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The U.S. Department of Labor (DOL) is ramping up efforts to provide clearer compliance guidance to employers by increasing the use of opinion letters and similar resources. This initiative will involve several key agencies under the DOL umbrella, including the Wage and Hour Division (WHD), the Occupational Safety and Health Administration (OSHA), and the Employee Benefits Security Administration.
These letters are designed to clarify how federal workplace laws apply in specific scenarios, helping both employers and workers better understand their rights and responsibilities, according to HR Brew. Some agencies may also offer related forms of written guidance, such as interpretation letters or advisory opinions.
While opinion letters were a frequent tool during the first Trump administration, the approach was used far less during the Biden administration. Now, under the current administration, the DOL appears poised to reinvest in this method of communication.
To support the program, the DOL has launched a dedicated page where HR professionals and employers can request opinion letters. Requests should include references to relevant laws, detailed facts about the situation, and a confirmation that the issue is not part of ongoing litigation or investigations. The agency also reminds users not to submit sensitive or confidential information, as responses may be shared publicly.
The DOL issued its first opinion letter of Trump’s second term in May 2025, reinstating previous guidance that classifies certain gig economy workers as independent contractors under federal wage law — a position originally introduced in 2019 and later revoked during the Biden administration.
While the agency is bolstering its compliance guidance, it has simultaneously scaled back other enforcement functions. A January 2025 directive significantly reduced the role of the Office of Federal Contract Compliance Programs, narrowing its focus to specific anti-discrimination protections rather than broader oversight of systemic workplace issues.
This renewed focus on interpretive guidance suggests the DOL aims to support voluntary compliance while moving away from more general enforcement strategies.
