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 “Pay Bump for Disabled Workers Has Chance of Survival Under Trump,” by Rebecca Rainey. (Read the full version – subscription required.)
Following is an excerpt:
The Biden administration’s latest move to cement long-sought raises for workers with disabilities won’t necessarily be tossed aside once President-elect Donald Trump takes office.
Earlier this week, the US Labor Department announced a new rulemaking effort to phase out the Fair Labor Standards Act’s Section 14(c) program, which allows employers to apply for certificates to pay workers with disabilities less than the federal minimum wage of $7.25 an hour. …
Lobbying Push …
Former DOL officials under Republican administrations, however, expressed support for the program continuing. …
Paul DeCamp, former Wage and Hour Administrator during the George W. Bush administration, said he was skeptical the agency had the authority to end the program since it was established by Congress.
“I would be very surprised if the incoming administration were receptive to essentially repealing the 14(c) program,” said DeCamp, now a management-side attorney at Epstein Becker & Green PC.
“Congress wrote Section 14(c) into the FLSA in 1938. It’s been part of the law for almost 90 years,” he said. “It’s not an agency’s prerogative to say, ‘You know what, that thing that Congress put in the law? We don’t think it’s necessary anymore, so we’re just not going to do it.’”
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