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Showing posts with the label liquidated damages

Supreme Court of California Rules Employers Can’t Claim Ignorance on State Wage Violations

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  On August 21, 2025, the Supreme Court of California ruled that employers must demonstrate that they took reasonable steps to comply with minimum wage laws to mount a good-faith defense against liquidated damages. The decision in  Iloff v. LaPaille  overturned an earlier state appellate court decision. The Supreme Court of California also ruled, with respect to claims for paid sick leave, that there is no private right of action to recover administrative penalties. Quick Hits The Supreme Court of California recently determined that employers need to show they tried to understand and comply with the state minimum wage rules in order to avoid paying liquidated damages after a violation. What constitutes a reasonable attempt will vary depending on the type of employer and the context. Arguing that the employer was ignorant of the minimum wage law is not sufficient for a good-faith defense. For paid sick leave claims, there is no private right of action to recover administra...

DOL Wage and Hour Division to No Longer Seek Liquidated Damages

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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...