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 “Restaurants Win Fifth Circuit Appeal in Bid to Block Tip Rule,” by Rebecca Rainey. (Read the full version – subscription required.)

Following is an excerpt:

Two restaurant industry groups have successfully revived their effort to block a Biden administration rule requiring restaurants to pay some tipped workers the full $7.25 minimum wage during their downtime.

The opinion, issued Friday by the US Court of Appeals for the Fifth Circuit, found that the US District Court for the Western District of Texas “abused its discretion in finding no evidence of irreparable harm” when it considered the groups’ request for a preliminary injunction last year. …

The reversal is a win for the Restaurant Law Center and Texas Restaurant Association, which asked the appeals court to overturn a federal district court in Texas’ denial of a nationwide preliminary injunction against the US Department of Labor rule. The case will now be remanded back to the district court for further consideration.

“We are very pleased that the Fifth Circuit reasserted the proper standard for evaluating irreparable harm,” said Paul DeCamp, an attorney with Epstein Becker & Green PC who is representing the business groups in the case. “By any measure, the Department of Labor’s regulation inflicts massive and ongoing injury on the restaurant, hospitality, and gaming industries. We look forward to a prompt review of the remaining injunction factors in the district court.”


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