DOL Opinion Letters Reinstated

On June 27, 2017, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) announced it will reinstate the issuance of opinion letters. An opinion letter provides employers and employees with the DOL’s official written opinion of how a particular WHD law, such as the Fair Labor Standards Act (FLSA) or the Family and Medical Leave Act (FMLA), applies to a specific set of facts presented by the requesting entity. A longstanding DOL practice, the letters were discontinued in 2010 and replaced by “Administrator Interpretations,” or general guidance. To submit a request for an opinion letter or see if previously issued opinion letters already address a similar situation, go to the WHD website.