DOL issues four opinion letters

As the federal government shutdown loomed on September 30, 2025, the U.S. Department of Labor (DOL) announced its first four opinion letters since it reopened the program in June.

The opinion letters issued 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 Fair Labor Standards Act (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; and
• FMLA2025-02-A: Addressing how to calculate the number of hours of Family and Medical Leave Act (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.

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