Paul DeCamp, a Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC, office, was quoted in Law360, in “DOL Resuscitates 17 Bush-Era FLSA Opinion Letters,” by Vin Gurrieri. (Read the full version – subscription required.)

Following is an excerpt:

The U.S. Department of Labor on Friday reissued more than a dozen advisory opinion letters that had been published late in former President George W. Bush’s administration but later rescinded, letters that could give employers guidance on a wide range of wage issues under the Fair Labor Standards Act. …

Paul DeCamp of Epstein Becker Green, who served as Wage and Hour Division administrator from mid-2006 through 2007, said Monday that while the letters provided no new information since employers and their attorneys became aware of them in 2009 and are “probably already complying,” they can still help employers who are facing similar circumstances in their current workplace.

“Taking a step back, it’s important to remember that there [are] no surprises here,” DeCamp said. “They won’t upend any industries or long-standing practices, but I think they provide guidance that is helpful if an employer happens to have that fact situation in their workplace.” …

Although DeCamp said the letters involve “fairly technical and wonky types of issues,” he said they still provide answers to important questions and will serve as helpful guidance to employers if those issues come up.

While Friday’s batch of letters were merely reinstatements of nearly decade-old opinion letters, DeCamp believes it is unlikely that the DOL will issue any new opinion letters until a new Wage and Hour Division administrator is in place, even though the agency does have the ability to do so, “unless it appears [the nominee’s] confirmation will be delayed substantially.”


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