On September 30, 2025, the Department of Labor published four new opinion letters addressing wage and hour topics as part of its larger effort to renew its program of publishing opinion letters under the Trump Administration. The purpose of opinion letters that the Department of Labor publishes is to provide guidance on how the agency would interpret certain laws and regulations based on the factual scenario addressed in the opinion letter. The four most recent opinion letters issued are below:
The most recent opinion letters were issued by the Wage and Hour Division of the Department of Labor and address a wide range of topics. The topics include the calculation of FMLA leave entitlements to correctional law enforcement employees under certain circumstances (FMLA2025-2-A); determining if oyster shuckers can participate in a tip pool (FLSA2025-3); whether emergency pay for firefighters can be excluded from the regular rate of pay in overtime calculations (FLSA2025-4); and joint employer liability for overtime payments (FLSA2025-5). The guidance offered in these most recent opinion letters is rich with helpful analysis that employers can draw from to inform decision-making when similar compliance questions arise. Given the Trump administration's posture on revitalizing and continuing the opinion letter program, employers can likely expect the Department of Labor to continue publishing opinion letters.
Opinion letters published by the Department of Labor can be a helpful resource for employers. Maintaining a compliant workplace can be overwhelming at times, and organizations are desperate for all the help they can find. Employers should consider the library of published opinion letters as another compliance tool in their toolkit, alongside an Employers Council membership. We at Employers Council offer a wide range of professional services to help our members create an exceptional, compliant, and prosperous workplace.
Please get in touch with us at info@employerscouncil.org to learn about all the benefits of your organization’s membership.
Brandon Garrett is an attorney with Employers Council.