WHD Fact Sheets | U.S. Department of Labor

WHD Fact Sheets | U.S. Department of Labor
WHD Fact Sheets
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Fact Sheets
Number
Title
Other Languages
Topic
Basic Information
June 2012
4 minute read
Arabic
Portuguese
Chinese
Haitian Creole
Hmong
Korean
Polish
Russian
Spanish
Somali
Tagalog
Thai
Vietnamese
Basic Information
Teen Driving
October 2019
3 minute read
Spanish
Teen Driving,Young Workers
The Construction Industry under the Fair Labor Standards Act (FLSA)
July 2008
4 minute read
View Summary
Fact Sheet #1
explains the application of the Fair Labor Standards Act (FLSA) to construction employees, including the difference between "blue-collar" and "white-collar" employees, overtime requirements, and recordkeeping.
Haitian Creole
Spanish
Construction Industry, Construction Workers, Construction Employees, Construction Employers
Restaurants and Fast Food Establishments under the Fair Labor Standards Act (FLSA)
December 2016
5 minute read
View Summary
Fact Sheet #2
explains the application of the Fair Labor Standards Act (FLSA) to employees in the restaurant industry, including minimum wage and overtime requirements, tip pooling, and youth employment rules.
Spanish
Restaurants and Fast Food Establishments, Tips, Tipped Workers, Tipped Employees, Tip Credit, Restaurant Employers
2A
Employing Youth in Restaurants under the Fair Labor Standards Act (FLSA)
July 2010
7 minute read
View Summary
Fact Sheet #2A
explains the child labor laws that apply to employees under 18 years old in the restaurant industry, including the types of jobs they can perform, the hours they can work, and the wage requirements. It also outlines the penalties for violating these laws.
Spanish
Employing Youth in Restaurants, Youth, minor, child, children, kid, teen, fast food, school, hazardous, restrictions, cook, server, waitress, host, work-study, customer service, barista
Professional Offices under the Fair Labor Standards Act (FLSA)
July 2008
3 minute read
View Summary
Fact Sheet #3
explains the application of the Fair Labor Standards Act (FLSA) to employees in professional offices, including who qualifies as exempt "white-collar" employees, overtime requirements, and recordkeeping. It also covers the compensation rules for certain professions, such as doctors and lawyers.
Professional Offices, Specialized, skill, qualified, expert, white-collar, office, learned profession, expert, exempt, overtime
Security Guard/Maintenance Service Industry under the Fair Labor Standards Act (FLSA)
July 2008
3 minute read
View Summary
Fact Sheet #4
explains the application of the Fair Labor Standards Act (FLSA) to security guards, including the criteria for determining whether they are considered "exempt" or "non-exempt" employees under the FLSA. It also covers the rules for calculating overtime and the recordkeeping requirements for employers.
Security Guards, Protect, building, commercial, residential, intruders, damage, threat, watchman, defender, custodian, lookout, patrol, armed, unarmed,
Real Estate and Rental Agencies under the Fair Labor Standards Act (FLSA)
July 2008
3 minute read
View Summary
Fact Sheet #5
explains the application of the Fair Labor Standards Act (FLSA) to employees in the real estate industry, including who qualifies as exempt "white-collar" employees, overtime requirements, and recordkeeping. It also covers the rules for compensating employees for on-call time and the treatment of independent contractors under the FLSA.
Rental Agencies, Properties, rental, sale, purchase, lease, broker, lender, residential, commercial, land, farm, invest, mortgage, home, owner, new-build, construction, property, loan, architecture, agent, banking, apartment, finance, realtor, landlord
Retail Industry under the Fair Labor Standards Act (FLSA)
May 2020
4 minute read
View Summary
Fact Sheet #6
explains the application of the Fair Labor Standards Act (FLSA) to employees in the retail industry, including minimum wage and overtime requirements, exemptions for certain positions, and the treatment of bonuses and commissions. It also covers recordkeeping requirements and the rules for compensating employees who perform both exempt and non-exempt work.
Chinese
Korean
Polish
Spanish
Thai
Vietnamese
Retail Industry, Store, shop, supermarkets, telemarketing, client, shipping, discount, merchandise, online, marketing, manufacture, clothes, shipping, packers, customer, fashion, style, inventory, cashier, customer service
State and Local Governments under the Fair Labor Standards Act (FLSA)
March 2011
4 minute read
View Summary
Fact Sheet #7
explains the application of the Fair Labor Standards Act (FLSA) to employees of state and local governments, including the differences between "white-collar" and "blue-collar" employees, overtime requirements, and exemptions for certain positions. It also covers the rules for compensating employees for travel time, on-call time, and training time, as well as the recordkeeping requirements for employers.
State Governments, national, state, local, government, representative, constitution, tax, politics, economy, public, agencies, interstate
Police and Fire Fighters under the Fair Labor Standards Act (FLSA)
March 2011
4 minute read
View Summary
Fact Sheet #8
explains the application of the Fair Labor Standards Act (FLSA) to police and firefighters, including the criteria for determining whether they are considered "exempt" or "non-exempt" employees under the FLSA. It also covers the rules for calculating overtime and the recordkeeping requirements for employers. Additionally, it discusses the special provisions in the FLSA that allow for the use of "compensatory time" in lieu of cash overtime payments.
Police, Law enforcement, police, fire fighters, legal, authority, municipality, county, prevention, emergency, public safety, investigation, prison, jail, probation, crime, offenses,
Manufacturing Establishments under the Fair Labor Standards Act (FLSA)
July 2008
4 minute read
View Summary
Fact Sheet #9
explains the application of the Fair Labor Standards Act (FLSA) to employees in the manufacturing industry, including minimum wage and overtime requirements, exemptions for certain positions, and recordkeeping. It also covers the rules for compensating employees for training time and for travel time, as well as the treatment of bonuses and commissions.
Manufacturing Establishments, Production, machinery, industrial, products, supplies, material, facility, systems, warehouse, distribution, wholesale, retail, goods, interstate, commerce, logistics
10
Wholesale and Warehouse Industries under the Fair Labor Standards Act (FLSA)
July 2008
3 minute read
View Summary
Fact Sheet #10
explains the application of the Fair Labor Standards Act (FLSA) to employees in the wholesale industry, including minimum wage and overtime requirements, exemptions for certain positions, and recordkeeping. It also covers the rules for compensating employees for training time and for travel time, as well as the treatment of bonuses and commissions.
Wholesale Industries, Warehouse Industries, Sale, goods, storage, client, trade, retail, products, consultation, distribution, pack, deliver, driver, forklift, database, storage, logistics, partners
11
Automobile Dealers under the Fair Labor Standards Act (FLSA)
November 2018
3 minute read
View Summary
Fact Sheet #11
explains the application of the Fair Labor Standards Act (FLSA) to employees in the automobile dealership industry, including minimum wage and overtime requirements, exemptions for certain positions, and recordkeeping. It also covers the rules for compensating employees who perform both exempt and non-exempt work, as well as the treatment of bonuses and commissions.
Automobile Dealers, Car, truck, SUV, bus, electrical, hybrids, gas, new, used, retail, sale, purchase, manufacture, purchase, customer service, insurance, service, body shop, parts, marketing, warranty, finance, inventory
12
Agricultural Employment Under the Fair Labor Standards Act (FLSA)
January 2025
4 minute read
View Summary
Fact Sheet #12
explains the application of the Fair Labor Standards Act (FLSA) to employees in the agricultural industry, including the minimum wage requirements, the "piece-rate" method of payment, and exemptions for certain positions. It also covers the rules for compensating employees for travel time and for certain activities related to crop production, as well as the recordkeeping requirements for employers.
Agricultural Employers, Agriculture, Farming, Ag, employers, agricultural workers, agricultural employers, FLSA, farmworkers, farm, farmer, man day, farm labor contractor
13
Employee or Independent Contractor Classification Under the Fair Labor Standards Act (FLSA)
March 2024
4 minute read
View Summary
Fact Sheet #13
provides general information on how to determine if a worker is an employee or independent contractor under the FLSA. Misclassification occurs when a worker is an employee under the FLSA but is instead treated as an independent contractor by the employer. Misclassification may deny workers minimum wage, overtime pay, and other protections. Also, employers that comply with the law are placed at a competitive disadvantage compared to other businesses that misclassify employees. It is an employer’s responsibility to determine if a worker is an employee or independent contractor under the FLSA.
Employment Relationship Under the Fair Labor Standards Act (FLSA) (PDF)
This Fact Sheet is consistent with the Wage and Hour Division’s current enforcement position as stated in Field Assistance Bulletin 2025-1 (July 2008).
Employment Relationship, Independent Contractors, Misclassification
14
Coverage under the Fair Labor Standards Act (FLSA)
July 2009
2 minute read
View Summary
Fact Sheet #14
explains the coverage of the Fair Labor Standards Act (FLSA), including which employers and employees are covered by the law, and the exemptions that may apply to certain positions. It also covers the recordkeeping requirements for employers.
Spanish
Coverage the Fair Labor Standards Act, FLSA, coverage, minimum wage, overtime, child labor, recordkeeping, workers, enterprise coverage, individual coverage
14A
Non-Profit Organizations and the Fair Labor Standards Act (FLSA)
August 2015
3 minute read
View Summary
Fact Sheet #14A
provides additional information for non-profit organizations regarding the coverage of the Fair Labor Standards Act (FLSA), including exemptions that may apply to certain positions and recordkeeping requirements.
Non-profit, Non-profit, associations, organizations, charity, religion, educational
15
Tipped Employees Under the Fair Labor Standards Act (FLSA)
November 2024
9 minute read
View Summary
Fact Sheet #15
15B
Managers and Supervisors Under the Fair Labor Standards Act (FLSA) and Tips
April 2024
6 minute read
16
Deductions From Wages For Uniforms And Other Facilities under the Fair Labor Standards Act (FLSA)
July 2009
3 minute read
View Summary
Fact Sheet #16
explains the rules regarding wage deductions under the Fair Labor Standards Act (FLSA), including when deductions are allowed for items such as uniforms, tools, and transportation. It also covers the rules for deductions from exempt employees' salaries and the penalties for violating the FLSA's wage deduction provisions.
Uniforms (deduction)
17A
Exemption for Executive, Administrative, Professional, Computer and Outside Sales
September 2019
6 minute read
View Summary
Fact Sheet #17A
explains the rules regarding overtime pay under the Fair Labor Standards Act (FLSA), including the calculation of overtime pay, the exemptions that may apply to certain positions, and the recordkeeping requirements for employers. It also covers the rules for compensating employees who work irregular schedules or receive bonuses or other forms of compensation in addition to their regular pay.
Spanish
Exemption - Executive, Administrative, Professional, Computer and Outside Sales
17B
Executive Exemption
August 2024
5 minute read
View Summary
Fact Sheet #17B
explains the exemption from overtime pay provided to executive, administrative, and professional employees under the Fair Labor Standards Act (FLSA), and outlines the criteria that must be met for an employee to be considered exempt under these categories.
Japanese
Exemption - Executives
17C
Administrative Exemption
August 2024
6 minute read
View Summary
Fact Sheet #17C
provides information on the overtime requirements for administrative employees under the Fair Labor Standards Act (FLSA). It explains what duties qualify as administrative work and which employees are exempt from overtime pay.
Exemption - Administrative
17D
Professional Exemption
August 2024
6 minute read
View Summary
Fact Sheet #17D
provides information on the overtime requirements for professional employees under the Fair Labor Standards Act (FLSA). It explains what duties qualify as professional work and which employees are exempt from overtime pay.
Exemption - Professional
17E
Computer-Related Occupations Exemption
August 2024
3 minute read
View Summary
Fact Sheet #17E
provides information on the overtime requirements for computer employees under the Fair Labor Standards Act (FLSA). It explains what duties qualify as computer work and which employees are exempt from overtime pay.
Exemption - Computer-Related Occupations
17F
Outside Sales Exemption
August 2024
4 minute read
View Summary
Fact Sheet #17F
provides guidance on the exemption from overtime pay provided to employees who work in outside sales under the Fair Labor Standards Act (FLSA), including the criteria that must be met for an employee to be considered an outside sales employee and thus exempt from overtime pay.
Exemption - Outside Sales
17G
Salary Basis, Part 541 Exemptions
September 2019
6 minute read
View Summary
Fact Sheet #17G
provides information on the salary basis test for determining eligibility for overtime pay under the Fair Labor Standards Act (FLSA). Employees earning less than the current standard salary level must receive overtime pay at a rate of at least one and a half times their regular rate of pay for hours worked over 40 in a workweek.
Exemption - Salary Basis, Part 541
17H
Highly-Compensated Employees and the Part 541 Exemption Under the Fair Labor Standards Act (FLSA)
August 2024
3 minute read
View Summary
Fact Sheet #17H
provides information on the highly compensated employee exemption to overtime pay under the FLSA. Employees who earn at least the current HCE salary level annually and perform at least one of the duties of an exempt executive, administrative, or professional employee are exempt from overtime pay.
Exemption - Highly-Compensated Workers, Part 541
17I
Blue-Collar Workers, Part 541 Exemptions
September 2019
2 minute read
View Summary
Fact Sheet #17I
provides information on the overtime pay requirements for blue-collar workers under the FLSA. Blue-collar workers, who are generally classified as non-exempt, must receive overtime pay at a rate of at least one and a half times their regular rate of pay for hours worked over 40 in a workweek.
Exemption - Blue-Collar Workers, Part 541,
17J
First Responders, Part 541 Exemptions
September 2019
2 minute read
View Summary
Fact Sheet #17J
provides information on the overtime pay requirements for first responders under the FLSA. First responders, such as police officers and firefighters, are generally classified as non-exempt and must receive overtime pay at a rate of at least one and a half times their regular rate of pay for hours worked over 40 in a workweek.
Exemption - First Responders, Part 541
17K
Veterans, Part 541 Exemptions
September 2019
2 minute read
View Summary
Fact Sheet #17K
provides information on the special overtime pay provisions for veterans with disabilities under the FLSA. Employers can take advantage of a certificate program that allows them to pay a reduced overtime rate to veterans with disabilities without violating the FLSA's overtime pay requirements.
Exemption - Veterans, Part 541
17L
Insurance Claims Adjusters, Part 541 Exemptions
September 2019
2 minute read
View Summary
Fact Sheet #17L
provides information on the overtime pay requirements for claims adjusters under the FLSA. Claims adjusters who do not meet the requirements for exemption from overtime pay must receive overtime pay at a rate of at least one and a half times their regular rate of pay for hours worked over 40 in a workweek.
Exemption - Insurance Claims Adjusters, Part 541
17M
Financial Services Industry Employees, Part 541 Exemptions
September 2019
2 minute read
View Summary
Fact Sheet #17M
provides information on the overtime pay requirements for employees in the financial services industry under the FLSA. Certain employees, such as bank tellers, are generally classified as non-exempt and must receive overtime pay at a rate of at least one and a half times their regular rate of pay for hours worked over 40 in a workweek.
Exemption - Financial Services Industry Employees, Part 541
17N
Nurses, Part 541 Exemptions
September 2019
2 minute read
View Summary
Fact Sheet #17N
provides information on the overtime pay requirements for nurses under the FLSA. Nurses who do not meet the requirements for exemption from overtime pay must receive overtime pay at a rate of at least one and a half times their regular rate of pay for hours worked over 40 in a workweek.
Exemption - Nurses, Part 541
17O
Technologists and Technicians, Part 541 Exemptions
September 2019
2 minute read
View Summary
Fact Sheet #17O
provides information on the overtime pay requirements for technicians under the FLSA. Technicians who do not meet the requirements for exemption from overtime pay must receive overtime pay at a rate of at least one and a half times their regular rate of pay for hours worked over 40 in a workweek.
Exemption - Technologists and Technicians, Part 541
17P
Construction Workers, Part 541 Exemptions
September 2019
2 minute read
View Summary
Fact Sheet #17P
provides information on the overtime pay requirements for employees in the construction industry under the FLSA. Construction workers who are not exempt from overtime pay requirements must receive overtime pay at a rate of at least one and a half times their regular rate of pay for hours worked over 40 in a workweek.
Exemption - Construction Workers, Part 541
17Q
Journalists/Reporters, Part 541 Exemptions
September 2019
3 minute read
Exemption - Journalists/Reporters, Part 541
17S
Higher Education Institutions and Overtime Pay Under the Fair Labor Standards Act (FLSA)
August 2024
9 minute read
View Summary
Fact Sheet #17S
provides information on the overtime pay requirements for employees in educational institutions under the FLSA. Employees of public and private elementary and secondary schools who work as teachers or in other educational capacities may be exempt from overtime pay requirements, while other employees, such as cafeteria workers and janitors, are generally classified as non-exempt and must receive overtime pay at a rate of at least one and a half times their regular rate of pay for hours worked over 40 in a workweek.
Higher Education Institutions and Overtime Pay - FLSA
17T
Special Salary Levels For the U.S. Territories
October 2019
12 minute read
View Summary
Fact Sheet #17T
provides information on the overtime pay requirements for employees who work remotely or from home under the FLSA. Employers must pay non-exempt employees who work remotely or from home for all hours worked, including overtime hours, at a rate of at least one and a half times their regular rate of pay for hours worked over 40 in a workweek. Employers must also keep accurate records of all hours worked by their remote or home-based employees.
Special Salary Levels - U.S. Territories
17U
Nondiscretionary Bonuses and Incentive Payments (Including Commissions) and Part 541 Exempt Employees
October 2019
8 minute read
View Summary
Fact Sheet #17U
provides guidance on the application of the Fair Labor Standards Act (FLSA) to employees who receive nondiscretionary bonuses, including information on the regular rate of pay calculation.
Nondiscretionary Bonuses and Incentive Payments (Including Commissions) and Part 541 Exempt Employees
18
Section 13 (a) (3) Exemption For Seasonal Amusement or Recreational Establishments under the Fair Labor Standards Act (FLSA)
July 2008
3 minute read
View Summary
Fact Sheet #18
outlines how the Fair Labor Standards Act (FLSA) applies to seasonal amusement and recreational establishments, including exemptions and minimum wage and overtime requirements.
Exemptions - Recreational Establishments, Seasonal Amusement
19
The Motor Carrier Exemption under the Fair Labor Standards Act (FLSA)
November 2009
4 minute read
View Summary
Fact Sheet #19
explains how the FLSA applies to employees in the motor carrier industry, including exemptions for certain drivers and recordkeeping requirements.
Spanish
Motor Carrier Exemption, Truck Drivers, Interstate Truck Drivers
20
Employees Paid Commissions by Retail Establishments Who are Exempt Under Section 7(i) from Overtime under the Fair Labor Standards Act (FLSA)
July 2008
3 minute read
View Summary
Fact Sheet #20
provides guidance on how the FLSA applies to employees who earn commissions in the retail industry, including exempt and non-exempt classifications and overtime requirements.
Commissions
21
Recordkeeping Requirements under the Fair Labor Standards Act (FLSA)
July 2008
3 minute read
View Summary
Fact Sheet #21
details the recordkeeping requirements under the FLSA, including what information employers must keep and for how long, as well as penalties for noncompliance.
Chinese
Korean
Spanish
Thai
Vietnamese
Recordkeeping Requirements
22
Hours Worked under the Fair Labor Standards Act (FLSA)
July 2008
5 minute read
View Summary
Fact Sheet #22
discusses what counts as compensable hours worked under the FLSA, including travel time, training time, and on-call time, as well as the importance of accurately tracking work hours.
Chinese
Haitian Creole
Khmer
Korean
Samoan
Spanish
Thai
Vietnamese
Hours Worked, Waiting Time, On-call Time, Breaks, Lunch Breaks, Sleeping Time, Training Time, Travel Time, Commute, Overnight Travel
23
Overtime Pay Requirements of the Fair Labor Standards Act (FLSA)
October 2019
4 minute read
View Summary
Fact Sheet #23
provides information on the FLSA's overtime pay provisions, including who is covered, what constitutes "hours worked," and how to calculate overtime pay.
Chinese
Haitian Creole
Khmer
Korean
Russian
Spanish
Thai
Vietnamese
Overtime
24
Homeworkers under the Fair Labor Standards Act (FLSA)
July 2008
4 minute read
View Summary
Fact Sheet #24
explains the FLSA's rules for homeworkers, including what constitutes a "homeworker," how to calculate minimum wage and overtime pay, and recordkeeping requirements.
Homeworkers
25
The Home Health Care Industry under the Fair Labor Standards Act (FLSA)
September 2013
3 minute read
View Summary
Fact Sheet #25
provides information on the FLSA's rules for home healthcare workers, including the minimum wage and overtime pay requirements, and when sleep time and travel time count as compensable hours worked.
Chinese
Korean
Thai
Vietnamese
Home Health Care Industry
26
Section H-2A of the Immigration and Nationality Act (INA) — For applications submitted on or after March 15, 2010
February 2010
9 minute read
View Summary
Fact Sheet #26
provides an overview of employer obligations related to the H-2A temporary agricultural worker program, including the FLSA's requirements for employers who participate in the program, such as providing minimum wage and overtime pay, housing and transportation, and recordkeeping.
Haitian Creole
Spanish
H2A, Immigration
26A
Recruitment Requirements under the H-2A Visa Program
November 2022
7 minute read
View Summary
Fact Sheet #26A
provides information on employers’ recruitment requirements for prospective workers under the H-2A temporary agricultural worker program, including when and how to conduct recruitment, where to advertise job openings, and how to document recruitment efforts.
H2A
26B
Disclosure of the Job Order and Notice of Worker Rights under the H-2A Visa Program
November 2022
4 minute read
View Summary
Fact Sheet #26B
explains the disclosure and notice requirements for employers participating in the H-2A program, including all the terms, benefits, and conditions of employment in the written job contract or certified job order, as well as where and when to place and maintain the required notice poster.
H2A
26C
Records Retention Requirements under the H-2A Program
November 2022
4 minute read
View Summary
Fact Sheet #26C
outlines the recordkeeping requirements for employers who participate in the H-2A program, including the types of records that must be kept, how long they must be retained, and how to make them available for inspection.
H2A
26D
Meal Obligations for H-2A Employers
November 2022
4 minute read
View Summary
Fact Sheet #26D
explains the obligation for employers participating in the H-2A program to provide meals or to furnish kitchen facilities to workers, including the types and quantities of food or conditions of employer-provided kitchen facilities that must be provided, and when employees must be compensated for meal time.
H2A
26E
Job Hours and the Three-Fourths Guarantee under the H-2A Program
November 2022
7 minute read
View Summary
Fact Sheet #26E
explains the H-2A program's job offer and hours guarantee requirements, including the three-fourths guarantee rule, how to determine the number of hours offered, and when an employer can reduce hours.
H2A
26F
Wage Requirements under the H-2A Visa Program
November 2022
4 minute read
View Summary
Fact Sheet #26F
outlines the wage requirements for employers who participate in the H-2A program, including the hourly wage rate, the Adverse Effect Wage Rate (AEWR), and when to pay wages.
H2A
26G
H-2A Housing Standards for Rental and Public Accommodations
November 2022
7 minute read
View Summary
Fact Sheet #26G
explains the housing standards that apply to rental and public accommodations used by employers to house workers under the H-2A program, including the minimum safety and health requirements for housing.
H2A
26H
H-2A Labor Contractor (H-2ALC) Surety Bonds
August 2023
6 minute read
View Summary
Fact Sheet #26H
outlines the obligations for H-2A Labor Contractors (H-2ALCs) to acquire surety bonds as part of the H-2A temporary visa program, under both the 2010 and 2022 Final Rules. The document explains the requirements for obtaining, maintaining, and cancelling the bonds, and highlights the differences between bonds related to each rule. The bonds ensure the H-2ALC's financial responsibilities to workers.
H-2A Labor Contractor, surety bond, H-2A temporary visa program, 2010 Final Rule, 2022 Final Rule
27
New Businesses under the Fair Labor Standards Act (FLSA)
July 2008
3 minute read
View Summary
Fact Sheet #27
provides guidance for new businesses on complying with the FLSA's minimum wage, overtime pay, and recordkeeping requirements, including determining whether employees are exempt or non-exempt, calculating overtime pay, and maintaining accurate records.
Chinese
New Businesses
28
The Family and Medical Leave Act of 1993
February 2023
7 minute read
View Summary
Fact Sheet #28
provides an overview of the Family and Medical Leave Act (FMLA), including which employers and employees are covered, the reasons for which leave can be taken, and the duration of leave.
FMLA, Medical Leave, Family Medical Leave
28A
Employee Protections under the Family and Medical Leave Act
March 2023
12 minute read
View Summary
Fact Sheet #28A
explains the FMLA's employee protections, including the right to return to work after taking FMLA leave, the right to maintain health benefits during leave, and the right to be free from interference or retaliation for taking leave.
FMLA Military Leave Entitlements, Veteran, Armed Forces, Military, Military Family
28B
Using FMLA Leave When You are in the Role of a Parent to a Child
April 2023
4 minute read
View Summary
Fact Sheet #28B
provides information on the FMLA's in loco parentis provision, which allows employees to take leave to care for a child even if they are not the child's biological or adoptive parent.
FMLA leave for birth, care
28C
Using FMLA Leave to Care for Someone Who Was in the Role of a Parent to You When You were a Child
February 2023
4 minute read
View Summary
Fact Sheet #28C
explains when employees may use FMLA leave to care for someone who is not their biological or legal parent, but who was in the role of a parent to them when they were a child.
Hmong
FMLA Parent definition
28D
Employer Notification Requirements under the Family and Medical Leave Act (FMLA)
January 2024
6 minute read
View Summary
Fact Sheet #28D
explains employer notification requirements under the FMLA, including to display a poster and notify e employees of their eligibility for FMLA leave, their rights and responsibilities, and whether leave is designated as FMLA-qualifying.
FMLA Employer Notification Requirement
28E
Employee Notice Requirements under the Family and Medical Leave Act
January 2024
5 minute read
View Summary
Fact Sheet #28E
explains requirements under the FMLA that an employee provide notice of the need for leave, including timing requirements when the need is foreseeable or unforeseeable.
Hmong
FMLA Employee Notice Requirements
28F
Reasons that Workers May Take Leave under the Family and Medical Leave Act
March 2023
11 minute read
View Summary
Fact Sheet #28F
provides information on the qualifying reasons for FMLA leave, including family, medical, and military family leave reasons.
Hmong
FMLA Qualifying Reasons for Leave
28G
Medical Certification under the Family and Medical Leave Act
March 2023
15 minute read
View Summary
Fact Sheet #28G
explains the medical certification process allowed under the FMLA if an employee requests leave because of their own serious health condition or to care for a family member with a serious health condition.
FMLA Certification of a Serious Health Condition
28H
12-month period under the Family and Medical Leave Act (FMLA)
January 2024
4 minute read
View Summary
Fact Sheet #28H
explains the 12-month period under the FMLA in which eligible employees have an entitlement to 12 workweeks of leave a year.
FMLA 12-month period
28I
Calculation of Leave under the Family and Medical Leave Act
January 2024
6 minute read
View Summary
Fact Sheet #28I
provides guidance on how to calculate an employee's available FMLA leave and leave use, including how to calculate intermittent and reduced schedule leave.
FMLA Calculation of Leave
28J
Airline Flight Crew Employees under the FMLA
February 2024
5 minute read
View Summary
Fact Sheet #28J
explains the special rules that apply to airline flight crews under the FMLA, including special eligibility, leave calculation, and recordkeeping rules.
FMLA Special Rules for Airline Flight Crew Employees
28K
Using FMLA Leave to Care for an Adult Child with a Disability
February 2023
6 minute read
View Summary
Fact Sheet #28K
explains when employees may use FMLA leave to care for a child with a serious health condition if the child is 18 or older and incapable of self-care because of a disability.
FMLA “Son or Daughter” 18 years of age or older
28L
Leave under the Family and Medical Leave Act for Spouses Working for the Same Employer
January 2024
5 minute read
View Summary
Fact Sheet #28L
explains under what circumstances and for what leave reasons spouses who work for the same employer must share the total amount of FMLA leave available in the leave year.
Leave under the FMLA for Spouses Working for the Same Employer
28M
Using FMLA Leave Because of a Family Member’s Military Service
February 2023
4 minute read
View Summary
Fact Sheet #28M
explains when employees may use military family leave under the FMLA , including qualifying exigency leave for certain reasons related to a family member’s foreign deployment and leave to care for a current servicemember or veteran with a serious injury or illness’.
Leave Provisions - Military Family under the FMLA
28M(a)
Military Caregiver Leave for a Current Servicemember under the Family and Medical Leave Act
February 2024
5 minute read
View Summary
Fact Sheet #28M(a)
explains the provisions of the FMLA that allow eligible employees to take leave to care for a family member who is a current service member with a serious injury or illness’.
Spanish
Military Caregiver Leave for a Current Servicemember under the FMLA
28M(b)
Military Caregiver Leave for a Veteran under the Family and Medical Leave Act
February 2024
7 minute read
View Summary
Fact Sheet #28M(b)
explains the provisions of the FMLA that allow eligible employees to take leave to care for a family member who is a covered veteran with a serious injury or illness.
Spanish
Military Caregiver Leave for a Veteran under the FMLA
28M(c)
Qualifying Exigency Leave under the Family and Medical Leave Act
February 2024
6 minute read
View Summary
Fact Sheet #28M(c)
explains the provisions of the FMLA that allow eligible employees to take leave for qualifying exigencies for certain reasons related to a family member’s foreign deployment.
Spanish
Qualifying Exigency Leave under the FMLA
28N
Joint Employment and Primary and Secondary Employer Responsibilities Under the Family and Medical Leave Act (FMLA)
January 2020
7 minute read
View Summary
Fact Sheet #28N
provides guidance on joint employment under the FMLA, including the different responsibilities of primary and secondary employers.
Joint Employment and Employer Responsibilities Under the FMLA
28O
Mental Health Conditions and the FMLA
May 2022
8 minute read
View Summary
Fact Sheet #28O
provides guidance on the FMLA's provisions for leave related to mental health conditions, including the types of conditions that may qualify.
Mental Health, FMLA
28P
Taking Leave from Work When You or Your Family Member Has a Serious Health Condition under the FMLA
10 minute read
View Summary
Fact Sheet #28P
provides information on the FMLA's provisions for employees to take leave to care for themselves or family members with a serious health condition, including the types of conditions that may qualify.
Taking Leave from Work When You or Your Family Member Has a Serious Health Condition under the FMLA
28Q
Taking Leave from Work for Birth, Placement, and Bonding with a Child under the FMLA
11 minute read
View Summary
Fact Sheet #28Q
provides guidance on the FMLA’s provisions for employees to use leave for birth, adoption, and foster care placement, and for bonding with a child.
Taking Leave from Work for Birth, Placement, and Bonding with a Child under the FMLA
28S
Rules for Certain School Employees under the Family and Medical Leave Act
9 minute read
View Summary
Fact Sheet #28S
explains rules for using FMLA leave that apply to certain employees of public and private elementary and secondary schools and public school boards.
Taking Leave from Work for Birth, Placement, and Bonding with a Child under the FMLA
30
Wage Garnishment Protections of the Consumer Credit Protection Act (CCPA)
December 2024
9 minute read
View Summary
Fact Sheet #30
provides guidance on wage garnishment limits and protections against discharge for one garnishment under the Consumer Credit Protection Act (CCPA).
Garnishment
31
Nursing Care Facilities under the Fair Labor Standards Act
July 2009
4 minute read
View Summary
Fact Sheet #31
provides information on the FLSA's minimum wage and overtime requirements for domestic service workers who provide nursing care, and explains which workers are covered and which are exempt.
Nursing Care Facilities
32
Youth Minimum Wage under the Fair Labor Standards Act
July 2008
6 minute read
View Summary
Fact Sheet #32
explains the provisions of the FLSA that allow employers to pay a lower minimum wage to employees under the age of 20 for their first 90 consecutive calendar days of employment. It also covers the rules for training wages and the subminimum wage for certain employees with disabilities.
Chinese
Korean
Thai
Vietnamese
Youth Minimum Wage
33
Residential Care Facilities (Group Homes) under the Fair Labor Standards Act
July 2008
3 minute read
View Summary
Fact Sheet #33
explains the requirements of the FLSA for group homes and facilities for individuals with intellectual or developmental disabilities, including the exemptions for certain employees and the rules for calculating overtime pay.
Tagalog
Residential Care Facilities, Group Homes
34
Important Changes in the Child Labor Laws Affecting the Driving of Automobiles and Trucks Under Hazardous Occupations Order No. 2
July 2008
4 minute read
View Summary
Fact Sheet #34
outlines the restrictions on the employment of minors in jobs involving the operation of motor vehicles, including the types of vehicles and equipment that minors are allowed to operate, the minimum age requirements, and the exemptions to these rules.
Child Labor, Driving Automobile & trucks
35
Joint Employment and Independent Contractors Under the Migrant and Seasonal Agricultural Worker Protection Act
January 2020
5 minute read
View Summary
Fact Sheet #35
provides guidance on how to determine whether a joint employment relationship exists under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), including how to determine if an individual is an independent contractor.
Independent Contractors, Joint Employment
36
Employee Polygraph Protection Act of 1988
July 2008
4 minute read
View Summary
Fact Sheet #36
provides an overview of the Employee Polygraph Protection Act (EPPA), which prohibits most private employers from using lie detector tests for pre-employment screening or during employment, and explains the limited exceptions to this rule.
Polygraph Protection Act
37
Application of the Federal Child Labor Provisions to Amusement Parks and Recreation Establishments
July 2010
4 minute read
View Summary
Fact Sheet #37
outlines the rules for the employment of minors in amusement parks and other recreational establishments, including the hours and types of work that are permitted for different age groups, and the required safety and health protections.
Recreation Establishments, Amusement Parks
38
Application of the Federal Child Labor Provisions of the Fair Labor Standards Act (FLSA) to Grocery Stores
July 2010
7 minute read
View Summary
Fact Sheet #38
outlines the rules for the employment of minors in grocery stores and other retail food establishments, including the types of work that are allowed for different age groups, the hours and times that minors are permitted to work, and the required safety and health protections.
Spanish
Polish
Grocery Stores, Supermarket, Meat Slicer, Trash Compactor, Baler, Hours Limits, Maximum Hours
39
The Employment of Workers with Disabilities at Subminimum Wages
July 2008
4 minute read
View Summary
Fact Sheet #39
provides information on the employment of workers with disabilities under section 14(c) of the FLSA. It includes coverage, the requirements for certification, commensurate wage rates, overtime, child labor and fringe benefits, and notification, and enforcement.
Subminimum Wages, Workers With Disabilities
39A
Fair Labor Standards Act (FLSA) Section 14(c) Certificate Application Policies and Procedures
June 2024
9 minute read
View Summary
Fact Sheet #39A
explains how employers can obtain a certificate from the Wage and Hour Division to pay subminimum wages to workers with disabilities under Section 14(c) of the FLSA. It provides information on the application process, the required documentation, and the criteria for approval.
Subminimum Wages, Certificates Under Section 14(c) of the FLSA, Workers With Disabilities
39B
Prevailing Wages and Commensurate Wages under Section 14(c) of the Fair Labor Standards Act (FLSA)
May 2009
8 minute read
View Summary
Fact Sheet #39B
provides guidance on the determination of prevailing wages and benefits for workers with disabilities who are paid subminimum wages under Section 14(c) of the FLSA, including the factors that must be considered and the procedures for conducting surveys and making determinations.
Subminimum Wages, Commensurate Wages Under Section 14(c), Workers With Disabilities
39C
Hours Worked and the Payment of Subminimum Wages to Workers with Disabilities under Section 14(c) of the Fair Labor Standards Act (FLSA)
July 2008
5 minute read
View Summary
Fact Sheet #39C
explains how hours worked are counted for workers with disabilities who are paid subminimum wages under Section 14(c) of the FLSA, including the rules for counting productive and non-productive time, and the recordkeeping requirements for employers.
Subminimum Wages, Hours Worked under Section 14(c) of the FLSA, Workers With Disabilities
39D
Incorporating Personal Time, Fatigue and Delay (PF&D) Allowances When Determining Piece Rates to be Paid Workers with Disabilities Receiving Subminimum Wages under Section 14(c) of the Fair Labor Standards Act (FLSA)
July 2008
6 minute read
View Summary
Fact Sheet #39D
explains how employers must compute piece rates to include personal time, fatigue and unavoidable delays (PF&D) when determining the wages of workers with disabilities who are paid subminimum wages under Section 14(c) of the FLSA.
Subminimum Wages, Personal Time, Fatigue and Delay Allowances Under Section 14(c), Piece Rates, Workers With Disabilities
39E
Determining Hourly Commensurate Wages to be Paid Workers with Disabilities under Section 14(c) of the Fair Labor Standards Act (FLSA)
July 2008
11 minute read
View Summary
Fact Sheet #39E
provides guidance on the use of hourly wages for workers with disabilities who are paid subminimum wages under Section 14(c) of the FLSA, including the requirements for determining the hourly rate when the job includes varied tasks and how to incorporate an employee’s job quality and quantity.
Subminimum Wages, Hourly Commensurate Wage Rates Under Section 14(c), Workers With Disabilities
39F
The Payment of Subminimum Wages to Workers with Disabilities Who Are Employed on Federal Service Contracts Subject to the McNamara-O'Hara Service Contract Act
July 2008
7 minute read
View Summary
Fact Sheet #39F
provides an overview of the application of Section 14(c) of the FLSA to contracts subject to the Service Contract Act (SCA), including the rules for determining the appropriate subminimum wage rates and required fringe benefits.
Subminimum Wages, Service Contracts Under Section 14(c), Workers With Disabilities
39H
Limitations on the Payment of Subminimum Wages under Rehabilitation Act Section 511
6 minute read
View Summary
Fact Sheet #39H
outlines the limitations on an employer’s ability to pay subminimum wages to workers with disabilities under Section 14(c) of the FLSA unless all services requirements of Rehabilitation Act Section 511 have been met.
Subminimum Wages, Workers With Disabilities
39H(A)
Pre-Employment Requirements for Youth with Disabilities under Rehabilitation Act Section 511
July 2022
6 minute read
View Summary
Fact Sheet #39H(A)
explains the Rehabilitation Act Section 511 pre-employment requirements for youth with disabilities who are seeking employment at subminimum wages under Section 14(c) of the FLSA, including the documentation that must be provided to the employer before subminimum wages can be paid.
Subminimum Wages, Workers With Disabilities
39H(B)
Limitations on the Payment of Subminimum Wages for All Employees under Rehabilitation Act Section 511
8 minute read
View Summary
Fact Sheet #39H(B)
provides an overview of the Rehabilitation Act Section 511 limitations on the payment of subminimum wages to all employees paid under Section 14(c) of the FLSA.
Subminimum Wages, Workers With Disabilities
39I
Adjusting Commensurate Wage Rates under a Section 14(c) Certificate after a Change in the Minimum Wage
March 2019
7 minute read
View Summary
Fact Sheet #39I
outlines the procedures that employers must follow when there is a change in the minimum wage and they employ workers with disabilities at subminimum wages under Section 14(c) of the FLSA.
Subminimum Wages, Workers With Disabilities
39J
Minimum Wages for Workers With Disabilities Under Executive Orders 13658 and 14026
December 2021
8 minute read
View Summary
Fact Sheet #39J
explains the impact of Executive Orders 13658 and 14026 on the wage rates paid to workers with disabilities employed under Section 14(c) of the FLSA performing on covered government contracts.
Subminimum Wages, Workers With Disabilities
40
Federal Child Labor Laws In Farm Jobs
December 2016
5 minute read
View Summary
Fact Sheet #40
provides an overview of the child labor provisions that apply to agricultural employment under the Fair Labor Standards Act (FLSA), including the age and hour restrictions for children working in agriculture, the occupations declared hazardous, the exemptions that apply to certain types of work, the recordkeeping requirements for employers, and the penalties for violations.
Spanish
Child Labor, Farm Jobs
41
Child Labor Compliance Survey Fact Sheet
July 2008
4 minute read
View Summary
Fact Sheet #41
explains the Child Labor Compliance Survey (CLS) program, which is designed to gather information about the employment of minors and the practices of employers in complying with child labor laws. The fact sheet also outlines the survey process and provides guidance on how to respond to a survey.
Child Labor
43
Child Labor Provisions of the Fair Labor Standards Act (FLSA) for Nonagricultural Occupations
December 2016
15 minute read
View Summary
Fact Sheet #43
provides an overview of the child labor provisions that apply to non-agricultural employment under the Fair Labor Standards Act (FLSA), including the age and hour restrictions for children working in non-agricultural occupations, the occupations declared hazardous, the exemptions that apply to certain types of work, hours and occupations standards for 14- and 15-year-old employees, the recordkeeping requirements for employers, and the penalties for violations.
Spanish
Child Labor, Youth employment, teen employment, teen workers, teen employees, prohibited occupations, hazardous occupations, prohibited jobs, hazardous jobs
44
Visits to Employers
January 2015
7 minute read
View Summary
Fact Sheet #44
provides information on the WHD's authority to conduct investigations and visit employers to ensure compliance with the FLSA.
Spanish
Samoan
Chinese Traditional
Chinese Simplified
Visits to Employers
45
Hotel and Motel Establishments Under the Fair Labor Standards Act (FLSA)
January 2020
5 minute read
View Summary
Fact Sheet #45
provides an overview of the FLSA's requirements for minimum wage, overtime pay, and recordkeeping in the hotel and motel industry.
Spanish
Hotel and Motel Establishments
46
Daycare Centers and Preschools Under the Fair Labor Standards Act (FLSA)
July 2009
5 minute read
View Summary
Fact Sheet #46
provides an overview of the FLSA's requirements for minimum wage, overtime pay, and recordkeeping in the daycare industry.
Daycare Centers and Preschools
47
Minimum Wage, Recordkeeping and Child Labor Requirements of U.S. Law Applicable to Foreign Commercial Vehicle Operators and Helpers
July 2009
2 minute read
View Summary
Fact Sheet #47
provides information on the FLSA's application to foreign commercial vehicle operators who engage in interstate commerce.
Spanish
Truck Drivers and Helpers
48
Application of U.S. Labor Laws to Immigrant Workers : Effect of Hoffman Plastic decision on laws enforced by the Wage and Hour Division
July 2008
3 minute read
View Summary
Fact Sheet #48
explains the legal process and standards for back wage claims under the FLSA, including the statute of limitations and damages.
Chinese
Korean
Spanish
Thai
Vietnamese
Undocumented Immigrant Workers
49
The Migrant and Seasonal Agricultural Worker Protection Act
July 2008
4 minute read
View Summary
Fact Sheet #49
provides information on the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) requirements for agricultural employers, including farm labor contractors and agricultural associations.
Spanish
Hmong
Creole
Undocumented Immigrant Workers
50
Transportation under the Migrant and Seasonal Agricultural Worker Protection Act
June 2016
13 minute read
View Summary
Fact Sheet #50
provides information on the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) requirements for transportation providers who transport migrant and seasonal agricultural workers.
Spanish
Transportation under MSPA
51
Field Sanitation Standards under the Occupational Safety and Health Act
July 2008
3 minute read
View Summary
Fact Sheet #51
provides information on the Occupational Safety and Health Act (OSH Act) field sanitation standard, which requires agricultural employers to provide certain sanitation facilities and practices for workers in the field.
Spanish
Field Sanitation Standards under OSHA, Farmworkers, Farm Employees, Agricultural Workers, Agricultural Employees, Ag Employees, Migrant Workers, Migrant Employees, Seasonal Workers, Seasonal Employees, Drinking Water, Toilets, Handwashing
52
The Health Care Industry and Youth Employment
July 2010
8 minute read
View Summary
Fact Sheet #52
explains the child labor requirements in the healthcare industry, including hours and occupations allowed for minors.
Child Labor, Health Care
53
The Health Care Industry and Hours Worked
July 2009
9 minute read
View Summary
Fact Sheet #53
provides guidance for healthcare employers on how to properly calculate hours worked under the Fair Labor Standards Act (FLSA).
Health Care
54
The Health Care Industry and Calculating Overtime Pay
July 2009
17 minute read
View Summary
Fact Sheet #54
explains the overtime requirements for healthcare employers under the FLSA, including exemptions and calculating overtime pay.
Health Care
55
Changes in the Rules on the Employment of Minors Exempt from Compulsory School Attendance in Businesses Where Machines Process Wood Products
July 2010
3 minute read
View Summary
Fact Sheet #55
outlines the hazardous occupations in the woodworking industry that are prohibited for minors under the child labor provisions of the FLSA.
Wood Processing Industries, Child Labor
56
Stock Options under the Fair Labor Standards Act (FLSA)
July 2008
3 minute read
View Summary
Fact Sheet #56
provides information on how stock options are treated under the FLSA's regular rate of pay calculation for overtime purposes.
Stock Options
56A
Overview of the Regular Rate of Pay Under the Fair Labor Standards Act (FLSA)
July 2008
3 minute read
View Summary
Fact Sheet #56A
explains how to calculate the regular rate of pay under the FLSA, including various types of compensation that must be included.
Regular Rate of Pay
56B
State and Local Scheduling Law Penalties and the Regular Rate under the Fair Labor Standards Act (FLSA)
December 2019
4 minute read
View Summary
Fact Sheet #56B
covers the FLSA's regular rate of pay requirement for scheduling penalties and provides examples of how to calculate overtime pay in these situations.
Regular Rate of Pay, State and Local Scheduling Law Penalties
56C
Bonuses under the Fair Labor Standards Act (FLSA)
December 2019
8 minute read
View Summary
Fact Sheet #56C
provides guidance on how to properly calculate bonuses and their impact on the regular rate of pay for overtime purposes under the FLSA.
Bonuses
57
Hazardous Occupations Order No. 12 . Rules for Employing Youth and the Loading of Power-Driven Balers and Compactors under the Fair Labor Standards Act (FLSA)
July 2010
4 minute read
View Summary
Fact Sheet #57
outlines the child labor requirements for operating balers and compactors, including the minimum age and prohibited activities.
Child Labor, Power-Driven Balers
58
Cooking and Baking under the Federal Youth Employment Provisions of Fair Labor Standards Act (FLSA)
July 2010
4 minute read
View Summary
Fact Sheet #58
explains the child labor requirements for cooking and baking occupations, including the minimum age and prohibited tasks.
Child Labor, Cooking and Baking
60
Application of the Federal Youth Employment Provisions of the Fair Labor Standards Act (FLSA) to the Employment of lifeguards
July 2010
7 minute read
View Summary
Fact Sheet #60
covers the child labor requirements for lifeguard positions, including the minimum age, training requirements, and prohibited tasks.
Child Labor, Lifeguard
61
Day Laborers Under the Fair Labor Standards Act (FLSA)
July 2009
3 minute read
View Summary
Fact Sheet #61
explains the FLSA requirements for day laborers, including overtime pay, recordkeeping, and other protections.
Spanish
Chinese
Korean
Thai
Vietnamese
Day Laborers
62
What are the requirements to participate in the H-1B program?
July 2008
3 minute read
View Summary
Fact Sheet #62
provides an overview of requirements for employers to comply with the H-1B program, including wage requirements, labor condition applications, and enforcement activities as well as additional requirements for H-1B dependent or willful violator employers.
H-1B, Requirements for participation
62A
Changes made by the H-1B Visa Reform Act of 2004
July 2008
3 minute read
View Summary
Fact Sheet #62A
summarizes the changes made by the H-1B Visa Reform Act of 2004, which includes provisions to protect American workers, improve visa program integrity, and enhance the enforcement capabilities of the Department of Labor.
H-1B, H-1B Visa Reform Act of 2004
62B
Who is an H-1B employer?
July 2008
2 minute read
View Summary
Fact Sheet #62B
provides guidance on who is considered an H-1B employer for purposes of determining whether an entity is subject to employer obligations under the program.
H-1B, H-1B employer
62C
Who is an H-1B-dependent employer?
July 2008
2 minute read
View Summary
Fact Sheet #62C
explains the additional requirements for H-1B dependent employers, including recruitment and displacement rules, and prohibited fees.
H-1B, H-1B dependent employer
62D
What records must be maintained by all H-1B employers?
July 2008
1 minute read
View Summary
Fact Sheet #62D
outlines the recordkeeping requirements for all H-1B employers, including documents that must be maintained and retention periods.
H-1B, Recordkeeping, general
62E
What additional records must be maintained by an H-1B-Dependent or Willful Violator employer?
July 2008
2 minute read
View Summary
Fact Sheet #62E
provides information on additional recordkeeping requirements for H-1B dependent and willful violator employers.
H-1B, Recordkeeping, H-1B dependent/willful violator
62F
What records must an H-1B employer make available to the public?
August 2010
2 minute read
View Summary
Fact Sheet #62F
provides an overview of H-1B employers’ public access records that must be maintained and made available to the public under the H-1B program.
H-1B, Recordkeeping for public view
62G
Must an H-1B worker be paid a guaranteed wage?
July 2008
3 minute read
View Summary
Fact Sheet #62G
covers the required wage for H-1B workers, including how to determine the appropriate wage level and the potential consequences for noncompliance.
H-1B, Required Wage
62H
What are the rules concerning deductions from an H-1B worker’s pay?
August 2009
2 minute read
View Summary
Fact Sheet #62H
explains the permissible and impermissible pay deductions for H-1B workers under the Immigration and Nationality Act (INA) and how employers can avoid violations.
H-1B, Deductions from H-1B worker’s pay
62I
Must an H-1B employer pay for nonproductive time?
November 2016
3 minute read
View Summary
Fact Sheet #62I
outlines the rules surrounding nonproductive time for H-1B workers, including when it can be excluded from the required wage and when it must be paid.
H-1B, Non-productive time wages
62J
What does “place of employment” mean?
July 2008
4 minute read
View Summary
Fact Sheet #62J
explains the worksite requirements for H-1B employers, including how to properly file a Labor Condition Application (LCA) for each geographic area of employment.
H-1B, Place of employment
62K
What is the short-term placement option?
July 2008
3 minute read
View Summary
Fact Sheet #62K
explains the rules and requirements for placing an H-1B worker in a place of employment that is not listed on an existing certified Labor Condition Application (LCA) under the short-term placement provision without filing a new LCA.
H-1B, Place of employment
62L
What benefits must be offered to H-1B workers?
July 2008
1 minute read
View Summary
Fact Sheet #62L
provides general information on benefits for H-1B workers, which must be offered on the same basis and criteria as benefits provided to similarly employed U.S. workers.
H-1B, Benefits offered to H-1B workers
62M
What are an H-1B employer’s notification requirements?
August 2009
2 minute read
View Summary
Fact Sheet #62M
describes the notification requirements for H-1B employers, including how to provide notice of the filing of the Labor Condition Application (LCA) to U.S. workers as well as to H-1B workers.
H-1B, Notice
62N
What are the limitations on displacement of U.S. workers by H-1B workers?
January 2025
3 minute read
View Summary
Fact Sheet #62N
explains the rules regarding limitations on the displacement of U.S. workers by H-1B workers and outlines the remedies available to U.S. workers who have been displaced.
H-1B, Displacement under H-1B
62O
Must an H-1B employer recruit U.S. workers before seeking H-1B workers?
January 2025
3 minute read
View Summary
Fact Sheet #62O
describes the recruitment requirement for H-1B dependent or willful violator employers.
H-1B, Recruitment; US workers
62P
When recruiting, must an employer use procedures that meet “industry-wide” standards?
July 2008
1 minute read
View Summary
Fact Sheet #62P
explains the recruitment standards that employers must follow when seeking to hire H-1B workers and outlines the documentation required to show compliance.
H-1B, Recruitment; industry-wide standards
62Q
What are “exempt” H-1B nonimmigrants?
July 2008
3 minute read
View Summary
Fact Sheet #62Q
explains the definition of an exempt H-1B worker and provides guidance concerning relief from additional non-displacement and recruitment obligations for H-1B dependent and willful violator H-1B employers.
H-1B, Exempt H-1B workers
62R
What protections are there for “whistleblowers”?
November 2016
2 minute read
View Summary
Fact Sheet #62R
explains the protections available to H-1B whistleblowers who report violations of the program, including retaliation protections as well as available penalties and remedies.
H-1B, Whistleblowers
62S
What is a willful violator employer?
July 2008
2 minute read
View Summary
Fact Sheet #62S
provides general information concerning willful violator employers under the H-1B program and explains the consequences for willful violator employers who willfully violate the H-1B visa program, including monetary penalties and debarment from future program participation.
H-1B, Willful violators
62T
What is good faith compliance or conformity?
July 2008
1 minute read
View Summary
Fact Sheet #62T
provides general information on the “good faith” compliance or conformity provision under the H-1B program.
H-1B, Compliance (Good Faith)/Conformity
62U
What is the Wage and Hour Division’s enforcement authority under the H-1B program?
November 2016
4 minute read
View Summary
Fact Sheet #62U
outlines the enforcement authority of the Wage and Hour Division with regard to the H-1B visa program, including the ability to investigate complaints and impose remedies and penalties.
H-1B, Enforcement Authority
62V
At which point must an H-1B employer secure a new Labor Condition Application (LCA) when the location of work changes?
July 2008
1 minute read
View Summary
Fact Sheet #62V
provides information on when an H-1B employer must secure a new Labor Condition Application (LCA) when the location of work changes.
H-1B, LCA needed
62W
What is “Portability” and to whom does it apply?
November 2016
1 minute read
View Summary
Fact Sheet #62W
explains the rules regarding H-1B portability, which allows certain H-1B workers to change employers without losing their immigration status.
H-1B, Portability
62X
What are the requirements to participate in the H-1B1 program?
July 2008
2 minute read
View Summary
Fact Sheet #62X
provides information on the H-1B1 visa program, which is a subcategory of the H-1B visa program that is available to workers from Chile and Singapore.
H-1B, H-1B1
62Y
What are the requirements to participate in the E-3 program?
November 2023
4 minute read
View Summary
Fact Sheet #62Y
outlines the E-3 visa program for Australian nationals in specialty occupations. Requirements include a U.S. job offer, filing an LCA, and compliance with wage and working condition standards.
H-1B, E-3
63
Application of Federal Labor Laws to Reforestation
July 2010
8 minute read
View Summary
Fact Sheet #63
provides general information concerning the laws administered and enforced by the Wage and Hour Division that apply to reforestation workers.
Reforestation
63A
Application of Federal Labor Laws to Pine Straw
December 2012
10 minute read
View Summary
Fact Sheet #63A
explains how federal labor laws apply to workers engaged in activities in connection with the raking, gathering, baling, and loading of pine straw.
Pine Straw Industry
64
Call Centers under the Fair Labor Standards Act (FLSA)
July 2008
4 minute read
View Summary
Fact Sheet #64
explains the FLSA requirements for call center employees, including minimum wage, overtime pay, and recordkeeping.
Call Centers
65
Rounding Practices for Student-Learners Earning Subminimum Wages
July 2009
2 minute read
View Summary
Fact Sheet #65
explains the FLSA requirements for student-learners who are engaged in vocational education programs and who are also employed in certain jobs.
Rounding Practices for Student-Learners Earning Subminimum Wages
66
The Davis-Bacon and Related Acts (DBRA)
March 2022
4 minute read
View Summary
Fact Sheet #66
provides an overview of the David-Bacon and Related Acts, which requires contractors and subcontractors to pay prevailing wages and benefits to laborers and mechanics working on federally-funded construction projects.
Davis-Bacon and Related Acts (DBRA)
66A
Bipartisan Infrastructure Law
5 minute read
View Summary
Fact Sheet #66A
explains how the Davis-Bacon and Related Acts applies to different types of federal or federally assisted construction projects.
Davis-Bacon and Related Acts (DBRA)
66B
Interplay Between the Davis-Bacon and Related Acts, the McNamara-O'Hara Service Act, and the Walsh-Healey Public Contracts Act
5 minute read
View Summary
Fact Sheet #66B
details the requirements and interactions between three government contract statutes: the Davis-Bacon and Related Acts (DBRA), the McNamara-O'Hara Service Contract Act (SCA), and the Walsh-Healey Public Contracts Act (PCA).
Davis-Bacon and Related Acts (DBRA)
66C
The Davis-Bacon and Related Acts: Labor Standards Clauses and Subcontract Agreements
5 minute read
View Summary
Fact Sheet #66C
details the obligations of contractors under the Davis-Bacon and Related Acts (DBRA) to include specific labor standards clauses and wage determinations in subcontract agreements.
Davis-Bacon and Related Acts (DBRA)
66D
Application of General Wage Determinations to Davis-Bacon and Related Act Projects
5 minute read
View Summary
Fact Sheet #66D
The Davis-Bacon and Related Acts (DBRA) mandates contractors on federally funded construction projects to pay locally prevailing wages, with the Wage and Hour Division (WHD) providing general wage determinations for most counties.
Davis-Bacon and Related Acts (DBRA)
66E
The Davis-Bacon and Related Acts – Compliance with Fringe Benefit Requirements
5 minute read
View Summary
Fact Sheet #66E
The Davis-Bacon and Related Acts (DBRA) ensure that workers on federally funded construction projects receive prevailing wages, comprising both hourly rates and fringe benefits.
Davis-Bacon and Related Acts (DBRA)
67
The McNamara-O’Hara Service Contract Act (SCA)
July 2009
4 minute read
View Summary
Fact Sheet #67
explains the Service Contract Act, which requires contractors and subcontractors to pay prevailing wages and benefits to service employees working on certain federal contracts.
McNamara-O’Hara Service Contract Act (SCA)
67B
Meeting Requirements for Service Contract Act (SCA) Fringe Benefits
December 2023
9 minute read
View Summary
Fact Sheet #67B
provides guidance on complying with the fringe benefit requirements of the SCA, including information on bona fide fringe benefits, meeting health and welfare, vacation, and holiday benefit requirements, and recordkeeping obligations for federal service contractors.
McNamara-O’Hara Service Contract Act (SCA)
67C
Application of the McNamara-O’Hara Service Contract Act (SCA) to U.S. Postal Service Mail Haul Contracts
December 2023
11 minute read
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Fact Sheet #67C
provides information on the application of the SCA to USPS mail haul contracts, covering topics such as wage and fringe benefit requirements, recordkeeping obligations, typical compliance issues, and frequently asked questions specific to mail haul contractors.
McNamara-O’Hara Service Contract Act (SCA)
68
What Constitutes a Full-Time Employee Under H-1B Visa Program?
July 2009
2 minute read
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Fact Sheet #68
provides general information on full-time and part-time employment of H-1B workers and the H-1B employer’s wage payment obligations.
Full-Time Employee under H-1B Visa Program
69
Requirements to Participate in the H-2B Program
October 2009
5 minute read
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Fact Sheet #69
explains the requirements for employers who participate in the H-2B temporary non-agricultural worker visa program.
Spanish
H-2B
70
Frequently Asked Questions Regarding Furloughs and Other Reductions in Pay and Hours Worked Issues
September 2019
9 minute read
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Fact Sheet #70
explains how the Fair Labor Standards Act applies to employees who are furloughed or have their work hours reduced, including requirements for minimum wage and overtime pay.
Furloughs, Reductions in Pay
71
Internship Programs Under The Fair Labor Standards Act
January 2018
3 minute read
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Fact Sheet #71
explains the Fair Labor Standards Act (FLSA) requirements for unpaid internships and the criteria that must be met for an intern to be considered an employee under the FLSA.
Internships, FLSA
72
Employment & Wages Under Federal Law During Natural Disasters & Recovery
July 2019
3 minute read
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Fact Sheet #72
explains how the Fair Labor Standards Act (FLSA) applies to workers who are involved in disaster recovery efforts.
Chinese
Spanish
Vietnamese
Natural Disasters & Recovery
72A
Major Disaster Claims Adjusters Under the Fair Labor Standards Act
November 2019
3 minute read
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Fact Sheet #72A
explains the Fair Labor Standards Act (FLSA) provision that allows certain claims adjusters to receive overtime pay for hours worked in excess of 40 hours per week during a major disaster or emergency.
Natural Disasters & Recovery, FLSA
73
FLSA Protections for Employees to Pump Breast Milk at Work
December 2025
7 minute read
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Fact Sheet #73
explains the Fair Labor Standards Act (FLSA) protections for employees to pump breast milk at work, including that employers provide reasonable break time and a place, other than a bathroom, shielded from view, free from intrusion, and functional as a space for pumping breast milk.
Spanish
Nursing Mothers
73A
Space Requirements for Employees to Pump Breast Milk at Work under the FLSA
August 2024
7 minute read
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Fact Sheet #73A
summarizes the space requirements for employees to pump breast milk at work, under the Fair Labor Standards Act.
73B
Transportation Industry Exemptions from the FLSA’s Pump at Work Provisions
December 2025
7 minute read
74
Employment of Youth in Roofing Occupations and On Roofs under the FLSA
July 2010
3 minute read
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Fact Sheet #74
provides information on the Fair Labor Standards Act (FLSA) child labor provisions that prohibit workers under the age of 18 from roofing work.
Spanish
Child Labor, Roofing
75
Youth Peddling under the FLSA
July 2010
3 minute read
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Fact Sheet #75
provides information on the Fair Labor Standards Act (FLSA) child labor provisions that prohibit workers under the age of 18 from peddling goods or services on public roads.
Child Labor
76
Car Wash and Auto Detailing Establishments Under the Fair Labor Standards Act (FLSA)
November 2010
5 minute read
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Fact Sheet #76
provides guidance on the application of Fair Labor Standards Act (FLSA) minimum wage and overtime requirements to employees working at car wash establishments.
Spanish
Auto Detailing and Car Wash
77A
Prohibiting Retaliation Under the Fair Labor Standards Act (FLSA)
December 2011
2 minute read
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Fact Sheet #77A
provides information on the Fair Labor Standards Act (FLSA) anti-retaliation provision that prohibits employers from retaliating against employees who have exercised their rights under the law.
Chinese
Hindi
Korean
Polish
Portuguese
Punjabi
Russian
Tagalog
Spanish
Thai
Turkish
Urdu
Prohibiting Retaliation, FLSA
77B
Protection for Individuals under the FMLA
December 2011
2 minute read
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Fact Sheet #77B
provides information on the Family and Medical Leave Act (FMLA) anti-retaliation provision that prohibits employer from retaliating against employees who have exercised or attempted to exercise their rights under the law.
Protection for Individuals under the FMLA
77C
Prohibiting Retaliation Under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
December 2011
3 minute read
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Fact Sheet #77C
provides information on the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) anti-retaliation provisions that prohibit employers from retaliating against migrant and seasonal agricultural workers who have asserted their rights under the law.
Spanish
Prohibiting Retaliation, MSPA
77D
Retaliation Prohibited under the H-2A Temporary Visa Program
April 2012
2 minute read
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Fact Sheet #77D
provides information on the H-2A temporary agricultural worker program's anti-retaliation provisions that prohibit employers from retaliating against H-2A workers and workers in corresponding employment who have asserted their rights under the law.
Spanish
Retaliation Prohibited, H-2A
78
General Overview of the H-2B Program
11 minute read
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Fact Sheet #78
provides an overview of the H-2B temporary non-agricultural worker program, which permits employers to hire foreign workers to perform non-agricultural labor or services in the United States.
H-2B
78A
Corresponding Employment Under the H-2B Program
4 minute read
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Fact Sheet #78A
provides information on the H-2B program's corresponding employment requirement, which requires employers to offer the same employment terms and conditions to U.S. workers and H-2B workers performing the same job.
Corresponding Employment, H-2B
78B
Recruiting Requirements under the H-2B Program
10 minute read
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Fact Sheet #78B
provides information on the H-2B program's recruitment requirements, which require employers to actively recruit U.S. workers and ensure that H-2B workers do not displace U.S. workers.
Recruiting Requirements, H-2B
78C
Wage Requirements under the H-2B Program
5 minute read
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Fact Sheet #78C
provides information on the H-2B program's wage requirements, which require employers to pay H-2B workers the prevailing wage and to provide certain employment benefits.
Wage Requirements, H-2B
78D
Deductions and Prohibited Fees under the H-2B Program
3 minute read
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Fact Sheet #78D
explains the types of deductions that are permissible from an H-2B worker’s pay and those that are prohibited.
Deductions and Prohibited Fees, H-2B
78E
Job Hours and the Three-Fourths Guarantee
7 minute read
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Fact Sheet #78E
explains the maximum allowable work hours for H-2B nonimmigrants, and the overtime pay requirements for such workers.
Job Hours and the three-Fourths Guarantee, H-2B
78F
Inbound and Outbound Transportation Expenses, and Visa and Other Related Fees under the H-2B Program
7 minute read
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Fact Sheet #78F
provides information on the fees associated with the H-2B program and who is responsible for paying them.
Inbound and Outbound transportation Expenses, and Visa and Other Related Fees
78G
Disclosure of the Job Order and Notice of Worker Rights under the H-2B Program
3 minute read
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Fact Sheet #78G
describes an H-2B employer's requirement to provide a written disclosure of workers' rights and protections under federal immigration, labor, and employment laws.
Disclosure of the Job Order and Notice of Worker Rights
78H
Retaliation Prohibited under the H-2B Temporary Visa Program
3 minute read
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Fact Sheet #78H
provides information on the anti-retaliation provisions of the H-2B program, including the worker’s right to file a complaint and the consequences of retaliating against a worker for exercising their rights or participating in matters protected under the H-2B program.
Retaliation Prohibited, H-2B
78I
Record Retention Requirements under the H-2B Program
4 minute read
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Fact Sheet #78I
outlines the record retention requirements that employers must follow when participating in the H-2B program.
Record Retention Requirements, H-2B
78J
Employer Obligations Under the Temporary H-2B Visa Cap Increase for the Period April 1, 2022 to September 30, 2022
6 minute read
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Fact Sheet #78J
describes the employer obligations under the Temporary H-2B Visa Cap and the consequences of failing to meet those obligations.
Employer Obligations Under the Temporary H-2B Visa Cap Increase
78K
Employer Obligations Under the Temporary H-2B Visa Cap Increase for Fiscal Year 2023
August 2023
6 minute read
View Summary
Fact Sheet #78K
details employer obligations under the Temporary H-2B Visa Cap Increase for Fiscal Year 2023, which adds 64,716 additional H-2B visas, with 20,000 reserved for specific nations.
H2A, H-2B Visa Cap Increase, Employer Obligations, Supplemental Recruitment, USCIS Procedures, COVID-19 Worker Protections
79
Private Home and Domestic Service Employment Under the Fair Labor Standards Act
September 2013
4 minute read
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Fact Sheet #79
provides an overview of the application of the Fair Labor Standards Act to employees who perform domestic service in a private home, such as nannies, housekeepers, and caretakers.
Spanish
Chinese
Home Health Care Industry, FLSA
79A
Companionship Services Under the Fair Labor Standards Act (FLSA)
September 2013
5 minute read
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Fact Sheet #79A
explains the FLSA’s “companionship services” exemption, which allows certain domestic service workers to be exempt from minimum wage and overtime requirements.
Chinese
Home Health Care Industry, FLSA
79B
Live-in Domestic Service Workers Under the Fair Labor Standards Act (FLSA)
September 2013
6 minute read
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Fact Sheet #79B
explains the rules that apply to live-in domestic service employees under the FLSA, including minimum wage, overtime, and sleeping time requirements.
Chinese
Tagalog
Home Health Care Industry, FLSA
79C
Recordkeeping Requirements for Individuals, Families, or Households Who Employ Domestic Service Workers Under the Fair Labor Standards Act (FLSA)
September 2013
4 minute read
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Fact Sheet #79C
explains the recordkeeping requirements for employers who employ domestic service workers in a private home.
Chinese
Home Health Care Industry, FLSA
79D
Hours Worked Applicable to Domestic Service Employment Under the Fair Labor Standards Act (FLSA)
April 2016
10 minute read
View Summary
Fact Sheet #79D
explains the rules governing hours worked and compensable time for domestic service employees, including travel time, sleep time, and meal breaks.
Home Health Care Industry, FLSA
79F
Paid Family or Household Members in Certain Medicaid-Funded and Certain Other Publicly Funded Programs Offering Home Care Services Under the Fair Labor Standards Act (FLSA)
June 2014
10 minute read
View Summary
Fact Sheet #79F
explains the application of the FLSA to publicly funded programs that provide services to the elderly or disabled in a private home.
Chinese
Home Health Care Industry, FLSA
79G
Application of the Fair Labor Standards Act to Shared living Programs, including Adult Foster Care and Paid Roommate Situations
March 2014
25 minute read
View Summary
Fact Sheet #79G
explains the application of the FLSA to shared living arrangements in which a domestic service employee lives in the home of an elderly or disabled person.
Chinese
Home Health Care Industry, FLSA
80
The Prohibition against Shipment of “Hot Goods” Under the Fair Labor Standards Act
October 2014
5 minute read
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Fact Sheet #80
explains the “hot goods” provision of the FLSA, which prohibits employers from shipping or selling goods produced in violation of minimum wage or overtime requirements.
Hot Goods, FLSA
81
The Davis-Bacon Wage Survey Process
June 2021
4 minute read
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Fact Sheet #81
provides guidance on the Davis-Bacon Act's survey process and requirements for contractors and subcontractors.
Spanish
Davis-Bacon and Related Acts (DBRA)
82
Fluctuating Workweek Method of Computing Overtime Under the Fair Labor Standards Act (FLSA) / “Bonus Rule” Final Rule
July 2020
7 minute read
View Summary
Fact Sheet #82
explains the FLSA’s bonus rule, which requires that certain types of bonuses be included in an employee’s regular rate of pay for purposes of calculating overtime pay.
Fluctuating Workweek
83A
Establishing a Minimum Wage for Contractors Under Executive Order 13658
7 minute read
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Fact Sheet #83A
explains the minimum wage requirements for federal contractors under Executive Order 13658.
Federal Contractors
84
Paid Sick Leave for Federal Contractors
January 2025
7 minute read
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Fact Sheet #84
explains how Executive Order 13706 requires certain federal contractors to provide employees with up to seven days of annual paid sick leave for personal or family health needs, including situations involving domestic violence, sexual assault, or stalking, with specific rules around accrual, usage, and interaction with other laws.
Federal Contractors
85
Collective Bargaining Agreements and Section 4(c) of the Service Contract Act
January 2025
5 minute read
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Fact Sheet #85
explains how The McNamara-O'Hara Service Contract Act requires successor contractors on federal service contracts to maintain the wages and benefits established in the predecessor's collective bargaining agreement. This provision applies across various scenarios like contract interruptions or reconfigurations, and is self-executing even if not explicitly incorporated into the new contract.
The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.