The U.S. Department of Labor (DOL) has announced an opinion letter program that five of its agencies will utilize to create more accessible guidance concerning federal labor laws. Participating agencies include the Employee Benefits Security Administration (EBSA), the Wage and Hour Division, the Occupational Safety and Health Administration (OSHA), the Veterans' Employment and Training Service, and the Mine Safety and Health Administration.
EBSA intends to release advisory opinions and informational letters, which historically have provided guidance under the Employee Retirement Income Security Act (ERISA). While not legally binding, these opinions enable plan sponsors to gain a better understanding of how the DOL interprets ERISA in specific situations. Plan sponsors can also request a DOL opinion about specific laws or their compliance. On average, DOL has issued one advisory opinion per year since 2014, although it issued five advisory opinions in 2012 and 2013.
The move may also reflect DOL's intent to maximize impact amid staffing and budget constraints. The Trump administration laid off probationary employees at the already understaffed EBSA in February, and the latest budget plan cuts 26% of the agency's funding.
The emphasis on guidance from the DOL may also be a result of the U.S. Supreme Court's 2024 Loper Bright Enterprises v. Raimondo, No. 22-451 (U.S. 2024) ruling. That landmark decision superseded the Court's Chevron decision, which had given deference to the interpretation of laws by federal agencies.
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