News & Analysis as of

Liquidated Damages Enforcement Actions

Jackson Lewis P.C.

Employers Won’t Face Double Damages from DOL Wage and Hour Division’s Administrative Proceedings

Jackson Lewis P.C. on

The U.S. Department of Labor’s Wage and Hour Division (WHD) has issued new internal guidance that significantly changes its approach to administrative settlements under the Fair Labor Standards Act (FLSA). In Field Assistance...more

Morgan Lewis

US Department of Labor Rolls Back Biden-Era FLSA Practices

Morgan Lewis on

The US Department of Labor has recently rolled back two critical Biden-era wage and hour practices. First, the DOL has stated that it will no longer enforce the 2024 Final Rule’s framework for determining employee or...more

Seyfarth Shaw LLP

WHD Makes it Clear: Double Damages are (Liqui)Dated

Seyfarth Shaw LLP on

The DOL’s Wage and Hour Division just scrapped its policy of seeking liquidated damages (double damages) in FLSA investigations. Why? Because it probably didn’t have the statutory authority in the first place, and doing so...more

Bradley Arant Boult Cummings LLP

No Longer Doubling Down: DOL Will Not Seek Liquidated Damages in Wage Claims Before Suit

The call or visit that no employer wants to receive: a Department of Labor representative asking to look at your payroll records. The Fair Labor Standards Act (FLSA) gives the Department of Labor’s Wage and Hour Division...more

Fox Rothschild LLP

United States DOL announces that it will no longer oversee the payment of liquidated damages in FLSA administrative hearings

Fox Rothschild LLP on

Last week the Wage and Hour Division of the United States Department of Labor (“WHD”) made a significant announcement concerning the available damages in administrative proceedings. In a field assistance bulletin it...more

Blank Rome LLP

Ding! Dong! U.S. DOL Assessment of Liquidated Damages Is Dead!

Blank Rome LLP on

The United States Department of Labor (“DOL”) issued a Field Assistance Bulletin (“FAB”) on June 27, 2025, putting to bed, hopefully once and for all, the DOL’s unauthorized practice of requiring employers to pay liquidated...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Wage and Hour Division to No Longer Seek Liquidated Damages

On June 27, 2025, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) issued new field assistance indicating it will no longer seek liquidated damages in administrative matters against employers for unpaid minimum...more

Foley & Lardner LLP

In Case You Missed It: DOL Prohibited From Collecting Liquidated Damages in Wage & Hour Pre-Litigation Investigations

Foley & Lardner LLP on

In case you missed it, the Department of Labor (DOL) issued a News Release on Friday, June 27, 2025, announcing it would no longer seek liquidated damages during pre-litigation investigations or associated settlements (this...more

Littler

U.S. Department of Labor to Stop Seeking Liquidated Damages in Wage and Hour Investigations

Littler on

On June 27, 2025, the U.S. Department of Labor Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2025-3 (FAB 2025-3), advising that it will no longer request or attempt to collect liquidated damages in...more

CDF Labor Law LLP

DOL Terminates Practice of Seeking Liquidated Damages in Wage and Hour Investigations and Administrative Settlements

CDF Labor Law LLP on

Most California employers do not get investigated by the United States Department of Labor (“USDOL”) because wage and hour enforcement in California is generally covered by the California Labor Commissioner and plaintiffs in...more

Lathrop GPM

New Jersey Federal Court Grants Summary Judgment Against Hotel Franchise Agreement Guarantor Enforcing Liquidated Damages...

Lathrop GPM on

A federal court in New Jersey recently granted summary judgment against the guarantor of a hotel franchise agreement, requiring him to pay contractual post-termination damages. Ramada Worldwide Inc. v. Keys Hosp., LLC, 2024...more

Parker Poe Adams & Bernstein LLP

Labor Department Continues to Pursue Restaurant Owners for Illegal Tip Pools

Under the Fair Labor Standards Act (FLSA), business owners and managers may not share in their servers’ tips. In recent weeks, the U.S. Department of Labor’s Wage and Hour Division announced recoveries against two restaurants...more

Benesch

U.S. Customs Petition for Relief Primer

Benesch on

Enforcement action by U.S. Customs and Border Protection (CBP) is not uncommon even for the most diligent of importers or service providers. CBP may issue a Notice of Penalty in circumstances where it believes a violation...more

Benesch

U.S. Customs “Offers in Compromise” May Limit Exposure

Benesch on

Enforcement actions by U.S. Customs and Border Protection (CBP) are increasingly more intensive and less lenient than in the past based on our experience. It is not uncommon in today’s regulatory enforcement landscape for...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Asset Strategies International for Pay Discrimination

Asset Dealer Paid Female Manager Less Than Male Employees, Federal Agency Charges - BALTIMORE - Asset Strategies International, Inc., a Rockville, Md.-based full-service, tangible asset dealer specializing in precious...more

Morgan Lewis

OSHA Increases Scrutiny of Whistleblower Settlement Agreements

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Following the SEC’s lead, OSHA recently announced new guidelines that it will consider when deciding whether to approve settlement agreements reached during OSHA investigations of whistleblower claims....more

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