Department of Labor Announces Expansion of Interpretation Letters Initiative

Quick Hits

• On June 2, 2025, Deputy Secretary of Labor Keith Sonderling announced the DOL’s renewed commitment to issuing opinion letters to provide clear and authoritative guidance on federal labor laws.
• The DOL aims to enhance transparency and legal certainty by prioritizing the issuance of opinion letters, which had seen a decline in recent years, to help employers and employees navigate complex labor law requirements.
• The initiative also focuses on improving the accessibility and transparency of the process for requesting opinion letters, supporting innovation and proactive compliance in areas like the gig economy and artificial intelligence in employment.

Key Developments

Restoration and Expansion of Opinion Letters

Deputy Secretary Sonderling emphasized the DOL’s intention to prioritize the issuance of opinion letters, reversing a marked decline in their use during this and the previous administration. For example, as of the writing of this article, the Occupational Safety and Health Administration (OSHA) has only issued two opinion letters or standard interpretations this year. Opinion letters serve as official written responses to specific inquiries regarding the application of statutes, regulations, and case law to real-world workplace scenarios. The renewed focus aims to deliver clarity and predictability for both employers and employees navigating complex labor law requirements.

Timely Guidance and Legal Clarity

Deputy Secretary Sonderling highlighted the critical role of opinion letters as compliance tools, providing authoritative interpretations upon which employers may rely in good faith, particularly under statutes such as the Fair Labor Standards Act (FLSA), Occupational Safety and Health (OSH) Act, Mine Safety and Health Act (Mine Act), and others. The DOL’s expanded use of opinion letters is intended to address emerging issues in the labor market, including those related to new technologies, independent contractor status, and wage and hour compliance.

Accessibility and Transparency

The announcement included a commitment to improving the accessibility and transparency of the process for requesting and receiving opinion letters. Drawing on prior experience at both the DOL and the U.S. Equal Employment Opportunity Commission (EEOC), Deputy Secretary Sonderling referenced efforts to streamline procedures and encourage public engagement in the process.

Support for Innovation and Proactive Compliance

Deputy Secretary Sonderling reiterated that opinion letters not only clarify legal obligations but also foster an environment conducive to innovation and proactive compliance. He cited the importance of clear guidance in areas such as the gig economy, artificial intelligence in employment, and employer self-audit programs, all of which benefit from timely and detailed agency interpretations.

Conclusion

Deputy Secretary Sonderling’s announcement marks a significant shift toward greater transparency, responsiveness, and legal certainty at the DOL. By restoring and expanding the use of interpretation letters, the department seeks to better support employers and workers in understanding and complying with federal labor laws amid a rapidly evolving workplace environment.

Ogletree Deakins will continue to monitor developments and will post updates on the Employment Law, Mine Safety, Wage and Hour, and Workplace Safety and Health blogs as additional information becomes available.

This article and more information on how the Trump administration’s actions impact employers can be found on Ogletree Deakins’ New Administration Resource Hub.

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