On June 2, 2025, the US Ministry of Labor (DOL) expanded its statement program, which should give guidelines on areas that are treated by several enforcement authorities within the DOL. The publication of opinion letters is a priority for the Trump administration, and this program is proof of the Federal Government's intention of giving the public more guidelines.
Polling process
The opinion published by DOL are official publications that explain how the DOL enforces different laws and regulations in accordance with certain scenarios submitted by a demanding party. Opinion letters offer both employers and individuals in good time and at the same time provide insights into the likely positions of the agency in future regulations or legal disputes. While you do not override existing laws or regulations, you provide relevant instructions that employers and individuals can help to control compliance with greater trust. Employers who are in good faith in a letter of opinion can use this trust as a defense against potential liability, liquidated compensation and an extension of the limitation period to three years for a suspected intentional violation in accordance with the law on fair work standards to three years.
While employers or work associations are often the party that aims to officially spends an opinion, everyone can submit an application to the DOL to provide certain factual patterns, including employees or unions. Inquiries from parties often request instructions on circumstances that may not fit exactly into the existing regulations or legal framework in order to understand the rights and responsibilities of employees and employers.
The DOL reset the use of opinion letters of the wage and hour division (WHD) during the first Trump government after being hired under the Obama government. From 2018 to the end of President Trump's first term, the WHD priorified these letters and issued a total of 80. In contrast, the bid administration significantly reduced its use and only spent eight opinion letters in the same period and reflects a shift in the way in which the agency provides interpretive guidelines and deals with regulated companies.
Agencies participate in the opinion letter program
Five DOL agencies take part in the newly launched program, although not all of these agencies provide opinion letters and instead provide other forms of guidelines. Participating agencies include the WHD, the occupational safety agency (OSHA), the security administration of employee services (EBSA), the veterans employment and training service (VETS) and the Mine Safety and Health Administration (MSHA). The WHD and the veterinarians issue opinion letters from these, while Osha and Ebsa provide other types of instructions and resources, including letters of design, advice and information letters. The newly launched information center of the MSHA offers compliance support from a central website.
The DOL has created a website to enable quick access to previous instructions and tips for submitting new opinion letter or compliance applications to the five participating agencies. On this target page, users can access the WHD website to a database of past opinion letters (including reconnected opinion letters that were issued for the first time during the first term of the President Trump), tips on writing an opinion letter and instructions on submitting an inquiry to issue an opinion letter.
In view of the changes to the opinion letter program, the number of opinion letters issued by the DOL should increase, in particular according to the limited number of opinion letters issued during the term of office. Employers who consider applying for an opinion letter from the DOL