In a presentation to labor and employment attorneys in Denver on Feb. 16, Assistant District Director of the U.S. Department of Labor Amy DeBisschop said that the DOL will begin assessing liquidated damages in addition to back pay for violations found in wage and hour audits. She said that this has already begun in other districts. Liquidated damages are assessed in an amount equal to the back pay amount, effectively doubling what employers must pay to employees. Ms. DeBisschop could not be precise about the situations in which liquidated damages would be assessed, but said it would likely involve cases the DOL is considering for litigation. Ms. DeBisschop’s district covers Colorado, North Dakota, and South Dakota.
Ms. DeBisschop said that the most common wage and hour violations seen by her office are: