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Department of Labor (DOL) Liquidated Damages

Clark Hill PLC

The Learned Concierge - November 2023, Vol. 2

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The Learned Concierge Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Parker Poe Adams & Bernstein LLP

Labor Department Continues to Pursue Restaurant Owners for Illegal Tip Pools

Under the Fair Labor Standards Act (FLSA), business owners and managers may not share in their servers’ tips. In recent weeks, the U.S. Department of Labor’s Wage and Hour Division announced recoveries against two restaurants...more

Kohrman Jackson & Krantz LLP

DOL Works to Limit the Number of Overtime Exempt Workers with Proposed New Rule

FAIR LABOR STANDARDS ACT (FLSA) OVERVIEW - The Fair Labor Standards Act (FLSA) requires that all covered employers pay their employees compensation for hours worked over forty per week at one and a half times their regular...more

Fisher Phillips

Restaurant Owner Learns Dangers of Comingling Employees Between Locations – 4 Lessons for Hospitality Employers

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Federal wage officials recently announced that two Florida restaurants with common ownership failed to properly calculate overtime pay when their employees worked at both locations in the same workweek – sending a stark...more

Jackson Lewis P.C.

Are Non-Emergency Transport Providers Employees or Independent Contractors? Jury Questions Exist, Eighth Circuit Holds

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Reversing summary judgment in favor of the U.S. Department of Labor (DOL), the Eighth Circuit has held that jury questions exist as to whether the defendant employed drivers who provide non-emergency medical transport...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Restaurant's Mandatory Service Charge Wasn't a Tip

In the current battle to hire and retain good workers, employers have developed creative ways to balance employees’ increased compensation expectations against the costs of running a business. In addition, restaurants using...more

Fisher Phillips

Florida Home Healthcare Worker Found to be Misclassified as Contractor – An Employer’s Survival Guide to Avoid Similar Fate

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In a stunningly broad ruling that should send shivers down the spine of every home healthcare agency that uses an independent contractor workforce, a Florida federal court ruled on April 12 that a home healthcare worker who...more

Fox Rothschild LLP

New Washington State Lien Law Increases Pressure On Employers To Pay Wage Claims: What’s Next?

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When the DOL audits an employer and finds wages due, the employer, albeit unhappily, then pays the wages and (hopefully) changes its errant ways. There are times when the employer cannot or will not pay and then the agency or...more

Sherman & Howard L.L.C.

The DOL Reinstates Policy To Seek Double Damages In Pre-Litigation Settlement Discussions

The U.S. Labor Department (DOL) has revoked a Trump-era policy that reduced the pre-litigation amount an employer would have to pay to settle with the DOL for violating the Fair Labor Standards Act (FLSA) by deemphasizing the...more

Maynard Nexsen

Pre-Litigation Investigations and Liquidated Damages

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Earlier this month, the Department of Labor (DOL) announced that it will return to its practice of pursuing liquidated damages in connection with pre-litigation investigations and settlements of wage and hour claims. This...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Resumes Demands for Liquidated Damages During Wage and Hour Investigations

Under the Fair Labor Standards Act, employers found liable for failure to pay overtime or minimum wages can be assessed liquidated damages in an amount equal to the unpaid wages. Prior to the Trump administration, the U.S....more

DirectEmployers Association

OFCCP Week In Review: April 2021 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Proskauer - Law and the Workplace

DOL and Liquidated Damages: The Breakup Only Lasted 9 Months

On April 9, 2021, the U.S. Department of Labor (DOL) rescinded the Trump-era enforcement practice of abstaining from seeking liquidated damages in connection with pre-litigation investigations and settlements of wage and hour...more

ArentFox Schiff

DOL to Seek Liquidated Damages in Pre-Litigation Settlements

ArentFox Schiff on

In a new Field Assistance Bulletin (FAB), the Wage and Hour Division announced that it will return to pursuing liquidated damages from employers found due in its pre-litigation investigations provided that the Regional...more

Ballard Spahr LLP

DOL Revokes Trump Policy Limiting Double Damages for Wage Violations

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In another policy change that is designed to benefit workers and penalize businesses that violate the law, the federal government announced that employers who violate the overtime or minimum wage provisions of the federal...more

Locke Lord LLP

Updates From the Agencies: COVID, COVID, COVID and Then Some

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It is no surprise that COVID-19 matters have preoccupied federal agencies in recent months. Among the key agency developments are updates from the U.S. Equal Employment Opportunity Commission (“EEOC”) and the Department of...more

Fox Rothschild LLP

USDOL States It Will No Longer Routinely Seek Liquidated Damages In Administrative Investigations: A Return To Normalcy

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The last several years have been quite worrisome to me, as a management side practitioner, on the issue of USDOL agency-initiated liquidated damages assessments. It used to be that only when the USDOL took an entity to court...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Waives Double Damages During Administrative Investigations

If an employer fails to comply with federal overtime or minimum wage requirements imposed under the Fair Labor Standards Act, it can be held liable not only for unpaid wages, but also for liquidated damages equal to that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - June 2020 #4

Administration Limits Nonimmigrant Visas. On June 22, 2020, President Trump issued a Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak. The proclamation...more

Proskauer - Law and the Workplace

DOL To Refrain From Seeking Liquidated Damages in Most Pre-Litigation Settlements

Effective July 1, 2020, the U.S. Department of Labor (DOL) will pull back on seeking liquidated damages in pre-litigation settlements of wage claims and investigations. The change in policy, announced in Field Assistance...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - June 2020 #3

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Despite Big SCOTUS Win For Dreamers, President Trump Continues to Restrict Immigration Through Executive Action.  As we noted here, just last week, SCOTUS issued its opinion in Department of Homeland Security v. Regents of...more

Benesch

DOL Curtails Practice Of Seeking Double Damages From Employers In Wage Investigations

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The U.S. Department of Labor (“DOL”) has issued new guidance restricting when the government can seek liquidated damages, which double the amount owed by employers, to settle overtime and minimum wage investigations prior to...more

Ballard Spahr LLP

DOL Hits Pause on Collecting Liquidated Damages

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On June 24, 2020, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin changing the DOL’s typical practice of seeking liquidated damages in settlements in lieu of litigation. Specifically, Field Assistance...more

Fisher Phillips

Labor Department Announces Double Damages Reprieve For Employers

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The U.S. Department of Labor just announced that, effective July 1, it will not seek liquidated damages in wage and hour investigations against employers as a matter of course. This is a welcome development for those...more

ArentFox Schiff

Wage and Hour Division Ends Practice of Seeking Liquidated Damages in Pre-Litigation Settlements

ArentFox Schiff on

The US Department of Labor’s Wage and Hour Division announced a policy change that is sure to please employers facing administrative FLSA back wages claims. Effective on July 1, 2020, the Division will cease to routinely...more

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