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 Law Daily Labor Report, in “Labor Rule Challengers Add Congressional Resolutions to Arsenal,” by Rebecca Rainey.
Following is an excerpt:
A law allowing Congress to pass resolutions disapproving federal regulations is providing ammunition to business groups challenging recent labor rules in court.
Lawmakers recently have introduced various resolutions of disapproval under the Congressional Review Act targeting a US Department of Labor rule on environmental, social, and governance considerations in retirement investing and the National Labor Relations Board’s joint employer rule. ...
“It couldn’t hurt. Whether it would actually help will really depend on each judge’s and potentially each justice’s view of how current legislative opinion bears on the notion of legislative intent and separation of powers,” said Paul DeCamp, a former DOL Wage and Hour administrator under President George W. Bush.
It may “carry some weight” in court if Congress reaches a bipartisan consensus against a rule, he said. …
Too Partisan?
But DeCamp, now a management-side attorney with Epstein Becker & Green PC, was skeptical as to whether a recently-passed CRA resolution would be relevant to an analysis of what Congress intended at the time it granted an agency the authority to regulate in that space decades ago.
“What Congress today thinks isn’t really germane to that analysis,” said DeCamp. …
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