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 Wage Chief Vacancy Could Lead to Rule Challenges,” by Max Kutner. (Read the full version – subscription required.)

Following is an excerpt:

The U.S. Department of Labor's Wage and Hour Division has no official leader after its acting administrator stepped down due to her nomination for the top position, leaving responsibilities divided among leadership and paving the way for potential arguments in challenges to agency rules.

Jessica Looman joined the Wage and Hour Division as principal deputy administrator at the start of the Biden administration and later became acting administrator while the nomination of David Weil for the top role was pending.

After the Weil nomination failed, President Joe Biden nominated Looman. She stepped down as acting administrator and returned to the principal deputy administrator role, leaving the administrator role vacant. The principal deputy post is the No. 2 role at the division.

Now Looman is overseeing delegable duties, while nondelegable duties revert to Secretary of Labor Marty Walsh, a DOL spokesperson previously told Law360. ...

Delegable vs. Nondelegable Duties

As principal deputy administrator under no acting administrator, Looman remains the top official at the Wage and Hour Division, a situation observers said potentially sidesteps Vacancies Act requirements. ...

The Wage and Hour Division has often operated without a Senate-confirmed administrator, and it appears that it has also gone stretches without an acting administrator.

Paul DeCamp of management-side firm Epstein Becker Green, who served as a Wage and Hour Division administrator under former President George W. Bush, said another official could step in for rulemaking if necessary.

"There's always going to be, within some person in the Department of Labor, the authority to actually make decisions at the Wage and Hour Division, whether that's issuing rules or carrying out enforcement proceedings," DeCamp said. "I'm sure that the department will have the regulations issued under the name of whoever the appropriate individual is."


Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.