In Washington, the Wage and Hour Division of the U.S. Department of Labor has put out four new opinion letters that explain federal labor standards in an official way. The goal is to make it easier for employers and workers to understand what they need to do to follow the rules.
Formal written responses that explain how labor laws apply to certain situations at work are called opinion letters. They are meant to do more than just answer the question at hand; they are also meant to be a resource for other employers and workers who are dealing with the same problems.
Keith Sonderling, the Deputy Secretary of Labor, stressed the administration’s promise to make regulatory guidance easy to find and follow. Sonderling said, “Under President Trump‘s leadership, we are taking steps to make government more efficient by actively responding to the needs of businesses and workers.” “These four opinion letters give the public clear and consistent advice, making sure that employers have the information they need to follow the law and setting them up for long-term success.”
This week, the letters that were sent out include:
FLSA2025-03: This document gives advice on whether oyster shuckers who work in the “front of house” can be included in a tip pool with servers when the employer takes a tip credit.
FLSA2025-04: This is a clarification on whether emergency pay given to firefighters and other city workers should be included in the regular rate for figuring out overtime, and how to do that.
FLSA2025-05: Looking into whether two entities that are physically connected and have the same owners, managers, and operations are both responsible for following the Fair Labor Standards Act.
FMLA2025-02-A: How to figure out Family and Medical Leave Act leave for correctional law enforcement workers who work a 12-hour “Pitman Schedule” with required overtime.
The Department of Labor’s opinion letter program, which was relaunched earlier this year, is an example of how the department is trying to help people follow the rules and be more open. Employers, employees, and other interested parties are encouraged to look over past guidance and send in new questions through the division’s opinion letter page, which gives priority to issues that affect a lot of people.
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