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.
OMB’s Final Bulletin for Agency Good Guidance Practices establishes policies and procedures for the development, issuance, and use of significant guidance documents by Executive Branch departments, including requiring that agencies enable the public to request that significant guidance documents be created, reconsidered, modified or rescinded. To petition for a significant guidance document to be created, modified, reconsidered, or rescinded, email the Department of Labor. Petitions should identify the specific guidance document by name and include your reason(s) for the request.
On January 20, 2021, President Biden issued the “Executive Order on Revocation of Certain Executive Orders Concerning Federal Regulation.” In response, the Department issued a final rule January 27, 2021 to rescind its August 28, 2020 rule on guidance documents.
Search Tips
- If you are searching using an acronym, try a second search with the acronym spelled out. For example, if you are searching for guidance related to the Davis-Bacon Act, try searching "Davis-Bacon Act" as well as "DBA".
- For more specific results, use quotation marks around phrases.
- For more general results, remove quotation marks to search for each word individually. For example, minimum wage will return all documents that have either the word minimum or the word wage in the description, while “minimum wage” will limit results to those containing that phrase.
Use of stilts. - [1926.500]
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.
This button allows you to download all records in the database as of 1:00 am ET today into a CSV file. Please note that record changes made today will not be reflected until tomorrow.