PUBLICATIONS

On June 2, 2025, the Department of Labor (DOL) launched its Opinion Letter program. Opinion Letters are official written responses from the DOL that explain how it would apply statutes and regulations under particular facts presented by a requesting party. Although not legally binding and unable to override existing statutes and regulations, these letters offer authoritative insight into the Department’s enforcement approach and are often relied upon by employers to navigate complex compliance obligations. In certain cases, such as under the Fair Labor Standards Act, reliance on an opinion letter can support a good faith defense and limit liability.

The program includes participation from five DOL enforcement agencies within the Department:

• The Wage and Hour Division will issue opinion letters.
• The Occupational Safety and Health Administration will provide letters of interpretation.
• The Employee Benefits Security Administration will release advisory opinions and information letters.
• The Veterans’ Employment and Training Service (VETS) will issue opinion letters.
• The Mine Safety and Health Administration will provide compliance assistance resources through its new MSHA Information Hub. 

According to Deputy Secretary of Labor Keith Sonderling, the program is designed to “promote clarity, consistency, and transparency in the application of federal labor standards.” Any interested party, including employers, employees, and unions, may submit requests, particularly in cases where existing laws are unclear or do not fully address specific workplace scenarios.

As the administration continues to shift its enforcement priorities and reinterpret employer obligations under federal law, these Opinion Letters may become a vital resource in an employer’s compliance toolkit. For instance, the DOL’s FY 2026 budget proposal calls for the elimination of the Office of Federal Contract Compliance Programs (OFCCP) and the transfer of VEVRAA enforcement to an agency covered by the Opinion Letter Program: VETS. This proposed restructuring raises questions about how longstanding affirmative action obligations for federal contractors will be interpreted; an issue that may be well-suited for clarification through the Opinion Letter program.

The Department of Labor has launched a new webpage for requesters to submit requests for agency interpretation. Employers can use it if their inquiry falls under the jurisdiction of one of five participating agencies.