The U.S.
Department of Labor has announced it will reinstate the issuance of opinion
letters by its Wage and Hour Division. The announcement by U.S. Secretary of
Labor Alexander Acosta is a welcome development for employers, who had
previously relied on these interpretive opinions in deciphering and complying
with the oftentimes confusing requirements of the Fair Labor Standards Act
(“FLSA”).
An
opinion letter 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. The letters were a
Division practice for more than 70 years until being discontinued in 2009
by the Obama administration, and replaced in 2010 by more generalized
interpretations, as opposed to the highly fact specific opinion letters.
“Reinstating
opinion letters will benefit employees and employers as they provide a means by
which both can develop a clearer understanding of the Fair Labor Standards Act
and other statutes,” said Secretary Acosta. “The U.S. Department of Labor is
committed to helping employers and employees clearly understand their labor
responsibilities so employers can concentrate on doing what they do best:
growing their businesses and creating jobs.”
The Wage and Hours Division has established a webpage where employers can request an opinion letter or
review other agency guidance regarding FLSA compliance.
