On June 2, 2025, the U.S. Department of Labor (DOL) announced the relaunching and expansion of its opinion letter program (Program). The Program is designed to help the public understand their compliance obligations through opinion letters, which are formal, written guidance on how a DOL enforcement agency would apply federal labor law in a specific workplace situation. These letters can be requested by anyone and address various workplace scenarios, such as how to apply existing law to novel or ambiguous legal issues.

The newly announced Program will span five enforcement agencies within the DOL. The Wage and Hour Division and the Veterans’ Employment and Training Service (VETS) will issue opinion letters. The Occupational Safety and Health Administration (OSHA) will release letters of interpretation. The Employee Benefits Security Administration (EBSA) will issue information letters and advisory opinions. Lastly, the Mine Safety and Health Administration (MSHA) will provide guidance, regulatory updates, and training resources through the agency’s new information hub.

The DOL’s expansion of the Program is not surprising. After the Obama administration discontinued the use of DOL Wage and Hour Division opinion letters, the DOL reinstated their use during the first Trump administration, only for the DOL under the Biden administration to rein in the frequency of issuance. Indeed, from 2018 through the end of President Trump’s initial term, the DOL issued over 70 opinion letters, while the DOL under the Biden administration issued only a handful of letters during a similar timeframe.

• The Program’s relaunching and expansion will benefit companies and workers alike, including by (1) allowing them to affirmatively seek DOL guidance on important, fact-intensive or legally significant issues before potential litigation arises; and (2) informing them of changes in the DOL’s interpretation of federal labor laws, which could be for a variety of reasons.  

To help facilitate the Program, the DOL has created a new, centralized website where individuals can access past guidance, in addition to instructions and helpful recommendations for submitting new opinion letter or guidance requests. Moving forward, we anticipate an increase in the issuance of opinion letters given the new Trump administration’s emphasis on proactive compliance assistance. However, it is important to note that the DOL does not issue an opinion letter for every request, and even for issued letters, parties cannot assume that a favorable letter will automatically result in a favorable court decision in the litigation context given that courts typically view them as only persuasive authority.

In sum, companies should consider taking advantage of this important tool and working with experienced counsel who can help evaluate workplace policies and practices in light of new—or reinstated—DOL guidance, as well as assist in DOL outreach efforts (including by helping frame an opinion letter request and providing guidance through the process to increase the likelihood of a favorable response).