Paul DeCamp, 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 “Labor Nominee Pressed on Tip Pool Dust-Up by Sen. Warren,” by Jaclyn Diaz. (Read the full version – subscription required.)

Following is an excerpt:

Sen. Elizabeth Warren (D-Mass.) told the person nominated to be assistant secretary for policy at the Department of Labor that she has “serious questions” about his fitness for the job.

Warren told Bryan Jarrett, acting chief of the Wage and Hour Division, that she’s “alarmed” by two WHD initiatives undertaken during his tenure: a change in rules that cover tipped-employee wages and a pilot program that lets employers self-report wage-and-hour violations. Both efforts “threaten the DOL’s ability to fully enforce” federal law, Warren said in a Sept. 21 letter to Jarrett.

The DOL issued a statement saying it supports Jarrett’s nomination.

“As with all nominees, Mr. Jarrett will address questions from senators as part of the confirmation process,” the statement said.

Paul DeCamp, who ran the WHD under President George W. Bush, says it’s sensible for a senator to ask questions of a nominee, but Warren’s concerns with both initiatives have already been addressed by the department.

The issues raised by Warren don’t provide “any basis for preventing Jarrett from taking the position,” DeCamp said. Jarrett “has been very mindful of workers rights.” …

Previous administrations have had programs similar to PAID, DeCamp said. The DOL has made an effort to communicate what the program means for employees, and the goal is to ultimately get workers paid faster than if they filed a lawsuit, he said.


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