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 “Restaurant Groups Agree Tip Rule Decision Needs Update,” by Irene Spezzamonte. (Read the full version – subscription required.)
Following is an excerpt:
Two restaurant groups told the Fifth Circuit on Monday that they don't oppose the U.S. Department of Labor's request to slightly revisit the panel's decision axing the department's 2021 rule on tipped wages, saying one sentence or a footnote might be enough.
In a response, the Restaurant Law Center and Texas Restaurant Association told the appeals court that a quick edit to the panel's August decision deeming the 2021 rule arbitrary and capricious "is sufficient to avoid the unintended consequence of potentially reviving the 2020 rule."
In an Oct. 7 motion, the DOL told the court that while it was not asking the panel to change its conclusion, it urged the panel to specify that it vacated parts of the 2021 rule, arguing that the opinion as is nixed the whole rule.
The DOL said vacating the 2021 rule in its entirety would nullify the withdrawal of another rule and vacate the department's decision to withdraw the 2020 rule's revisions to the dual-jobs regulation, which the department promulgated in 1967. …
The restaurant groups said Monday that, "from its inception," their challenge was focused on specific provisions and neither they nor the DOL "has at any point suggested that the 2020 version of the rule should now become effective." …
Paul DeCamp of Epstein Becker Green, who is representing the groups, told Law360 on Monday that the panel "may have inadvertently caused a measure of confusion with respect to the effect on the department's 2020 dual-jobs final rule, which the 2021 final rule — the regulation at issue in our case — withdrew."
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