Quick Tips: US Department of Labor Advisory Opinions

Avoid misinterpretations of the Fair Labor Standards Act (“FLSA”), the Family Medical Leave Act (“FMLA”), and other federal wage and hour laws by seeking guidance directly from the U.S. Department of Labor. 

The US DOL Wage and Hour Division will now recommence the issuance of opinion letters on the application of these federal laws to an anonymous employer's unique circumstances. The opinion letter becomes publicly available and can be fully relied on as a defense to wage and hour claims. 

Few useful facts about the Opinion Letter:

  • Response to applications are excessively delayed
  • Division exercises full discretion on which letters will receive a response  
  • No privilege applies to shield opinions from trade secret disclosures, pending audits, litigation and personal privacy, however, an attorney client privilege would be available if your attorney completes the application