Ding! Dong! U.S. DOL Assessment of Liquidated Damages Is Dead!

Jason E. Reisman 

The United States Department of Labor (“DOL”) issued a Field Assistance Bulletin (“FAB”) on June 27, 2025, putting to bed, hopefully once and for all, the DOL’s unauthorized practice of requiring employers to pay liquidated damages in pre-litigation wage and hour matters. For years, during administrative investigations, the DOL would seek to impose, and/or threaten litigation over the imposition of, liquidated damages when it found violations of the Fair Labor Standards Act (“FLSA”). Not anymore.

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