Department of Labor to Start offering Wage & Hour Opinion Letters after a 4-Year Hiatus

The U.S. Department of Labor (DOL) just announced that it will begin issuing opinion letters once again after a four-year break. An opinion letter is an official written interpretation of federal wage and hour law. Generally, an opinion letter will answer a specific fact-based question related to existing wage and hour laws. Employers, labor organizations, lawyers, HR professionals, and even individual employees can request a DOL opinion letter.

The FLSA and many DOL regulations that pertain to the FLSA date back more than 75 years. As a result, employers often have difficulty applying these rules to the modern-day workplace. This is where an opinion letter becomes especially valuable. An opinion letter can assist professionals tasked with managing the hours worked and payroll functions of an organization by providing valuable guidance. Additionally, an opinion letter issued by the DOL’s administrator can provide an employer with a good faith defense in the event that a court finds the pay practices violated the FLSA.

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