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that agencies enable the public to request that significant guidance documents be created, reconsidered, modified or rescinded. To petition for a significant guidance document to be created, modified, reconsidered, or rescinded, email the Department of Labor.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.
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)]
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.
Clarification of the jurisdiction's of OSHA and the NRC in nuclear power plants. - [1910.1096]
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 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.
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.
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