Since the enactment of the Fair Labor Standards Act (FLSA) in the late 1930s, the U.S. Department of Labor (DOL) has issued opinion letters as a means of providing guidance to workers, employers, and other stakeholders regarding the application of federal employment laws. These opinion letters serve as official written interpretations, clarifying how applicable laws govern specific factual circumstances presented by individuals and organizations. In addition to providing clarity, such letters afford recipients a potential good faith reliance defense for actions that may otherwise constitute violations, including those under the FLSA. The opinion letter program, however, has experienced periods of both activity and dormancy throughout its history, due in part to different administrations’ viewpoints on the value of such fact-specific letters.
In 2010, for example, former President Barack Obama’s administration suspended the practice of issuing opinion letters, shifting the focus to more broadly applicable “administrator interpretations” that provided more general interpretations of the law, rather than responses to specific workplace questions. In 2017, President Donald Trump’s first administration reinstated the opinion letter practice, issuing letters throughout the administration and reissuing certain previously withdrawn letters. Subsequently, former President Joe Biden’s administration took a more restrained approach, issuing a limited number of new opinion letters...
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