June 02, 2025
They’re Baaack! Nope, Not Poltergeists – DOL Opinion Letters
On June 2nd, the U.S. Department of Labor announced its return to publishing opinion letters across the five (5) agencies under its purview:
- The Wage and Hour Division will issue opinion letters.
- The Occupational Safety and Health Administration will provide letters of interpretation.
- The Employee Benefits Security Administration will release advisory opinions and information letters.
- The Veterans’ Employment and Training Service will issue opinion letters.
- The Mine Safety and Health Administration will provide compliance assistance resources through its new MSHA Information Hub, a centralized platform offering guidance, regulatory updates, training materials and technical support.
The practice of issuing opinion letters was discontinued in 2010 but returned in 2018. Opinion letters provide official written interpretations from the DOL’s enforcement agencies, explaining how laws apply to specific factual circumstances presented by individuals or organizations. By addressing real-world questions, they promote clarity, consistency, and transparency in the application of federal labor standards.
Have a question you would like one of these agencies to answer? First, you might run it by your legal counsel. If they don’t have an answer, they may write a “ghost” letter for you – one that does not name you or the company – but poses the specific question to the agency. Why not disclose your name? Years ago, a client told me they contacted a federal agency, asked a question, and provided their name and contact information, including the place of work. About three months later, they received an audit letter from the same agency. Coincidence?
Don’t get the reference to Poltergeists? Watch the movie clip (4:09).
