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 wage or overtime under the Fair Labor Standards Act (FLSA) . The field assistance takes the position that the WHD is not authorized to seek liquidated damages unless it does so through a lawsuit. Quick Hits The WHD issued field assistance instructing regional solicitors (RSOLs) to stop seeking liquidated damages in administrative matters over unpaid minimum wage and overtime. The field assistance states that the WHD has determined that the FLSA does not authorize the secretary of labor to seek liquidated damages unless the division files a lawsuit, a change to recent enforcemen t. The policy change took effect on June 27, 2025, and applies prospectively. Field Assistance Bulletin (FAB) No. 2025-3 clarifies that the WHD may not supervise the payment of liquid...