On June 27, 2017, the Department of Labor Wage and Hour Division announced that it would resume its issuance of opinion letters—a practice that was once standard within the Division. Opinion letters provide employers with official guidance on how to properly execute their responsibilities under the Fair Labor Standards Act (FLSA), Family Medical Leave Act (FMLA), and other federal statutes in fact-specific situations. The Division ended the practice in 2009 and began providing more generalized statutory guidance in the form of administrator interpretations.
After nearly a decade long hiatus, opinion letters have returned. On April 12, 2018, the Division issued new opinion letters on the following three topics governed by the FLSA, FLMA, and Consumer Credit Protection Act (CCPA):
The detailed guidance of opinion letters enables employers to better understand and grasp the nuances of the law related to common situations in the workplace. These and other opinion letters can be accessed at the Division’s webpage.