On June 2, 2025, the U.S. Department of Labor (DOL) announced a significant relaunch and broadening of its Opinion Letter Program, a long-standing initiative aimed at helping the public navigate complex labor law questions. The Program provides formal, written interpretations of how DOL enforcement agencies would apply federal labor laws in particular workplace situations.
These opinion letters are a valuable compliance resource for employers, employees, and their advisors. They offer clarity on how the law applies to specific factual scenarios and can be requested by anyone—businesses, trade associations, unions, or individuals—seeking guidance on nuanced or uncertain areas of the law.
Expanded Scope Across DOL Agencies
The newly relaunched Program now encompasses five major DOL enforcement agencies, each contributing to the initiative through distinct forms of interpretive guidance:
- Wage and Hour Division (WHD): Will resume issuing formal opinion letters on matters such as wage payment obligations, exemptions under the Fair Labor Standards Act (FLSA), and leave requirements under the Family and Medical Leave Act (FMLA).
- Veterans’ Employment and Training Service (VETS): Will also issue opinion letters related to veterans’ employment protections.
- Occupational Safety and Health Administration (OSHA): Will provide interpretive letters clarifying workplace safety and health regulations.
- Employee Benefits Security Administration (EBSA): Will issue information letters and advisory opinions addressing questions under ERISA and related employee benefits laws.
- Mine Safety and Health Administration (MSHA): Will disseminate regulatory updates, training materials, and other forms of compliance guidance through a new centralized information hub.
Historical Context and Administrative Trends
The DOL’s approach to opinion letters has fluctuated across administrations. The Obama-era DOL discontinued the use of WHD opinion letters in favor of more general administrator interpretations. The Trump administration reinstated the practice, resulting in the issuance of over 70 letters between 2018 and early 2021. The Biden administration scaled back the volume of such guidance, issuing only a limited number during its term.
This latest relaunch signals a renewed emphasis—under the current administration—on proactive compliance assistance, transparency, and greater stakeholder engagement.
Benefits of the Opinion Letter Program
The expanded Program offers several key advantages to the regulated community:
- Proactive Risk Mitigation: Employers can seek preemptive guidance on legal gray areas, potentially reducing the likelihood of enforcement actions or litigation.
- Policy Insight: Letters may reflect evolving interpretations of labor laws and provide early indications of shifting enforcement priorities.
- Centralized Access and Submission Portal: The DOL has launched a dedicated website where the public can access existing guidance and obtain instructions for submitting new requests for opinion letters or related interpretations.
Practical Considerations for Employers
While opinion letters can serve as persuasive authority in court and provide a strong foundation for compliance efforts, they are not binding on courts and do not carry the same weight as formal regulations. Moreover, not every request results in the issuance of an opinion letter, and the DOL exercises discretion in determining which inquiries merit a response.
Employers should consider working with experienced legal counsel to:
- Assess whether an opinion letter request is appropriate for a particular workplace issue,
- Frame and submit the request in a way that enhances the likelihood of a favorable and actionable response, and
- Align internal policies with the latest DOL guidance to strengthen compliance and limit exposure.
If you have any questions regarding the Opinion Letter Program, please contact any member of the Forework team.