On June 2, 2025, the DOL introduced its enhanced opinion letter program. The program is designed to help employers and other stakeholders understand and comply with federal laws, including employee benefit laws that are enforced by the DOL.
The recently announced program spans five key DOL enforcement agencies, including the Employee Benefits Security Administration (EBSA), which oversees private retirement and health and welfare benefit plans. The EBSA will issue advisory opinions and information letters through the program. Advisory opinions apply the law to real-world questions and specific facts presented by employers and other stakeholders. Generally, these opinions concern matters where it is unclear how to apply existing regulations or guidance. Thus, advisory opinions, although technically limited in scope to the issues posed and requesting party, can provide insights to others regarding the DOL’s position on a particular topic. By contrast, information letters highlight well-established legal principles or interpretations. Both advisory opinions and information letters are designed to promote clarity, consistency, and transparency in the application of federal laws.
To support the program, the DOL launched a landing page at dol.gov/opinion-letters. This site allows users to review past guidance; for example, an employer could review historical information and access an opinion on whether stop-loss insurance purchased by an employer is considered plan assets for ERISA purposes. Moreover, the site provides instructions and tips for writing and submitting new requests for guidance.
Employer Takeaway
By launching the enhanced opinion letter program, the Trump administration is signaling the federal government’s intention to publicly release more guidance. Consequently, an increase in the issuance of DOL advisory opinions and information letters is expected over the next few years. This is likely welcome news for many employers, who, as plan administrators, must often navigate situations in which existing compliance guidance is lacking or ambiguous. The enhanced program may help these employers determine a reasonable course of action with less doubt.
Accordingly, the program provides employers with the opportunity to obtain clear, written guidance from the DOL and possibly reduce compliance and legal risks. Of course, employers considering requesting guidance from the DOL through the program should engage experienced employee benefits counsel to discuss and draft the request and to explain the potential legal and practical implications of an advisory opinion.
We will be monitoring the revamped program and website and will report any relevant updates in Compliance Corner.