DOL Issues New Opinion Letters

Hey Compliance Warriors!

The U.S. Department of Labor’s Wage and Hour Division (WHD) announced today that it has issued three new opinion letters. This release demonstrates the agency’s continued commitment to providing meaningful compliance assistance to help employees understand their rights and ensure that employers have the information they need to comply with federal labor laws. Read on…

One letter released today addresses the following compliance issues under the Family and Medical Leave Act (FMLA):


  • The obligation to designate FMLA-qualifying leave and prohibition on expanding FMLA leave


Two letters released today address the following compliance issues under the Fair Labor Standards Act (FLSA):

  • Wage and recordkeeping requirements for residential janitors and “good faith” defense
  • Compensability of time spent participating in an employer-sponsored community service program

The Department now offers a search function allowing users to search opinion letters by keyword, year, topic, and a variety of other filters. An opinion letter is an official, written opinion by WHD on how a particular law applies in specific circumstances presented by the person or entity requesting the letter.

The public is encouraged to submit requests for opinion letters to WHD and can visit this webpage to learn how to request an opinion letter or determine whether existing agency guidance already addresses their questions. A request for an opinion must include a representation that the opinion is not sought by a party in a Wage and Hour Division investigation, its representative, or any third party acting on its behalf; or by a party, its representative, or any third party acting on its behalf for use in any litigation that was initiated prior to the submission of the opinion letter request. WHD will exercise discretion in determining whether and how it will respond to each request.

Until Next Time, Be Audit-Secure!

Lisa Smith


Lisa Smith is CEO of Andere Corporation and Chief Content Developer at HelpDeskSuites.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more in her Compliance Warriors Facebook Group.

Log in or Register to save this content for later.