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On September 8th, 2026, multiple U.S. Department of Labor (DOL) agencies released workplace opinion letters on critical topics to provide guidance and transparency for employees, job creators, and retirees. Specifically, the workplace opinion letters cover topics ranging from the coverage of wage and hour laws that affect faith-based organizations to enforcement policy under the Mental Health Parity and Addiction Equity Act to a discussion of a newly formed union’s initial officer selection process. Although the opinion letters focus on specific sections of the national workforce (for example, some letters focus on miners while others are directed toward apprentices and apprenticeships), the overall concepts in the workplace opinion letters fall under the Fair Labor Standards Act (FLSA). The FLSA applies to most employers in most workplaces. Earlier, in June 2026, the DOL published its annual update announcement regarding federal civil monetary penalties. In its release, the agency announced that no penalty increases will occur this year.
The Fair Labor Standards Act (FLSA)
As previously noted, all ideas, concepts, laws, and regulations discussed in this latest round of workplace opinion letters are dictated by the FLSA. As the nation’s primary wage & hour law and one of the major employment laws employers must follow, the FLSA is commonly known as the law that regulates the nation’s minimum wage, overtime protections, and tip regulations for non-exempt part-time and full-time employees.
Comments from the DOL Acting Secretary
Along with the release of the workplace opinion letters, DOL Acting Secretary Keith Sonderling explained why the letters were being published:
“This Labor Day, the Department of Labor is providing all of its stakeholders with greater clarity on federal labor laws. This Administration is committed to clear, practical compliance assistance that helps workers understand their rights, helps employers understand their obligations, and gives all stakeholders the certainty they need to comply with the law. In honor of Labor Day, 10 agencies across the Department of Labor are delivering on that commitment.”
Opinons and Resources by Agency
The following are overviews of the workplace opinion letters and resources released by the various agencies. The information below is not the full text, but an explanation of what the resource is, with a link to access it. Each resource is divided up by the agency that provided it.
Bureau of International Labor Affairs (ILAB)
Last week, ILAB released videos highlighting stories that put workers front and center. From shrimpers on the Gulf Coast to workers in Alaska powering critical minerals supply chains, the recordings, according to the Department of Labor, demonstrate how foreign competition driven by labor abuse undercuts U.S. industries.
Center For Faith Resource
The DOL’s Center for Faith created a resource to answer common questions that faith-based organizations have asked the agency in the past regarding federal wage and hour laws.
Employee Benefits Security Administration (EBSA)
The EBSA recently issued an advisory opinion on whether the Blue and Gold Automotive Health Trust Fund Welfare Benefit Plan constitutes a viable association health plan under the Employee Retirement Income Security Act (ERISA). Basically, the Blue & Gold Automotive Health Trust was created to help affected employers join together and obtain more favorable healthcare pricing options for their employees.
Additionally, the EBSA also published a field assistance bulletin outlining the guiding principles for its enforcement policy regarding the Mental Health Parity and Addiction Equity Act. Specifically, Field Assistance Bulletin No. 2026-03 discusses focusing resources on areas that will have the greatest impact on access to mental health and substance use disorder benefits.
Employment and Training Administration (ETA)
The ETA released Training and Employment Notice 05-26, which establishes a five-component framework for effective pre-apprenticeships. The agency also issued Circular 2026-04, informing employers that sponsor registered apprentices about how to obtain money made available through the new Workforce Pell Grant, created by the Working Families Tax Cuts Act.
Finally, the ETA published Unemployment Insurance Program Letter 14-26, furthering President Trump’s directive to fight fraud by setting expectations for state workforce agencies to develop and implement plans to combat fraud in their state-level unemployment insurance systems and clarifying when states must adopt corrective action plans to protect against the misuse of tax dollars.
Mine Safety and Health Administration (MSHA)
Concurrently, to achieve more consistent outcomes, MSHA recently centralized its negotiators into the Conference Litigation and Investigative Resources group. This new structure will streamline conferences, reduce litigation costs, and strengthen the agency's credibility before judges, operators, and miners.
Lastly, MSHA recently launched a new, comprehensive “professionalism” training course for inspectors. Similarly, managers and administrative staff in the field who also interact with the public can take this course.
Occupational Safety and Health Administration (OSHA)
Although not recently issued, the DOL wants to remind employers that OSHA’s Voluntary Protection Programs promote effective worksite-based safety and health by recognizing businesses for achievements in creating stronger, safer worksites.
Office of Disability Employment Policy (ODEP)
Meanwhile, the ODEP unveiled the Make Work Pay Hub (Hub). Presently, this new website helps job seekers, workers, retirees, and employers find financial planning resources. Additionally, the Hub features ABLE accounts, which let eligible workers save for disability-related expenses without affecting federal benefits, and Trump accounts, which are new tax-advantaged savings accounts for any U.S. citizen under 18.
Office of Labor-Management Standards (OLMS)
Earlier, OLMS issued an advisory opinion letter considering whether a newly formed union’s initial officer selection process is subject to the election protections and requirements of Title IV of the Labor-Management Reporting and Disclosure Act.
Veterans’ Employment and Training Service (VETS)
VETS issued an opinion letter considering whether the Uniformed Services Employment and Reemployment Rights Act (USERRA) protects employees from any retaliatory action by their employers because they engaged in USERRA-protected activity.
Wage and Hour Division (WHD)
Last week, the WHD released three opinion letters responding to important questions on the application of the Fair Labor Standards Act (FLSA):
- FLSA 2026-11: Whether an uncompensated 60-minute lunch break, during which employees spend six to 14 minutes walking to and from the employer’s designated break area, constitutes a bona fide meal period.
- FLSA 2026-12: Whether FLSA-exempt employees of a nonprofit organization may volunteer, outside of their normal work hours, to perform services for their employing organization.
- FLSA 2026-13: Whether the FLSA allows a restaurant supervisor who also works as a bartender to keep a portion of other employees’ tips and the extent to which he or she may participate in a tip pool.
The agency also updated its mobile app timesheet, now called WorkWise Timesheet. Markedly, the updated resource provides streamlined tools for tracking regular work hours, breaks, overtime, and pay for both employees and employers.
Employer Takeaways
In conclusion, although the examples in the workplace opinion letters involve specific locations and industries, the FLSA’s laws and regulations apply to most businesses. This blog post serves as a timely reminder to all employers to ensure they follow the FLSA's rules. If you have questions, please consult your local labor office or seek advice from your legal counsel.
To support employers, WorkWise Compliance now offers monthly and annual compliance plans to help businesses meet their legal obligations under workplace laws, including virtual consulting services on key labor law compliance topics. These services can help affected businesses address current and proposed DOL regulations on proper wage and hour and other labor practices.
