In order to provide consistent, meaningful, and comprehensive guidance and compliance assistance to the broadest number of employers and employees, the Department of Labor will no longer issue opinions on a case-by-case basis.
Instead of individual responses to opinion requests, the Department will generally respond by providing references to statutes, regulations, interpretations and cases without an analysis of the specific facts presented. Those general responses will be posted on Counsel's Frequently Asked Questions page. If it is determined, in the Commissioner's discretion, that guidance on a specific issue is necessary, a letter with new guidelines may be issued.
(The Department will retain all requests for ongoing assessment of what issues need further interpretive guidance.)
Existing opinion letters are still maintained and serve as interpretative guidance absent subsequent guidance providing otherwise.
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