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 Standards Act during the first Trump Administration. By contrast, the Biden Administration published just three FLSA opinion letters, all within President Biden’s last two full months in office.
The DOL’s announcement signals an emphasis on proactive compliance support. As the Department’s Deputy Secretary, Keith Sonderling, explained, the DOL views letters as “an important tool in ensuring workers and businesses alike have access to clear, practical guidance.” To effect this impact, the DOL will publish letters not just at WHD, but also four other agencies, including:
- VETS (which, like WHD, will issue opinion letters);
- OSHA (which will provide letters of interpretation);
- EBSA (which will release advisory opinions and information letters); and
- The Mine Safety and Health Administration (MSHA) will provide compliance assistance resources through its new “MSHA Information Hub,” which the DOL describes as “a centralized platform offering guidance, regulatory updates, training materials and technical support.”
Our focus here is opinion letters issued by WHD.
A Scalable Tool in a Potentially Leaner Framework
The DOL’s move provides an avenue to engage employers as partners in compliance—more carrot, less stick. It also may reflect a broader strategy of strategically leveraging relatively limited resources for broader impact.
Moving forward, it is fair to expect the DOL to operate with more limited resources than past years. President Trump’s recently proposed budget would cut DOL discretionary spending from $13.3 billion to $8.6 billion and moving forward with reduced headcount relative to the prior year. According to some reports, WHD investigator staffing, in particular, is down 25% compared to 2022 (from 810 investigators as of November 2022, to 611 as of May 2025).
With these realities in mind, the Department likely views opinion letters as a scalable tool to help extend the agency’s reach. This approach echoes initiatives from the first Trump Administration. This includes not only prior opinion letter practice, but also initiatives like the Payroll Audit Independent Determination (PAID) program. Championed by the DOL’s now-Deputy Secretary, Keith Sonderling, during his stint at DOL during the first Trump Administration, PAID offered a path for employers and their representatives to self-report and proactively correct wage-hour compliance issues without rolling out a red carpet for litigation.
What Opinion Letters Can (and Can’t) Do
Opinion letters can reduce legal uncertainty and bolster compliance confidence. But they of course lack the force of a statute or regulation and have some other limitations as well.
When a requester presents a complete and accurate fact pattern, the agency responds with an interpretation of how the law applies. Not only does the interpretation resolve the open question, but, at least in the wage-hour context, the employer’s reliance on the letter can shield them from liability under the FLSA.
Of course, opinion letters are not silver bullets—their utility comes with caveats:
- Limited scope: Letters offer a surefire defense only for the requester and the specific facts presented.
- Binding effect: An unfavorable opinion is just as binding as a favorable one.
- Judicial deference: While binding only for the involved parties, opinion letters offer guidance to all members of the regulated community. In the litigation context, courts typically weigh their value as potentially persuasive authority. (Of course, it remains to be seen whether courts will be even less likely to defer to administrative agencies following the Supreme Court’s 2024 decision in Loper Bright, which we wrote about earlier this year.)
- No impact on state law: DOL interpretations generally don’t bind state or local agencies, nor do they dictate the interpretation of state and local laws.
Despite these limitations, opinion letters remain a valuable compliance tool—especially when used strategically and, in our view, in consultation with counsel.
Takeaways for Employers
The expanded opinion letter program is a promising development for compliance-minded employers. To make the most of this opportunity, we encourage employers to keep the following in mind.
- This is a Positive Development: When leveraged effectively, opinion letters can offer both clarity and protection.
- Be Strategic: Because letters are binding and fact-specific, we believe that employers should consult counsel to assess whether a request is appropriate and to ensure a sound understanding of the underlying laws, the relevant facts, and the opinion letter process.
- Watch the Courts: While it is conceivable, post-Loper Bright, that courts will give less deference to agency interpretations, we expect that well-reasoned letters aligned with statutory text will remain persuasive.
The expanded the use of opinion letters is a promising development for the regulated community. They can be a powerful tool for navigating a complex regulatory environment, and they signal that the DOL remains committed to practical, front-line support for employers and employees alike.
If you have any questions about the opinion letter process or related matters, please contact the blog author or your favorite Seyfarth lawyer.
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