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ARTICLE · 05 JULY 2017

DOL: Opinion Letters Are Back!

The agency also redesigned the website housing its Opinion Letters and other sub-regulatory guidance.

United StatesEmployment and HR

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.

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