DOL Announces Multi Agency Opinion Letter Program to Provide Guidance

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 That landmark decision superseded the Court’s Chevron decision, which had given deference to the interpretation of laws by federal agencies.   

HBL has experience in all areas of benefits and employment law, offering a comprehensive solution to all your business benefits and HR/employment needs. We help ensure you are in compliance with the complex requirements of ERISA and the IRS code, as well as those laws that impact you and your employees. Together, we reduce your exposure to potential legal or financial penalties. Learn more by calling 470-571-1007.

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Hall Benefits Law, LLC

HBL offers employers comprehensive legal guidance on benefits in mergers and acquisitions, Employee Stock Ownership Plans (ESOPs), executive compensation, health and welfare benefits, healthcare reform, and retirement plans. We counsel a wide spectrum of clients including small, mid-sized, and large companies, 401(k) investment advisors, health insurance brokers, accountants, attorneys, and HR consultants, just to name a few. HBL is passionate about advising clients, and we are dedicated to our mission: to provide comprehensive, personalized, and practical ERISA and benefits legal solutions that exceed client expectations.

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