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 “Circuit-by-Circuit Guide to 2024's Most Memorable Moments,” by Jeff Overley. (Read the full version – subscription required.)
Following is an excerpt:
Here, Law360 explores some of the most interesting and impactful episodes on the baker's dozen circuit courts during 2024. …
"This year was really defined by the changing case law with respect to the balance of power between the legislature and the executive branch," and key decisions "really reinforced the courts' role in restraining the executive branch when agencies go too far," Epstein Becker Green member Paul DeCamp told Law360.
A specific and significant example occurred in late August at the Fifth Circuit. In one of the first appellate uses of the post-Chevron framework to overturn a regulation, the circuit struck down a U.S. Department of Labor rule on tipped wages, citing "the now-ancien régime that Chevron imposed" and the fact that "Loper Bright requires us to depart" from a lower court's decision upholding the rule.
DeCamp, a former administrator of the DOL's Wage and Hour Division, represented the challengers at the Fifth Circuit. In an interview, he told Law360 that the circuit's method of statutory interpretation was "very different from what courts used to do under Chevron, which was, at the first sign of any ambiguity, they would seemingly pull the rip cord and jump straight to deference to the agency's interpretation, so long as the agency's interpretation was not irrational."
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