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.

Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.