Paul DeCamp, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC, office, was quoted in Law360, in “DOL Tells 5th Circ. Decision on Tip Rule Is Too Broad,” by Irene Spezzamonte. (Read the full version – subscription required.)
Following is an excerpt:
The U.S. Department of Labor urged a Fifth Circuit panel to update its decision striking down the department's 2021 rule on tipped wages, saying the opinion is too broad and it should focus on a provision that two restaurant groups challenged.
In a motion for panel rehearing Monday, the DOL urged the panel to change the last sentence of its opinion to specify that it vacated the 2021 final rule only to the extent that it modified the dual-jobs regulation, arguing that the opinion as it stands vacates the final rule, which withdrew an earlier rule, in its entirety. …
Paul DeCamp of Epstein Becker Green, who is representing the restaurant groups, said he was pleased that the department didn't try to undo the panel's decision and focused "solely on whether the court's ruling vacates portions of the 2021 final rule ... and the court will handle that issue as it deems appropriate."
The petition focuses solely on whether the court's ruling vacates portions of the 2021 final rule other than the 80/20/30 issue, and the court will handle that issue as it deems appropriate.
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