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 “Loper Bright May Be Mixed Bag for DOL Rulemaking,” by Daniela Porat. (Read the full version – subscription required.)
Following is an excerpt:
The fall of Chevron deference has been heralded as the end of agency power, but the ramifications are nuanced as agencies will likely issue more thoughtful regulations and the history of the Fair Labor Standards Act may give the U.S. Department of Labor a hand up, attorneys say. ...
Loper Bright won't lead to dramatically different outcomes in many cases, said Paul DeCamp, a former administrator in the U.S. Department of Labor's Wage and Hour Division and a member of management-side firm Epstein Becker Green PC. But it does alter the prism through which courts look at agency power, he said.
"What Loper Bright will do is move the needle such that a lot of cases that were pretty close to the line before, but coming out in favor of the agency, will now likely come out the other way," he said. "In situations where the agency's reading of the statute was plausible, though not necessarily the best reading … now those cases are likely to come out in favor of the challengers to the regulations."
DeCamp represented restaurant industry groups in the successful push to overturn the 2021 DOL tip credit rule.
"That's one that I think in a post-Loper Bright world, the department would not have issued in the first place, or would have maybe thought twice before issuing," DeCamp said.
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