On June 2, 2025, Deputy Secretary of Labor Keith Sonderling announced a major initiative aimed at reviving and expanding the use of interpretation letters—commonly referred to as opinion letters or standard interpretations—across the U.S. Department of Labor (DOL). These letters, which provide official guidance on how federal labor laws apply to specific factual scenarios, are positioned to become a cornerstone of the Department’s strategy for enhancing regulatory transparency and legal certainty.
Key Highlights:
Renewed Use of Opinion Letters: The DOL will prioritize the issuance of opinion letters to offer timely and reliable interpretations of federal labor laws.
Addressing Decline: The initiative seeks to reverse a notable reduction in the issuance of such guidance in recent years.
Focus on Innovation: Opinion letters will play a critical role in addressing emerging legal questions in areas like the gig economy and artificial intelligence.
Commitment to Access and Transparency: The DOL plans to improve how the public can request and access opinion letters.
Restoring and Expanding Interpretive Guidance
According to Deputy Secretary Sonderling, the DOL is taking deliberate steps to “prioritize the issuance of opinion letters,” aiming to reverse the downward trend in their publication under recent administrations. For instance, as of this month, the Occupational Safety and Health Administration (OSHA) has issued only two opinion letters or standard interpretations for the year—illustrating the need for more robust output. These letters serve a vital function: they offer authoritative responses to specific legal inquiries, helping both employers and employees apply statutes, regulations, and case law in practical workplace settings.
A Tool for Timely Compliance and Legal Certainty
Deputy Secretary Sonderling underscored the essential compliance function of opinion letters, describing them as a source of “authoritative interpretations upon which employers may rely in good faith.” This is especially significant under statutes such as the Fair Labor Standards Act (FLSA), the Occupational Safety and Health (OSH) Act, and the Mine Safety and Health Act. By ramping up their use, the DOL intends to provide greater clarity on complex or evolving topics such as independent contractor classifications, wage and hour issues, and the workplace impact of new technologies.
Improving Public Access and Process Transparency
In addition to increasing output, the DOL is also pledging to improve the process for requesting and obtaining opinion letters. Drawing from his previous roles at the DOL and the U.S. Equal Employment Opportunity Commission (EEOC), Deputy Secretary Sonderling highlighted plans to streamline procedures and increase engagement. These reforms aim to make it easier for stakeholders to seek and receive targeted guidance on their legal obligations.
Fostering Innovation and Proactive Compliance
Sonderling emphasized that this renewed focus on opinion letters is not just about regulatory clarity, but also about creating a foundation for innovation and responsible risk management. He pointed to emerging challenges in “the gig economy, artificial intelligence in employment, and employer self-audit programs,” noting that these areas particularly benefit from “timely and detailed agency interpretations.”