Paul DeCamp, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC, office, was quoted in Bloomberg Law Daily Labor Report, in “Restaurant Groups’ Tip Rule Challenge to Return to Fifth Circuit,” by Rebecca Rainey. (Read the full version – subscription required.)

Following is an excerpt:

Two restaurant industry groups again are appealing a federal district court dismissal of their challenge to a US Labor Department rule limiting when employers can use the tip credit.

The Restaurant Law Center and the Texas Restaurant Association on Thursday appealed a ruling denying their request to block the Biden administration rule, which requires companies to pay some tipped workers the full minimum wage during their downtime.

The rule at issue, which went into effect in December 2021, requires employers to pay the full hourly minimum wage to tipped workers who earn the lower tip-credit wage if they perform non-tipped work for at least 20% of their hours a week, or for more than 30 minutes straight. ...

“We believe that the district court’s flawed analysis will not withstand appellate scrutiny, and we look forward to presenting our arguments to the Fifth Circuit,” the restaurant groups’ attorney, Paul DeCamp of Epstein Becker & Green PC, said in an emailed statement.


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