Paul DeCamp, a Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC office, was quoted in SHRM.org, in “8 Workplace Legal Trends for 2018,” by Lisa Nagele-Piazza and Allen Smith.
Following is an excerpt:
Legal protections for employees are likely to expand at the state level in 2018 but shrink under federal law, employment law attorneys say. At the federal level, expect a more employer-friendly Department of Labor (DOL), a new proposed overtime rule and greater deference by the National Labor Relations Board (NLRB) to employee handbook policies. But retaliation claims will continue to be prevalent. At the state level, more sexual harassment training laws and pay equity legislation may be passed, as well as laws legalizing marijuana use and requiring paid leave.
More Employer-Friendly DOL
The DOL is likely to shift how it approaches enforcement, most likely returning to more traditional, pre-Obama administration practices, predicted Paul DeCamp, an attorney with Epstein, Becker & Green in Washington, D.C.
He said employers should expect the DOL to:
- Not seek liquidated damages unless a matter goes to court.
- Abandon exotic theories of the employment relationship, such as going after franchisees or other relationships not normally viewed as employment.
- Not seek a third year of back pay for willful violations unless an employer clearly has acted with bad intent.
- Listen to employers willing to confess a violation as part of a supervised back-pay settlement.