The Department of Labor has relaunched its opinion letter program to help employers receive clarity on compliance issues and reduce their liability risk when concerns arise. The  Connecticut employment lawyers at Wofsey Rosen can assist you in determining how and when opinion letters might be of use to you and your business.

Scope of the Department of Labor’s Relaunched Opinion Letter Program

On June 2, 2025, the US Department of Labor announced the reinstatement of its opinion letter program, which had fluctuated in use over the years. The purpose of this program is to provide valuable support to employers, workers, and stakeholders on safety and compliance matters. The program focuses on five key areas that the following agencies will enforce:

• Wage and Hour Division (WHD): Provides opinion letters on employment wage and hour matters
• Occupational Safety and Health Administration (OSHA): Will issue letters of interpretation on employee health and safety issues
• Employee Benefits Security Administration (EBSA): Will provide information letters and advisory opinions
• Veterans’ Employment and Training Service (VETS): Will be responsible for providing opinion letters
• Mine Safety and Health Administration (MSHA): Will provide resources, updates on regulations, training, support, and centralized guidance for mining health and safety

Opinion letters provide legal interpretations for specific situations. Employers can request these documents to gain clarity on issues they may be facing or to seek guidance on specific matters.

Requesting Opinion Letters from the Department of Labor

Employers who want to request an opinion letter may do so on the US Department of Labor’s website. To get the most out of a request, the agency provides recommendations to business owners on what to include. Some of the information they may ask includes:

• Legal references that apply to specific situations employers may want advice on
• Relevant information about a job role and its specifics to ensure employers receive the most applicable information
• Confirmation that a matter an employer is questioning is not being actively litigated
• The employer’s phone number and contact information for follow-up

Business owners can submit requests online to the agency that has purview over the information being sought. Employers can work with experienced legal counsel to draft a request or gain additional insights. Though these requests require details, it is important to avoid including sensitive or potentially problematic information.

Benefits to Connecticut Employers

Employers are responsible for remaining compliant with all workplace and labor legislation. Sometimes, the laws governing these activities are not always clear, or employers may want to gain insight into how the law applies to a very specific situation. This is where the Department of Labor’s opinion program can be highly beneficial to employers in Connecticut.

Opinion letters provide detailed legal insight that employers can use to improve their practices or compliance measures. These letters are not legally binding, but they do offer increased clarity surrounding an issue and provide ease in distributing the interpretations to the public. These insights are available to individuals at multiple levels of an organization so that there is transparency about responsibilities and rights. For employers, it also helps to minimize the risk of compliance violations.

How to Optimize Your Request for Maximum Insight

For employers to ensure they receive the most appropriate answer in an opinion letter, they may want to review all areas of concern and discuss them with legal counsel.. An experienced lawyer can help to determine whether an opinion letter request should be made and, if so, how to draft it. With such guidance, Connecticut-based employers can have peace of mind that their questions will be asked properly and answered thoroughly.

How Long Does It Take to Receive a Response to an Opinion Letter Request

With the relaunch of the opinion letter program, there are likely to be numerous requests submitted to the five Department of Labor agencies. While these requests will be reviewed and handled as swiftly as possible, there is no guaranteed timeline for expecting a reply. Depending on the volume and nature of the requests received, not all may be answered.

If an employer’s request is selected for an opinion letter, it may take a few months to receive the guidance they requested. This is one of the many reasons that it is important to remain in contact with a lawyer to receive legal counsel on daily matters to ensure the business and its employees are protected.

Wofsey Rosen Is Committed to Your Success

Wofsey Rosen routinely monitors changes in employment and compliance legislation to better serve our clients. We provide updated guidance aligned with the latest legislation, initiatives, and programs. We can also help you identify areas of your business where you may want to request an opinion letter from one of the above agencies. To learn more, contact our team and schedule a consultation today.