October 28, 2025 • News

USDOL Publishes Four New Opinion Letters

The U.S. Department of Labor (USDOL) recently published four new opinion letters on the following Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) issues:

• FLSA2025-03: Addressing whether a restaurant employer may include “front-of-house” oyster shuckers in a traditional tip pool with servers for whom the employer takes a tip credit under section 3(m)(2)(A) of the FLSA.
• FLSA2025-04: Addressing whether “emergency pay” provided to firefighters and other employees of a city must be included in the regular rate of pay used to calculate overtime premiums under section 7€ of the FLSA, and if so, how to calculate the regular rate when such pay is included.
• FLSA2025-05: Addressing whether two entities that are physically connected, and whose ownership, management, and operations (among other things) appear common, are jointly and severally liable for all aspects of compliance under the FLSA.
• FMLA2025-02-A: Addressing how to calculate the number of hours of FMLA leave available to correctional law enforcement employees who work a fixed “Pitman Schedule” requiring 12-hour shifts over a two-week cycle that includes mandatory overtime.

An opinion letter provides employers with the USDOL’s official written opinion of how a particular WHD law applies to a specific set of facts presented by the requesting entity. For more information on opinion letters or to submit a request for an opinion letter, see the WHD website.