DOL Reissues Opinion Letters Previously Withdrawn.

Benefits Insights, Spring 2018

The Wage and Hour Division of the U.S. Department of Labor (DOL) has reissued 17 opinion letters from the Bush administration that were withdrawn during the Obama administration. The reinstated letters are expected to provide essential guidance to employers on a wide range of questions concerning the Fair Labor Standards Act (FLSA).

In June, the Wage and Hour Division announced that it would resume issuing opinion letters, a practice discontinued by the Obama administration, and start sharing detailed analysis and answers from DOL in response to employers who have posed FLSA compliance questions. The letters, which address overtime exemptions and other topics, will be published on the DOL website for the benefit of employers seeking guidance.

The opinion letters do not establish or overturn any existing laws. The letters are from people who requested the DOL to consider reissuing them. Under its new policy, DOL encourages others who are interested in previously withdrawn opinions to ask them to be reissued.

DOL Reissues Opinion Letters Previously Withdrawn