Minimum Wage, Liquidated Damages, Employer Liability Issues

DOL Ends “Double” Damages in Pre-Litigation FLSA Cases

Polsinelli on 7/16/2025

What you need to know: DOL will no longer seek liquidated (double) damages in pre-litigation FLSA settlements, limiting recovery to unpaid wages. Liquidated damages still apply in court cases, so employers remain at...more

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

Jackson Lewis P.C. on 7/9/2025

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

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

Bradley Arant Boult Cummings LLP on 7/3/2025

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

Restaurant Owner Learns Dangers of Comingling Employees Between Locations – 4 Lessons for Hospitality Employers

Fisher Phillips on 3/22/2023

Federal wage officials recently announced that two Florida restaurants with common ownership failed to properly calculate overtime pay when their employees worked at both locations in the same workweek – sending a stark...more

Littler Lightbulb: Wage and Hour Developments During the First 100 Days of the Biden Administration

Littler on 5/4/2021

Last week, President Biden marked his 100th day in office. This Lightbulb illuminates some of the more important developments affecting wage and hour law taken during the first 100 days of the Biden administration....more

New Jersey Adds Sharp Teeth, and Employer Notice Duty, to Wage and Hour Law

Littler on 8/13/2019

On August 6, 2019, New Jersey enacted its Wage Theft Law, transforming the state’s wage and hour laws into one of the most robust in the country. As discussed below, the law substantially expands the civil and criminal...more

Two Recent FLSA Decisions Bring Good News to Employers

Mintz - Employment Viewpoints on 1/16/2019

As 2018 came to a close, a pair of federal court decisions provide much needed guidance on two thorny wage and hour issues that are being increasingly litigated nationwide under the Fair Labor Standards Act (FLSA). In one...more

Do Good Audits Exist? Minimizing Damages in FLSA Cases

Fisher Phillips on 4/18/2018

It's tax time, and perhaps the only thing worse than completing your tax returns is finding out that you're being audited. Common responses to undergoing an audit may involve gnashing of teeth, pulling of hair, and other...more

New Tip Pooling Guidelines For Employers

Sheppard Mullin Richter & Hampton LLP on 4/11/2018

The recent passage of the Consolidated Appropriations Act of 2018 (“H.R. 1625”), an 878-page omnibus spending bill, significantly changes the rules for tip pooling under the Fair Labor Standards Act (the “FLSA”). While the...more

II-30- Tackling 3 Big Wage and Hour Questions for Employers

Cozen O'Connor on 4/6/2018

Wage and hour issues continue to keep employers up at night, with new lawsuits and potential exposure not diminishing any time soon. Today’s episode tackles three important questions in this area: the meaning and potential...more

"Wage Theft"/"Wage Recovery" Bills Introduced

Fisher Phillips on 10/5/2017

Pending proposals would radically transform the federal Fair Labor Standards Act and the related federal Portal-to-Portal Act. Entitled the "Wage Theft Prevention and Wage Recovery Act" in both the House (H.R. 3467) and the...more

Third Circuit Clarifies What Constitutes a Willful Violation of the FLSA

McNees Wallace & Nurick LLC on 9/26/2017

The federal Fair Labor Standards Act (FLSA) establishes requirements for minimum wages and overtime pay. The FLSA’s requirements can be complex, and employers can face significant liability for unpaid wages and liquidated...more

2016 New York Employment Law Year In Review

Mintz - Employment Viewpoints on 2/28/2017

2016 brought big changes for New York State and City employers, including expansive new discrimination protections and substantial increases in the minimum wage and exempt salary thresholds. While New York employers who...more

California Legislative Update: August 2014

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/29/2014

AB 2074 amends Section 1194.2 of the California Labor Code to allow an employee who alleges minimum wage violations to file suit for liquidated damages any time before the expiration of the statute of limitation on the...more

How the New California Laws Will Impact Your Business in 2014 and Beyond, Part 1: Wage and Hour Legislation

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/30/2013

In 2013, Governor Jerry Brown signed into law approximately 9 out of 10 bills presented to him. This three-part blog series summarizes the new legislation and captures the key employment law related bills that are likely to...more

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