Request an Opinion Letter

An opinion letter is an official written opinion by WHD on how a particular law it enforces applies to the specific workplace situation presented by a worker, business, or other entity requesting an opinion. They are designed to offer practical, reasoned answers to help the public understand their rights and responsibilities under the laws. Generally, these letters concern matters where the application of existing regulations or guidance is unclear. The responses can be particularly powerful for employers relying on an opinion letter concluding that a practice is lawful should the relevant practice be challenged at a future time.

Requesting an opinion letter can be quick and easy.  These tips can help you present your question in a way that highlights for WHD why your request should be addressed.

• Reference the specific laws, regulations, or other guidance that you think is relevant. If there are existing materials that are close to your question, explain how your situation is different.
• Include a description of the relevant facts (e.g., job duties, work schedules, pay structure).  If there are variations, explain those clearly so we can give you clear answers. Any conclusions provided in an opinion letter depend on the facts described in the incoming request, which are assumed to be accurate and complete.
• Include a statement confirming that the request is not related to an existing matter that requires the interpretation of federal law. WHD does not issue opinion letters for use in any investigation or litigation matter that existed before submitting your request.
• Include your phone number in case of follow-up.  Sometimes there is not quite enough information in the request, or it is unclear what a term, acronym, etc. may mean.
• Do not include sensitive personal or confidential business information – responses may be published publicly without identifying you by name or disclosing your contact information, but we are not responsible for any identifying information that you might not want published or which might be used to determine your identity. Any information that you include in the content of your request may be incorporated into any response that we provide; such responses are made available to the public on WHD's website.

While WHD strives to review all opinion letter requests, it cannot guarantee a response.  WHD will exercise discretion in determining when and how to respond to a request.  These tips can help you present your question in a way that assists WHD in evaluating how best to use its resources.

You have two options for submitting your request. 

• Option 1: Email your request to WHDOpinionLetters@dol.gov. Be sure to send it from an email address that can receive a confirmation email from dol.gov. It also should be an email address which you are comfortable receiving a response from dol.gov at it. You will receive a receipt response by email.
• Option 2: Mail your signed request to WHD and include a return address to receive a receipt response by regular mail. 

U.S. Department of Labor
Wage and Hour Division
Division of Regulations, Legislation and Interpretation
200 Constitution Avenue, NW, Room S-3502
Washington, D.C. 20210

Who can I contact?

If you have questions about submitting an opinion letter request or need additional information, contact us online at www.dol.gov/agencies/whd/contact or call 1-866-487-9243 from 8 AM to 5 PM in your time zone. 

Last updated on June 2, 2025.