HIGHLIGHTS

“On June 27, 2025, the Department of Labor (“DOL”) issued Field Assistance Bulletin 2025-3 (“FAB 2025-3”) effectively rescinding the DOL’s prior practice of assessing (or threatening to assess) liquidated damages at the administrative investigation phase of wage and hour complaints under the Fair Labor Standards Act (“FLSA”).   In other words, per FAB 2025-3, the DOL will only seek awards of liquidated damages for wage and hour violations once they are actually litigated, and either an award or a settlement is reached.”