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 “Advocates Slam DOL for Allegedly Hiding Tip Pool Data,” by Braden Campbell. (Read the full version – subscription required.)

Following is an excerpt:

Democratic politicians and worker advocates are pressuring the U.S. Department of Labor to abandon a proposal to rescind a 2011 rule blocking businesses from redistributing workers’ tips, in the wake of a Thursday report that the agency hid an analysis showing the rule could let employers pocket billions of dollars in workers’ tips.

High-ranking members of Congressional work committees, including Sen. Patty Murray, D-Wash., and Rep. Bobby Scott, D-Va., joined officials with groups including the Economic Policy Institute and the National Employment Law Project in calling on the DOL to scrap its proposal to rescind the so-called tip pool rule after Bloomberg Law reported details of the analysis shared by anonymous agency officials.

They argued the agency violated the federal rulemaking process by omitting analysis of the rule’s potential economic impact on workers. …

Epstein Becker & Green PC wage and hour practice group co-chair Paul DeCamp downplayed the significance of the report in a call with Law360. DeCamp, who was administrator of the DOL’s Wage and Hour Division for part of President George W. Bush’s second term, argued analyses like those described in the report overstate the number of business owners that would keep workers’ tips rather than share them with non-tipped workers.

“Putting a big number out there that doesn’t describe a realistic scenario is not meaningful or helpful to a rulemaking proceeding,” DeCamp said. “The department is not required to do that. The department is required to estimate what is likely to happen.”



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