DOL Revives Double Damages Awards for Wage Violations

The U.S. Department of Labor’s Wage and Hour Division has given investigators greater discretion in when to seek liquidated damages – double the amount of back pay an employer owes - in pre-litigation settlements for employers’ violations of the overtime or minimum wage provisions of the federal Fair Labor Standards Act.

Alison Lungstrum MacneillCampbell Litigation, P.C.April 22, 2021DOL, WHD, FLSA, Pre-litigation damages, Department of LaborComment

Department of Labor’s Clarifies Weekly Hourly Requirements and Salary Deductions For Fluctuating Workweek Calculation in a New Opinion Letter

On August 31, 2020, the Department of Labor’s Wage and Hour Division (“WHD”) issued an opinion letter (the “Opinion Letter”) regarding the workweek fluctuation method. The Opinion Letter clarifies that employees’ hours do not need to fluctuate below 40 hours per week to qualify for the fluctuating workweek calculation method.

Aaron ChaetCampbell Litigation, P.C.September 3, 2020WHD, Wage and Hour Division, Wage and Hour, FLSA, Fair Labor Standards Act, Fluctuating WorkweekComment

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