Paul DeCamp Quoted in "HR Pros Split on Eugene Scalia as DOL Chief Pick"

“The nomination of Gene Scalia to lead the Department of Labor means that all constituencies — employers, workers, unions, benefit plans and more — will gain from having a secretary with a deep understanding of both the policy side of the house, meaning the various laws that the department enforces, and operations, meaning how the various agencies within the department function,” says Paul DeCamp, a member of the law firm Epstein Becker Green, where he specializes in the firm’s employment, labor and workforce management practice. He previously worked with Scalia at Gibson Dunn.

Scalia knows first-hand how ambiguous legal standards and uneven enforcement can create problems for workers and businesses throughout the country, which gives him an appreciation for how policies can impact industry, DeCamp says.

“Gene is equally comfortable grappling with an esoteric question of legal doctrine and thinking through the practical implications of how to communicate compliance requirements and to achieve compliance in the workplace,” he adds.

One way to read Scalia’s willingness to accept the position now is that he may be making a calculated bet about the outcome of the 2020 election and seeing a likelihood of additional time to advance the agenda, DeCamp says.

“But even if the current administration exits the building after one term, there is a lot of progress that Gene can still make,” he says. “Time is getting short to commence new regulatory initiatives, if that window hasn’t closed already. But at the subregulatory level, there is an enormous amount of good that the department can do with respect to issuing guidance documents clarifying for the public many ambiguous requirements within the department’s statutes and regulations.”

Should Trump win a reelection in 2020, and Scalia remains at the DOL’s helm, there could be many regulatory ripple effects, DeCamp adds.