Lockdown claims fake — DOH, DOE - Inquirer.net
MANILA, Philippines — With most national newspapers on their annual Good Friday break, purveyors of fake news managed to get free passes to disinform the public, falsely claiming “lockdowns” in th...
Employers Won’t Face Double Damages from DOL Wage and Hour Division’s Administrative Proceedings - The National Law Review
Takeaways
- The WHD will no longer seek liquidated damages when trying to settle wage violations through administrative proceedings.
- The policy change took effect 06.27.25 and does not apply prospectively to prior written agreements with the WHD.
- The DOL said it may continue to pursue liquidated damages when it files litigation in court.
Article
The U.S. Department of Labor’s Wage and Hour Division (WHD) has issued new internal guidance that significantly changes its approach to administrative settlements under the Fair Labor Standards Act (FLSA). In Field Assistance Bulletin (FAB) No. 2025-3, Acting Wage and Hour Administrator Donald M. Harrison rescinded FAB 2021-2, issued under the Biden Administration, which authorized WHD to pursue liquidated (or double) damages against employers at the administrative investigation stage.
As a matter of agency policy, the acting administrator prohibits the agency’s regional solicitors (RSOLs) from seeking liquidated damages, except when the WHD pursues an enforcement action in court.
Field Assistance Bulletin
According to the FAB, the FLSA does not authorize the agency to pursue liquidated damages when supervising payments to workers in administrative (pre-litigation) proceedings under Sec. 216(c). Rather, employees can recover liquidated damages only through a judicial proceeding pursuant to FLSA Sec. 216(b).
Only courts have the authority to determine whether liquidated damages are...
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