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that agencies enable the public to request that significant guidance documents be created, reconsidered, modified or rescinded. To petition for a significant guidance document to be created, modified, reconsidered, or rescinded, email the Department of Labor.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.
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.
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]
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).
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