On June 27, 2017, the U.S. Department of Labor ("DOL")
announced that it has reinstated the issuance of Opinion Letters by
its Wage & Hour Division and unveiled a new website to guide
employers and employees in requesting an Opinion Letter. The agency
also redesigned the website housing its Opinion Letters and other
sub-regulatory guidance.
DOL stopped issuing Opinion Letters answering questions from the
regulated community in 2010, replacing them with the more general
"Administrator Interpretations"
("Interpretations"). Interpretations were intended to set
forth a general interpretation of the law and regulations as they
related to an entire industry, a category of employees, or to all
employees. An Opinion Letter, in contrast, is an official, written
opinion by the Wage and Hour Division of how a particular law
applies in specific circumstances presented by an employer,
employee or other entity requesting the opinion.