On June 2, 2025, the DOL announced its plan to broaden and expand its opinion letter program across five subagencies.* This is a change in federal labor policy from the prior administration.
WHAT ARE OPINION LETTERS? An official, written response from a department about how a law applies to a particular set of facts (according to the DOL.)
WHAT IS THE POINT? To provide clarity and consistency and encourage “voluntary compliance” through informed decision making.
DO THEY HAVE ANY TEETH? The opinion letters do not have the force of law but they are an indication of how the federal agencies will apply current law. They are an important resource and can be used as a good faith defense if your business requests an opinion letter on an issue.
WHAT SHOULD I DO NOW?
The relaunch of opinion letters is not just busy work for the DOL. It signals a more proactive approach to compliance. Employers should:
- Track new letters (or regularly read this blog because we do);
- Watch for reversals of past letters;
- Adjust policies if new opinions run counter to your current policies; and
- Request an opinion letter here as guidance and possible legal protection if you have an issue not addressed in current opinions.
TAKEAWAY:
This move makes sense for an Administration that wants to make changes to how agencies–and employers–operate under current law. We expect lots of opinion letters and will keep you up to date!
QUESTIONS? We can help.
*The five agencies: Wage and Hour; OSHA; Employee Benefits Security Administration; Veteran’s Employment and Training Service; and the Mine Safety and Health Administration.