On October 31, 2025, the U.S. Department of Labor (DOL) announced the resumption of processing for employer requests related to prevailing wage determinations and labor certifications for both temporary and permanent employment.
Previously, the Office of Foreign Labor Certification’s (OFLC) Foreign Labor Application Gateway (FLAG) system was taken offline at
Articles Discussing The Department Of Labor.
Senate Confirms New Administrator to Lead DOL’s Wage and Hour Division
On October 7, 2025, the U.S. Senate confirmed, by a 51–47 vote, the nomination of Andrew Rogers to be administrator of the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD). The division enforces federal labor laws related to minimum wage, overtime pay, child labor, and family and medical
DOL Brings Back Payroll Audit Independent Determination (PAID) Program
DOL Brings Back Payroll Audit Independent Determination (PAID) Program
The U.S. Department of Labor (DOL) announced on July 24, 2025, the return of its Payroll Audit Independent Determination (PAID) program.
tgelbman@littler.com Thu, 07/24/2025 – 16:50
Employers Won’t Face Double Damages from DOL Wage and Hour Division’s Administrative Proceedings
TakeawaysThe 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.Related linkField Assistance Bulletin No. 2025-3
WHD Drops Proposal to End Subminimum Wages for Workers With Disabilities
The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) is withdrawing a Biden-era proposal to end the practice of paying subminimum wages to workers with certain disabilities after determining that the agency lacks statutory authority under the Fair Labor Standards Act (FLSA) to unilaterally terminate the practice.
DOL Withdraws Rule Aimed at Eliminating Subminimum Wages for Workers with Disabilities
DOL Withdraws Rule Aimed at Eliminating Subminimum Wages for Workers with Disabilities
On July 7, 2025, the U.S. Department of Labor (DOL) formally withdrew its Notice of Proposed Rulemaking (NPRM) that would have amended 29 C.F.R. part 525 by phasing out the issuance of certificates authorizing subminimum wages to workers
DOL Wage and Hour Division to No Longer Seek Liquidated Damages
On June 27, 2025, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) issued new field assistance indicating it will no longer seek liquidated damages in administrative matters against employers for unpaid minimum wage or overtime under the Fair Labor Standards Act (FLSA). The field assistance takes the
DOL Terminates Practice of Seeking Liquidated Damages in Wage and Hour Investigations and Administrative Settlements
Most California employers do not get investigated by the United States Department of Labor (“USDOL”) because wage and hour enforcement in California is generally covered by the California Labor Commissioner and plaintiffs in class and PAGA cases, given the fact that state law wage and hour requirements are much more onerous than the federal wage and hour requirements. However, occasionally DOL will conduct audits and investigations of California employers in response to employee complaints. Recently, one of my clients was investigated for alleged FMLA violations.
Earlier today, the Wage and Hour Division of the USDOL issued a press release and field assistance bulletin prohibiting the USDOL from seeking liquidated damages in any pre-litigation investigation. In addition, these pronouncements also prohibit the USDOL from recovering liquidated damages as part of any settlement/resolution of any pre-litigation matter. While USDOL retains the right to seek liquidated damages in judicial proceedings where it files suit against employers for violating federal labor laws, it will no longer do so in pre-litigation proceedings, investigations and settlements.
The practice of seeking liquidated damages against employers in administrative investigations and settlements started under President Obama. It was discontinued under the first Trump administration, but renewed again under Biden. This is a positive development for employers being investigated by the USDOL for potential federal wage and hour violations and violations of other federal labor laws (like FMLA) under the jurisdiction of the USDOL.
If you have any questions about the impact of this change, please contact Mark Spring or your favorite CDF attorney.
U.S. Department of Labor to Stop Seeking Liquidated Damages in Wage and Hour Investigations
U.S. Department of Labor to Stop Seeking Liquidated Damages in Wage and Hour Investigations
On June 27, 2025, the U.S. Department of Labor Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2025-3 (FAB 2025-3), advising that it will no longer request or attempt to collect liquidated damages in
DOL Relaunches Opinion Letter Program Amid Shifting Enforcement Priorities
On June 2, 2025, the Department of Labor (DOL) launched its Opinion Letter program. Opinion Letters are official written responses from the DOL that explain how it would apply statutes and regulations under particular facts presented by a requesting party.
Senate Committee Questions DOL, EEOC Nominees
Senate Committee Questions DOL, EEOC Nominees
On June 18, 2025, the Senate Committee on Health, Education, Labor & Pensions held a hearing to consider four key nominations for leadership roles at the U.S. Department of Labor and the Equal Employment Opportunity Commission. The nominees included Jonathan Berry (solicitor, DOL), Andrea
New DOL/EBSA Opinion Letter Program Offers A Path to Clarity for Plan Sponsors
On June 2, 2025, the U.S. Department of Labor (DOL) announced a significant expansion of its compliance assistance tools by launching an Opinion Letter Program across five key enforcement agencies, including the Employee Benefits Security Administration (EBSA). This initiative aims to provide employers, plan sponsors, and other stakeholders with clear,
Department of Labor Announces Expansion of Interpretation Letters Initiative
On June 2, 2025, Deputy Secretary of Labor Keith Sonderling announced a renewed and expanded commitment by the U.S. Department of Labor (DOL) to the issuance of interpretation letters—commonly referred to as opinion letters or standard interpretations—intended to provide clear, timely, and authoritative guidance on federal labor laws. This initiative
U.S. Department of Labor Expands Opinion Letter Program
U.S. Department of Labor Expands Opinion Letter Program
On June 2, 2025, the U.S. Department of Labor (DOL) expanded its opinion letter program, which should provide guidance on areas handled by multiple enforcement agencies within the DOL. Publication of opinion letters is a priority for the Trump administration and this
Secretary of Labor’s Senate Testimony on DOL Budgetary Issues, Workforce Priorities, and Reform Initiatives
On May 22, 2025, Secretary of Labor Lori Chavez-DeRemer testified before the U.S. Senate Subcommittee on Labor, Health and Human Services, Education, and Related Agencies, detailing the U.S. Department of Labor’s (DOL) proposed budget, current priorities, and strategic direction. The hearing featured testimony from the secretary and questions from a