News & Analysis as of

Liquidated Damages Fair Labor Standards Act (FLSA) Labor Law Violations

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

Ballard Spahr LLP

DOL Revokes Trump Policy Limiting Double Damages for Wage Violations

Ballard Spahr LLP on

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

Fisher Phillips

Labor Department Announces Double Damages Reprieve For Employers

Fisher Phillips on

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

McNees Wallace & Nurick LLC

Third Circuit Clarifies What Constitutes a Willful Violation of the FLSA

The federal Fair Labor Standards Act (FLSA) establishes requirements for minimum wages and overtime pay. The FLSA’s requirements can be complex, and employers can face significant liability for unpaid wages and liquidated...more

Fisher Phillips

More About USDOL's Liquidated-Damages Policy

Fisher Phillips on

We wrote last December about our ongoing efforts to secure a copy of an undisclosed "policy" that various U.S. Department of Labor officials have referred to in insisting that an employer pay at least some amount in...more

Seyfarth Shaw LLP

No “Double Dipping”! Second Circuit Rejects Combination of Liquidated Damages Under FLSA and NY Labor Law

Seyfarth Shaw LLP on

Amid the uncertainty concerning the DOL’s enjoined overtime exemption rules and similar state-led efforts to increase the salary threshold, such as in New York, the Second Circuit recently gave employers an early holiday...more

Proskauer - Law and the Workplace

Recovery of Liquidated Damages Under Both FLSA and State Law Improper, Says Second Circuit

In a summary order issued on December 7, the Court of Appeals for the Second Circuit–in Chowdhury v. Hamza Express Food Corp., No. 15-3142-cv–held that an award of liquidated damages under both the Fair Labor Standards Act...more

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