Seyfarth Synopsis: In a welcome development for employers navigating complex federal employment laws, the U.S. Department of Labor has announced the re-launch of its opinion letter program across several agencies...
United States Employment and HR
Seyfarth Synopsis: In a welcome development for employers navigating complex federal employment laws, the U.S. Department of Labor has announced the re-launch of its opinion letter program across several agencies, including the Wage and Hour Division (WHD). The move may also reflect a broader shift in how the DOL will leverage its potentially reduced resources—aiming to maximize impact through a collaborative, guidance-driven approach.
Ever wish you could ask the Department of Labor: "What if we do this?" Good news: you can again.
On June 2, 2025, the DOL announced the return of its opinion letter program. The move equips compliance-minded employers with a potentially useful tool for navigating gray areas under federal employment laws enforced by the DOL. But like most things in this space, this development comes with important nuances that demand caution and understanding.
Old Creature, New Life
Opinion letters—which are official, written responses to fact-specific legal inquiries—have long served as a tool for interpreting federal employment laws in real-world contexts.
Though not new, their usage has ebbed and flowed with political tides. By way of example, WHD issued over 70 opinion letters concerning the federal Fair Labor...
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