - [1910.27(b)(1)(iii)]

Fire protection requirements for tank saddles. - [1910.106(b)(5)(ii)]

Whether a pension plan for employees of a home for disadvantaged children operated under the auspices of the Church is covered by ERISA.

How ERISA affects the pension plan of a not-for-profit school.

Whether Prepaid Health Care Act [statute] has been preempted by ERISA and, if so, the extent of such preemption.

Whether a profit sharing plan is covered by ERISA.

Interpretation of Mechanical Power Presses. - [1910.217]

The applicability of the standards to mechanical goods presses. - [1910.212]

Training and competency of aerial lift operators. - [1910.67]

Addresses whether an employer's system of payment based on employee efficiency quotas for each hour worked would comply with the FLSA's minimum wage and overtime requirements. Affirms that total compensation divided by for the workweek divided by the employee's compensable hours worked equals or exceeds the applicable minimum wage, then the the employee has been paid in compliance with section 6.  Explains that the regular rate regulation in 778.115 may apply where the efficiency pay rate system results in payment at two or more hourly rates in the workweek.

Whether World Bank Bonds are legal investments for multiemployer plans under ERISA.

Garb-el Food Waste Disposal Unit. - [1910.212]

Concludes that the employer is transferring goods within the same enterprise under 3(r); therefore, the 13(b)(11) exemption does not apply.

The use of symbols as safety signs. - [1910.145]

This letter discusses the employment relationship between the agency and the sitters it refers for employment to hospitals or nursing homes, and between the sitter and householder when employed in a private home. Section 13(a)(15)

Request for approval of the transfer of claim records from one plan administrator to its successor.

Clarification of 29 CFR 1926.350(b)(4) to Permit Cylinders Containing Oxygen, Acetylene or Other Fuel Gas to be Taken into Tunnels. - [1926.350; 1926.800; 1926.21]

Time spent at the beginning of an employee's shift receiving instructions from the employee being relieved on the prior shift constiutes hours worked since it is a principal activity which is an integral part of the employee's workday.

Multi-Plant Employers. - [1903.2 ]

Whether an attached draft plan amendment would meet the requirements of section 410(a) of ERISA.

Inquiry regarding the status of non-profit organizations under ERISA.

This communication addresses three questions regarding the rights of plan participants under ERISA when they leave employment before reaching retirement age:  (1) whether a participant who is 100 percent vested has a right to receive accrued pension benefits upon termination of employment; (2) whether a terminated employee could be treated differently from an employee who voluntarily elects to retire early; and (3) whether a terminated employee with a 100 percent vested interest in their accrued benefit would lose it if they die prior to becoming eligible to receive their first monthly benefit check.

Whether a bonding arrangement made by an insurance agency for the fiduciaries of qualified profit sharing and pension plans administered by an insurance planning agency, the partners of which are the principal shareholders of the insurance agency, qualifies for an prohibited transaction exemption under section 412 of ERISA.

Whether a specimen non-qualified employee stock purchase plan is either an "employee pension benefit plan" or "pension plan" as defined in section 3(2) of ERISA or an "employee welfare benefit plan" or a "welfare plan" as defined in section 3(1) of that Act.

Whether ERISA preempts state reporting requirements for periods before January 1, 1975.

Response to request for permanent variance from 1926.601(b)(8). - [1926.601(b)(8)]

Guidance in questions and answers relating to fiduciary responsibilities.

Whether a union's monthly bond purchases for its office secretary constitute a pension plan under ERISA, where the bonds become the employee’s property immediately and may be used at any time.

Safety Standard for Powered Industrial Trucks. - [1910.178]

Requirement to guard shaft couplings. - [1910.219(i)(2)]

Outside collections adjustors do not qualify for the Part 541.2 administrative exemption as their duties depend on skill and experience, rather than the exercise of discretion and independent judgment.

Whether State law relating to self-insured health and medical plans has been preempted by ERISA.

OSHA construction standards do not apply to highway transportation of explosives. - [1926.902(d)]

Overhead guards not required for trucks operating in low overhead locations. - [1910.178(e)(1)]

Request for a postponement of the bonding requirements under section 412 of ERISA.

Whether a proposed exchange of certificates representing [company] stock between [company], on the one hand, and the Hourly and Salaried Plans on the other, pursuant to a reincorporation of [company] under the (State #2) law, would be considered to be an acquisition of employer stock by the Plans under section 407(a)(2) of ERISA.

Interpretive views of section 410(a) of ERISA, as applied to different agreements for indemnification of fiduciaries, providing examples of provisions that are permitted under section 410(a) and describing other indemnification provisions that are void u

If the employers are disassocated and the services of the police officer for the secondary employer are not required by statute or ordinance, there is no joint employment. If a police officer is at a workplace other than required by his primary employment is required by statute or local ordinance, a joint employment relationship exists.

Whether the Department of Labor can intervene in a lawsuit filed by a participant to recover benefits under a plan.

Whether ERISA permits negotiations with the union to reduce benefits of a defined benefit and defined contribution pension plan under which the benefits are based upon actuarial advice as to the amount that can be supported by the rate of contributions, and the collective bargaining agreement provides that, if the rate of contributions for any reason fails to support the benefits, negotiation may be undertaken to adjust either benefits and/or contributions up or down.

The time spent at mobile homes provided by the school board or other public agencies by law enforcement officers would not constiute hours worked. Occupants are free to come and go as they please and these properties are not required to be occupied by police officers.  

Whether an Impartial Chairman in a collectively bargained welfare and pension plan must be bonded under section 412 of ERISA.