Biden’s Wage and Hour Division Shies Away From Opinion Letters

Nov. 21, 2022, 10:00 AM UTC

The US Labor Department’s wage arm is taking a more cautious approach to a certain type of regulatory guidance, vexing employers and management-side attorneys who say the directives are helpful for decoding complex labor laws.

So far, the DOL’s Wage and Hour Division hasn’t issued a single opinion letter, which the agency historically has used to explain its interpretation of how the law would apply in a specific situation in response to a request from a business.

An agency top official said the DOL is wary of clarifying its position in such letters because they’re meant to be used to ...

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