In Case You Missed It: DOL Prohibited From Collecting Liquidated Damages in Wage & Hour Pre-Litigation Investigations

In case you missed it, the Department of Labor (DOL) issued a News Release on Friday, June 27, 2025, announcing it would no longer seek liquidated damages during pre-litigation investigations or associated settlements (this does not apply to instances where actual litigation is involved). The News Release also described the associated Field Assistance Bulletin, which “prohibits” the DOL from seeking such damages on a pre-litigation basis. For those that remember Trump 1.0, this is a return to the policy implemented by the Department of Labor during that administration. It had reversed the Obama administration’s practice of requiring liquidated damages in all cases; the policy was re-implemented under President Biden.

If you have a pending DOL wage and hour investigation, this may assist you in resolving the matter.