Paul DeCamp, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC, office, was quoted in the Law360, in “Trump-Era Wage Rule Crafters Are Past Rule Challenges,” by Max Kutner. (Read the full version – subscription required.)

The following is an excerpt:

Jonathan Berry, who started Monday as labor solicitor following his Oct. 7 U.S. Senate confirmation, previously was counsel for home care companies that took on an Obama-era domestic service workers rule. As an attorney at management-side firm Boyden Gray PLLC, Berry was on the docket until Oct. 17, when a Pennsylvania federal judge granted his request to withdraw from the case. …

"Having these types of experiences from more than one perspective only helps in one's ability to see around corners and to understand how the whole system works," said Paul DeCamp, who served as the DOL's Wage and Hour Division administrator under former President George W. Bush and has represented a challenger to a Biden-era tipped wages rule.

"You want people issuing rules to really understand what they're doing and to know what they're doing, and what better way to do that than to be in the trenches fighting over whether rules are valid or not?" said DeCamp, who is at management-side firm Epstein Becker Green. …

Worker advocates raised ethics questions about that rule challenge. Neither Berry nor the solicitor's office are on the docket as formally representing the DOL. The DOJ is representing the agency, as is typical.

Epstein Becker's DeCamp said he would not be surprised if there was a recusal requirement.

"There are certainly well-established ethics rules and standards for what people coming into the government can do with regard to situations that may overlap with things that they had been doing before they came into the government," he said. …

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