Paul DeCamp, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC office, was quoted in Law360 Employment Authority, in “DOL Repeals Trump-Era Joint Employer Rule,” by Max Kutner. (Read the full version – subscription required.)

Following is an excerpt:

The U.S. Department of Labor on Thursday said it was doing away with a Trump-era joint employer rule for determining when multiple employers are jointly liable for labor law violations, months after the department first signaled its intent to do so.

In a statement, the DOL's Wage and Hour Division said it would publish a final rule that would rescind the earlier rule, "Joint Employer Status Under the Fair Labor Standards Act." The new rule rescinding the earlier one is scheduled to be published in the Federal Register on Friday and to go into effect in September.

"By rescinding that rule, the department will ensure more workers receive minimum wage and overtime protections of the Fair Labor Standards Act," the DOL said in the statement Thursday. "The rescinded rule included a description of joint employment contrary to statutory language and congressional intent." …

But Paul DeCamp of Epstein Becker Green, who represents employers and led the WHD under President George W. Bush, said the rescission might have little effect on litigation.

"These rules don't seem to be outcome-determinative," DeCamp told Law360 Thursday. "We end up with a lot of gray areas, and those gray areas are going to remain gray whether we're talking about the Trump-era standard or whatever standard the Biden administration seeks to pursue."

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