US Department of Labor issues 4 opinion letters addressing emergency pay, tip pooling, family medical leave, Fair Labor Standards Act compliance

WASHINGTON - The U.S. Department of Labor's Wage and Hour Divisiontoday announced four opinion letters designed to promote clarity, consistency, and transparency in the application of federal labor standards.

The opinion letters provide official written interpretations from the division that address real-world questions and explain how laws apply to specific factual circumstances presented by individuals or organizations, that may also have a broader interest to those impacted by the issue presented.

"Under President Trump's leadership, we are taking steps to make government more efficient by actively responding to the needs of businesses and workers," said Deputy Secretary of Labor Keith Sonderling. "These four opinion letters provide clear and consistent guidance to the public, ensuring employers have the information they need to comply with the law and positioning them for long-term success."

The opinion letters issued today are:

• 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(e) 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 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 Family and Medical Leave Act 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.

In June, Deputy Secretary of Labor Keith Sonderling announced the launch of the department's opinion letter program, which expands the department's longstanding commitment to providing meaningful compliance assistance that helps workers, employers, and other stakeholders understand how federal labor laws apply in specific workplace situations.

The public is encouraged to use the division's new opinion letters pageto explore past guidance and submit new requests. The division will exercise discretion in determining whether and how it will respond to each request, which will focus primarily on attempting to address issues of broad-based concern.

The Wage and Hour Division offers multiple compliance assistance resourcesto provide employers the information they need to comply with the law. Employers and workers can contact the division at its toll-free number, 1-866-4-US-WAGE (487-9243).