Labor & Employment Law Daily Wrap Up, DOL NEWS—Wage and Hour Division no longer seeks liquidated damages in administrative investigation stage, (Jul 9, 2025)
By Brandi O. Brown, J.D.
In the field assistance bulletin released in late June, WHD argues that it is not authorized to seek or recover liquidated damages except for in enforcement litigation.
In a field assistance bulletin released in June, which became effective immediately, the Wage and Hour Division of the Department of Labor announced that DOL will no longer seek liquidated damages in any pre-litigation investigation or resolution, a decision that will also cover actions by the Solicitor’s Office prior to filing a lawsuit.
In the previous Trump administration, the Department likewise sought to put an end to the pursuit of liquidated damages prior to litigation. That approach was eschewed in 2021, when “WHD expanded the practice again.” It now argues that Congress has only authorized the award of liquidated damages in judicial proceedings and “not in administrative matters under §216(c).”
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