The Department of Labor recently published a new Field Assistance Bulletin (FAB) taking the position that the DOL does not have authority to seek or collect payment of liquidated damages in any administrative matter under the federal wage law called the Fair Labor Standards Act (FLSA).
Rather, it takes the position that only courts can do so, reversing DOL positions during the Obama and Biden administrations. Going forward, therefore, the DOL will not seek liquidated damages in wage and hour matters under the FLSA in its administrative proceedings.
According to the DOL’s press release regarding the FAB, “ending this practice will foster more effective dispute resolution and ensure more fair, timely outcomes for American workers and businesses.”
Read the entire bulletin here: fab2025-3.pdf