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 To petition for a significant guidance document to be created, modified, reconsidered, or rescinded, email the Department of Labor.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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No joint employment relationship is established between the police department and the private employer of an off-duty officer. The officer is not under the control or supervision of the private employer and still must respond to the call of duty from the police department while engaged in off duty employment.
Whether it would constitute a breach of a fiduciary duty or a prohibited transaction under ERISA for the trustees of an employee benefit plan covered by ERISA to permit a close relative of one of the trustees to work for the fund as a claims representative.
General requirements of ladders - [1926.451(e)(2); 1926.1053(b)(1)]
No joint employment relationship exists between the city fire department and county hospital. The presence of an intergovernmental agreement between the two and the fact that the city provides training that benefits the county hospital, among other facts, did not esablish a joint employment relationship.
Application of FLSA sections 13(a)(3) and 13(b)(8) to employees employed by country clubs.
What is the minimum number of employees under a profit sharing plan before fiduciaries are required to be bonded under the provisions ERISA.
Application of the standards to clicking machines, used in the footwear manufacturing industry. - [1910.217]
Interpretation for doorways not complying with exit route requirements. - [1910.36; 1910.36(g)(1)]
Cut and cover tunneling operations. - [1926.800]
Standards applying to aerosol container charging plants. - [1910.110(d)(13)(i); 1910.110(d)(13)(iii)]
Whether buttons on the two-handed controls of your molding presses requires a surrounding guard. - [1910.217(b)]
Handrail and railing specifications for general industry. - [1910.23(e)]
No employment relationship was established between the hospital and the student in training, as on the job training is combined with classroom training. Also, the receipt of $8,000 in financial support by the student would not be considered to establish an employment relationship.
Requirement to pin or lock digester valves. - [1910.261(g)(12)(iv)]
If the work performed by the patient is of consequential economic benefit to the instituation and would normally be done by someone else, then there is an employment relationship. However, if the patient is undergoing evaluation or training, they would not be an employee for the first three months of such activities as long as they don't spend more than one hour a day or five hours a week in such activities.
Whether a plan that provides retirement income for independent contractors of a hospital is a pension plan within the meaning of ERISA.
This inquiry addresses two questions pertaining to ERISA: (1) does section 404(c) of the Act exempt all "earmarked" transactions made in compliance with the terms of an employee benefit plan? (2) will the excise taxes of section 4975 of the Internal Revenue Code of 1954 be levied in respect of a transaction which falls within section 404(c) of the Act?
Protective clothing required to prevent skin contact with polyvinyl chloride residue on vessel walls. - [1910.1017(h)(1)(ii)]
Employee working alone in a manhole. - [1926.956(b)(1)]
Ladders extending more than 36 inches above the landing do not need to have the rungs above the landing removed so as to facilitate employees stepping between the side rails. - [1926.451(e)(2); 1926.1053(b)(1)]
Whether the provision of deduction check-offs by an employing railroad for workers’ insurance premiums constitutes an employee benefit plan under ERISA.
Interpretation on request for variance for storage of explosives and blasting agents. - [1926.904(d); 1926.904(e)]
Calculating the stopping distance limits for mills. - [1910.216(f)(2)]
Rung spacing for fixed ladders. - [1910.27(b)(1)(ii)]
Administrative controls and PPE used to reduce exposure below limits if engineering controls are not feasible. - [1910.95]
Guidance relating to investments by employee benefit plans in securities of registered investment companies.
Whether the non-qualified pension plan created under the agreement between [city] and Local No. [number] is subject to the funding requirements of Part 3 of Title I of the ERISA.
Use of respirators for work in manholes. - [1926.103; 1926.956(a)(3)(i); 1926.956(a)(3)(ii); 1926.956(a)(3)(iii)]
Clarification on standard for rigging equipment for material handling - wire rope. - [1926.251(c)(4)(iii)]
Whether loans from a pension plan to employees of the employer who established the plan are prohibited under ERISA.
Whether section 408(c) provides an exemption from section 406's prohibited transaction rules for such fiduciaries, in light of IRS Technical Information Release (TIR 1329) aligning with ERISA's provisions.
FLSA section 7(k) may be use for airport safety officers
Whether the rendering of mere advice by a broker-dealer to a plan makes the broker-dealer an investment adviser or a person exercising discretionary authority or control over plan assets.
Whether a retired pension plan participant may suffer suspension of retirement income payments if they engage in employment or business activity considered competitive with or “otherwise prejudicial” to their former employer.
Request for an exemption from the definition of “employee” for fulltime student employees under ERISA.
Whether prepaid legal service plans fall under the definition of “welfare plans” in section 3(1) or ERISA.
Scale guard requirements for forging hammers. - [1910.218(a)(3)(viii)]
Whether ERISA applies to a pension plan established by the City Fire Department for its employees, specifically regarding continued pension benefits in the event of a natural disaster.
Whether maintaining the indicia of ownership of plan assets outside the U.S. is permissible under section 404(b) of ERISA.
Guarding requirements for radial saws. - [1910.213(h)(1)]
Distance requirements for placement of propane gas tanks. - [1910.110(b)(6)]
Restricting fans to low speed does not void machine guarding standards. - [1910.212(a)(5)]
Whether a plan’s purchase of policies on an insurance company's general assets account results in the plan's assets consisting of the policies, rather than the underlying assets of the insurance company.
Guidance on prohibited transaction rules where a party in interest has engaged in a transaction with a corporation or partnership in which the plan has invested. Amended by regulation dealing with the definition of “plan assets” 2510.3-101 (11/13/86 and
A non-profit institution engaged in the non-residential care of "dependent neglected children" is not covered as an enterprise; however, institution also operated a preschool and that part of the operation is covered as an enterprise.
Whether an association, although not technically an insurance company, may be deemed to be an insurance company for the purposes of section 403(b) of ERISA.
Using a helicopter to set an electrical transmission tower. - [1926.551(l)]
FLSA section 13(a)(3) seasonal recreational exemption applied to city lifeguards guarding a beach open less than seven month of the year even though some guards worked more than seven month repairing beach equipment.
Whether a collectively bargained vacation fund is an employee welfare benefit plan, as defined in section 3(1) of ERISA.
Applicability of ERISA to an employee welfare benefit plan maintained in Puerto Rico.
Nonenforcement position under the Fair Labor Standards Act to helicopter pilots engaged in forest management and certain other flying activities.
Use of fire treated cardboard to facilitate clean-up on the floors and walls of spray booths. - [1910.107(b)(3)]
Service charges are not tips and when paid to wait staff the contitute part of their wages included in the regular rate.
Whether the document pursuant to which an employee benefit plan subject to Title I of ERISA must include the claims procedure required under section 503 of the ERISA and under 29 CFR Part 2560, 39 FR 42242 (as proposed on December 4, 1974) if such procedures are included in the plan description and summary plan description.
Guarding by location is permitted with certain provisions. - [1910.212(a)(3)(ii)]
Office of Compliance Programming reguarding Variance Application and Interim Order Request by Western Wood Products Association. - [1910.265]
Applicable Standards for Dispensing Flammable or Combustible Liquids. - [1926.152(a)(1); 1926.152(e); 1926.155(a)]
The stated test of FLSA section 3(e)(2)(C)(II) were not met for Official Shorthand Court Reporters and such employees are entited to the provisions of the FLSA.
Hooking and Unhooking Loads from Hovering Helicopters. - [1926.551(i)]
Clarification of 1926.601 and 1926.602. - [1926.601; 1926.602]
This letter discusses whether an employment relationship exists between an individual free to select a child(from a list furnished by the Division of Family Services) and the Division of Family Services, and if one exists between the Division of Family Services and a husband and wife who agree to become foster parents on a voluntary basis and receives payment.
This letter advises that, if the parent selects and, in fact, is free to select and make the necessary arrangements with the babysitter, an employer-employee relationship would not exist for purposes of the Act as between the county welfare department and the babysitters. The letter cautions that parents would be responsible for complying with the FLSA for any full time child-care service performed in or about the private household of the parent.
Whether a severance pay plan that pays benefits full-time, salaried officers, agents, and dispatchers of a council and participating locals upon termination of employment is covered under ERISA.
This letter advised that livestock brand inspectors are not engaged in the primary agricultural activity of raising livestock, such as breeding, feeding and general care of livestock, and that their activities do not come within the scope of that part of the definition of agriculture relating to secondary agriculture. Therefore the agricultural exemption for overtime would not apply.
Use of stilts. - [1926.500]
Whether ERISA will in any way discriminate women as a class.
This letter advised that contributions for and receipts from "educational, eleemosynary, or religious activities" are not included in an organization's annual gross volume when determining FLSA enterprise coverage, and discusses income from recreational facilities (such as a swimming pool or gymnasium) are included. It also discusses individual coverage and the application of 13(a)(3) to a summer day camp operated as a separate establishment.
This letter advised that a municipal recreational area that is funded through city or state taxes would not qualify for the section 13(a)(3) exemption as such funds are not "receipts" of the type required by the exemption. The letter further advised that the exemption would not apply to maintenance crews who work out of central location to clean all a city's parks, even if all the parks qualified for exemption under section 13(a)(3).
The FLSA applies to government run parks and recreation departments and the youth employed in its training program are entitled to the provisions of the FLSA. Some youth may be exempt from minimum wage and overtime under the section 13(a)(3) seasonal and recreational establishment exemption. Fourteen and fifteen year old's hours and times worked are subject to child labor regulation 3 standards.
DOL reminder that Reorganization Plan 14 of 1950 vests primary enforcement responsibility with contracting agencies.
FLSA section 13(a)(3) exemption for seasonal and recreational establishmetns did not apply to an indoor pool at a town park. The pool was open year around. The rescinded FLSA section 13(a)(2) retail exemption was also explained.
Equivalent construction of cages or wells; cages for 30' straight ladders. - [1910.27(d)(1)]
Whether certain students working at a small radio or TV stations are employees.
Whether the hours of employment of an employee of an employer engaged in the business of operating a street, suburban or interurban electric railway, or local trolley or motorbus carrier meet the requirements under section 7(n).
Whether certain prisoner are considered employees and therefore entitled to the benefits afforded under FLSA.
Encloses a Secretary of Labor ruling rescinding the policy set forth in DB-9 (see AAM 28). DOL advises that truck driver owner-operators are to be treated no differently than labor & mechanics for payroll purposes.
Applicability of 29 CFR 1910.181 to Derricks - [1910.181(b)(1)]
Whether employees working at a non-profit historic home qualify for the seasonal amusement or recreation establishment exemption in Section 13(a)(3).
Whether the 18 service engineers employed by your client, a national distributor of scientific and medical instrumentation, meet the requirement for professionalor motor carrier exemption.
Whether certain resident service representatives employed by a medical service organization meet the exemption.
Whether medical examinations required by the meployer, which is an integral part of business, is compensable time.
Whether the employer's payment method where he pays a fixed sum of overtime pay for a variable hours workweek meets the statutory requirement.
Lessor and lessee responsibities for posting floor load limits. - [1910.22(d)]
Whether a television news internship program provided by a state University would result in participating students being considered employees.
DOL provided timeline guidance on processing of conformance requests.
Roll-over Protective Systems (ROPS) on trenchers and snow vehicles. - [1926.1003]
Certification of resistance welding equipment inspections. - [1910.255(e)]
1926.500, Guardrails, handrails & guards. - [1926.500]
Regarding use of section 7(j) by a hospital not denying it the right to use section 7(g)(2) in computing the regular rate for overtime purposes.
Informing BAT staff of policy to accord graduates of Job Corps and other federally-funded apprenticeship programs priority in admissions
Employer requestes clarification on whether the commission draw utilized meets the requirements for automobile salesmen.
Whether an employee's acceptance of back wages paid by the employer under the Department's supervision concludes the action for the employer.
Concerning deductions made from employee's wages for cash drawer shortages.
Regarding definition of employees employed as seamen, for purposes of sections 6(a)(4), 13(a)(12) and 13(b)(6), Seamen section 13(b)(6)
Applicability of section 1910.106 to wineries. - [1910.106(i)]
Employer requests review of a proposed wage plan with a workweek less than 40 hours.
Whether the outside salesmen exemption to employees engaged in selling lots (developed camp sites) to recreation vehicle owners.
work plan
Whether the payment plan utilized averaging workweeks meets the requirements under section 7(a) for local delivery drivers or helpers section and 13(b)(11).
Use of an aerial basket to lift employees to an elevation to climb to a higher elevation. - [1926.453(b)(2)(iv); 1926.453(b)(2)(x)]
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