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Sunday, May 17, 2026

Can the DOL Seek Punitive Damages for FLSA Retaliation? A Kentucky Case May Shape the Answer - Ogletree

  • In Sonderling v. Ikes Artisan Pizza LLC, the DOL argued that the FLSA’s anti-retaliation provision grants courts broad authority to award punitive damages against employers.
  • The case implicates an unresolved circuit split and could significantly increase financial exposure under the FLSA retaliation.

The Ikes Artisan Pizza case centers on a complaint filed by the DOL in 2022 alleging that the employer retaliated against an employee for communicating with the Kentucky Labor Cabinet regarding her wages. In 2024, the U.S. District Court for the Eastern District of Kentucky denied the employer’s motion for summary judgment, which set the case on the path to trial. This also put a novel issue—whether courts have authority under the FLSA to award punitive damages against employers that retaliate against workers for exercising rights under the FLSA—squarely before the district court.

The DOL’s Argument: Broad Remedial Authority

In a brief filed on April 27, 2026, the DOL argued that the FLSA’s anti-retaliation provision provides courts with broad authority to determine what remedies are appropriate when employees face retaliation for asserting rights under the FLSA. The DOL’s argument is premised on statutory language providing that employers can be held liable for “such legal or equitable relief as may be appropriate[.]” According to the DOL, this language demonstrates that the U.S. Congress intended to give courts flexibility with remedies as necessary to deter retaliation....



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