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 “In Home Care Rule's Limbo, Familiar Questions on FLSA Role,” by Daniela Porat. (Read the full version – subscription required.)
Following is an excerpt:
The Obama-era rule providing minimum wage and overtime pay protections to home care workers may be on the chopping block, representing a microcosm of the growing instability of the Fair Labor Standards Act and the reality of a post-Chevron regulatory landscape, attorneys say. …
Although the Obama-era rule survived a court challenge, it's important to note that this occurred largely on the basis of Chevron deference, said Paul DeCamp, member of management-side firm Epstein Becker & Green PC and former administrator of the DOL's Wage and Hour Division under former President George W. Bush.
In June 2024, the U.S. Supreme Court in Loper Bright Enterprises et al. v. Raimondo did away with
Chevron deference — a doctrine that said courts should defer to agency interpretations of statutes when there is ambiguity in the statute.
"The court was clear that existing cases that had applied Chevron did not automatically become bad law as a result, so DOL doesn't technically have to do this," DeCamp said, "but it does provide a basis for the department to say, 'Maybe we should take another look at this regulation.'"
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