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's W&H Budget Falls Short of Priorities, Attys Say,” by Daniela Porat. (Read the full version – subscription required.)

Following is an excerpt:

The U.S. Department of Labor's Wage and Hour Division got a $5 million boost in funding above fiscal year 2021 from Congress, but that likely won't translate into the boost in resources and staffing the agency needs to fulfill its goals, attorneys and advocates say.

Passed earlier this month in the U.S. House and Senate, the omnibus bill for budget appropriations for fiscal year 2022 totals $1.5 trillion and includes $13.2 billion in discretionary funding for the DOL. The Wage and Hour Division will get a $251 million slice. ...

The $251 million in appropriations is not a lot of new money, nor is it enough to keep up with inflation, said Paul DeCamp, a former WHD administrator and member of the management-side firm Epstein Becker Green.

Fees from fraud connected to H-1B visas, which are reserved for foreign professionals in specialty occupations, are another main source of funding for the agency and in the past couple years have typically provided about another $50 million in funding.

"They were effectively flat funded from last year to this year," he said. "The big takeaway from this year's appropriations number is that we probably shouldn't expect to see major changes, at least in terms of the staffing levels and overall activity at the Wage and Hour Division." … The fluctuations in staffing levels is largely a function of which party is in power, which is true of many agencies, said DeCamp of Epstein Becker.

"I don't think that the agency is anywhere near the point of diminishing returns where putting one more investigator out there would make literally no difference," he said.

But there is dual public and private enforcement of the Fair Labor Standards Act and other laws that the WHD administers, DeCamp said.

"The private lawyers tend to take one set of cases and the Department of Labor tends to pursue a somewhat different set," he said. "And between the two you end up with what one hopes is a fairly robust enforcement environment."


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.