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The Employer Handbook Blog
The DOL Just Relaunched Opinion Letters—Here’s Why That Matters for Employers
On Monday, June 2, the U.S. Department of Labor (DOL) announced the relaunch and expansion of its opinion letter program. This move reinstates a valuable compliance tool for employers, particularly those navigating complex wage-and-hour for Family and Medical Leave Act regulations.
TL;DR: The DOL has revived and broadened its opinion letter program across multiple sub-agencies. For employers, this means increased opportunities to obtain clear, written guidance directly from the DOL, potentially mitigating legal risks. This initiative signals a return to a more proactive, employer-focused regulatory approach, reminiscent of strategies employed during previous Republican administrations.
DOL Opinion Letters Are Back—And Employers Should Pay Attention
On June 2, the Wage and Hour Division (WHD) announced the formal relaunch of its opinion letter program, reinstating a longstanding mechanism for providing case-specific guidance under laws such as the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). Additionally, the DOL is expanding this model across five of its sub-agencies, including the Employee Benefits Security Administration, Occupational Safety and Health Administration (OSHA), and Veterans’ Employment and Training Service (VETS).
This initiative marks a return to a more proactive compliance-assistance philosophy—one that emphasizes addressing employers’ specific legal questions before issues arise.
What Are Opinion Letters—and Why Should You Care?
The DOL describes an opinion letter as an official, written response from the DOL to a specific, fact-based inquiry, typically submitted by an employer or their legal counsel. The agency applies federal labor law to the presented scenario and issues a public letter detailing how it would interpret and enforce the law in that context.
For employers, opinion letters offer three major benefits:
- Clarity: They provide answers to complex compliance questions—such as handling FMLA leave during holidays or structuring tip pools legally.
- Safe Harbor: Employers who rely on a DOL opinion letter in good faith may use it as a defense against liability under the FLSA, even if the interpretation changes later.
- Strategic Certainty: Opinion letters enable businesses to confidently structure policies, knowing that the agency has already evaluated similar facts.
A Pendulum That Swings with Politics
This relaunch reflects a broader shift in federal labor policy.
- Under Republican administrations, opinion letters have been prevalent. The Bush and Trump administrations issued them regularly, viewing them as practical tools to promote voluntary compliance.
- Under Democratic administrations, the program has often been reduced or paused. President Obama ceased issuing opinion letters in 2010, replacing them with broader “Administrator’s Interpretations.” President Biden resumed limited issuance but also rescinded multiple Trump-era letters early in his term.
- The result? The number of opinion letters dropped from dozens per year under Trump to single digits under Biden.
The June 2 announcement realigns the agency with the compliance-assistance model of earlier Republican years: encouraging businesses to seek guidance, obtain answers, and act accordingly—with fewer surprises down the road.
What Employers Should Do Now
If you’re in HR, compliance, or legal, here’s what this change means for you:
- Know When to Ask: If your company faces an unclear FLSA, FMLA, or contractor classification issue, consider submitting a request for an opinion letter. A favorable response can offer legal protection and strategic guidance for others in your industry.
- Track New Letters: The DOL posts them publicly, so even if you don’t submit a question, you can benefit from others who do.
- Adjust Policies Accordingly: If a new letter aligns with your practice, that’s great. If it contradicts your current policies, it’s time to revisit them before facing potential lawsuits or investigations.
- Watch for Reversals: These letters can be rescinded by a future administration. And with the Supreme Court’s decision in Loper Bright, courts may no longer defer to agency interpretations of ambiguous statutes. That means opinion letters still have value—but less guaranteed legal weight. Employers should document their reliance and watch how courts apply agency guidance going forward.
Final Thought:
The DOL’s decision to bring back opinion letters isn’t just administrative housekeeping. It’s a renewed invitation to employers: Ask us how the law applies, and we’ll tell you. That kind of regulatory transparency tends to be sporadic—and when it is offered, smart employers take advantage.
For more details, you can read the official DOL announcement here: U.S. Department of Labor launches opinion letter program across five agencies to expand compliance assistance.