The U.S. Department of Labor’s Wage and Hour Division announced on Labor Day that it has issued three new opinion letters to help promote clarity, consistency, and transparency in the application of federal labor standards:

• FLSA2026-11: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.
• FLSA2026-12: Whether FLSA-exempt employees of a nonprofit organization may volunteer, outside of their normal work hours, to perform services for their employing organization.
• FLSA2026-13: 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 may participate in a tip pool.

Opinion letters provide official written interpretations from the division, explaining how laws apply to specific factual circumstances presented by individuals, employers, or organizations.

In June 2025, Acting Secretary of Labor Keith Sonderling announced the relaunch of the department’s opinion letter program. This program 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.

Use the division’s opinion letters page to explore past guidance and to find information on how to submit a request for an opinion letter. Generally, opinion letters concern matters where the application of existing regulations or guidance is unclear. We will exercise discretion in determining whether and how to respond to each request, and will focus primarily on attempting to address issues of broad-based concern.

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