U.S. Department of Labor Expands Opinion Letter Program

On June 2, 2025, the U.S. Department of Labor (DOL) expanded its opinion letter program, which should provide guidance on areas handled by multiple enforcement agencies within the DOL. Publication of opinion letters is a priority for the Trump administration and this program is evidence of the federal government’s intention to issue more guidance to the public.

Opinion Letter Process

Opinion letters issued by the DOL are official publications that explain how the DOL enforces various laws and regulations under specific scenarios submitted by a requesting party. Opinion letters offer timely guidance to both employers and individuals, while also providing insight into the agency’s likely positions in future rulemaking or litigation. While they do not override existing statutes or regulations, they provide authoritative guidance that can help employers and individuals navigate compliance with greater confidence. Employers that rely on an opinion letter in good faith may use that reliance as a defense against potential liability, liquidated damages, and an extension of the statute of limitations to three years for an alleged willful violation under the Fair Labor Standards Act.

While employers or employment associations are often the party seeking an official opinion letter, anyone can submit a request for the DOL to issue guidance on certain fact patterns, including workers or unions. Requesting parties often seek guidance on circumstances that may not squarely fit into the existing regulations or statutory framework in order to understand the rights and responsibilities of workers and employers.

The DOL reinstated the use of Wage and Hour Division (WHD) opinion letters during the first Trump administration after they had been discontinued under the Obama administration. From 2018 through the end of President Trump’s first term, the WHD prioritized these letters, issuing 80 in total. In contrast, the Biden administration significantly reduced their use, issuing only eight opinion letters during the same timeframe—reflecting a shift in how the agency provides interpretive guidance and engages with regulated entities.

Agencies Participating in Opinion Letter Program

Five DOL agencies are participating in the newly-launched program, although not all of these agencies will provide opinion letters and may instead provide other forms of guidance. The involved agencies include the WHD, the Occupational Safety and Health Administration (OSHA), the Employee Benefits Security Administration (EBSA), the Veterans’ Employment and Training Service (VETS), and the Mine Safety and Health Administration (MSHA). Of these, the WHD and VETS will issue opinion letters, while OSHA and EBSA will provide other types of guidance and resources, including letters of interpretation, advisory opinions, and information letters. The MSHA’s newly-launched Information Hub will provide compliance assistance resources from a centralized website.

The DOL has created a website to allow quick access to past guidance and tips on submitting new opinion letter or compliance guidance requests to the five participating agencies. From this landing page, users can access the WHD’s website for a database of past opinion letters (including reinstated opinion letters first issued during President Trump’s first term), tips for writing an opinion letter request, and instructions for submitting a request for issuance of an opinion letter.

Given the changes to the opinion letter program, the number of opinion letters issued by the DOL is likely to increase, especially following the limited number of opinion letters issued during President Biden’s term. Employers considering requesting an opinion letter from the DOL should consult with knowledgeable counsel to discuss the request for an opinion letter, drafting the request, and the potential legal and practical ramifications of an opinion letter