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 “Tipped Workers Winning Wage Suits as Courts Scrap Trump Guidance,” by Ben Penn. (Read the full version – subscription required.)
Following is an excerpt:
All Eyes on P.F. Chang’s
The debate may get resolved through a class action brought by servers against P.F. Chang’s. A federal judge in Pennsylvania held in August that servers may proceed in their claim that the restaurant wrongly paid them the lower minimum wage for untipped work.
P.F. Chang’s is represented by an attorney known as the principal advocate to kill the 80/20 rule: Paul DeCamp, an Epstein Becker Green partner and former DOL wage-hour chief under President George W. Bush. DeCamp sued the DOL over its 80/20 interpretation in 2018 on behalf of the Restaurant Law Center. The group dropped the lawsuit after the Labor Department published the opinion letter.
DeCamp welcomed the move to strengthen that opinion through regulation, even as he continues efforts to vanquish the 80/20 standard in court.
“DOL’s revision to the dual jobs regulation is a welcome clarification that should take care of the issue going forward, but it will take further circuit court rulings to resolve liability in the pending cases,” he said via email.