Minimum Wage, Settlement, Fair Labor Standards Act (FLSA)

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

Turning the Other Cheek(s): Second Circuit Mandates Court Review of Dismissal of FLSA Case Without Prejudice

Bradley Arant Boult Cummings LLP on 2/15/2022

What is the right way to dismiss a case the parties have settled, and are FLSA cases different? Typically, when parties to a lawsuit settle a case, they merely alert the court of the settlement and then file a stipulation of...more

Money for Nothing! Court Allows Employees to Pursue Lawsuit Despite DOL Settlement

Seyfarth Shaw LLP on 7/18/2017

Seyfarth Synopsis: The majority of courts have held that releases of FLSA rights require approval by a court or the US Department of Labor. A recent case in the Southern District of New York highlights a dilemma employers...more

The Benefits of Settling Employee Wage Claims Through the Department of Labor

Carlton Fields on 1/14/2015

The Fair Labor Standards Act (FLSA), as construed by the U.S. Department of Labor (DOL) in its extensive regulations promulgated under the Act, governs federal wage and hour law. Where an employer is an enterprise engaged in...more