Paul DeCamp, a Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC office, was quoted in the Bloomberg BNA Daily Labor Report, in “DOL’s Reading of Tip-Related Regulation Flawed, 9th Cir. Rules,” by Elliott T. Dube. (Read the full version – subscription required.)

Following is an excerpt:

Former bartenders and servers relied on a faulty Labor Department interpretation of an FLSA regulation that addresses workers who receive tips while working “dual jobs.” …

The Ninth Circuit’s decision indicates that federal agencies should “think twice” before issuing “broad statements of policy” without undergoing notice-and-comment rulemaking, Paul DeCamp, an attorney who argued on behalf of all the employers in the FLSA lawsuit, told Bloomberg BNA Sept. 7. DeCamp was an administrator of the DOL’s Wage and Hour Division under President George W. Bush and is now a member of Epstein Becker & Green.

“This case represents a significant win for employers and for regulated entities more generally in terms of limiting agency authority to issue ‘underground’ regulations,” DeCamp said.

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