Paul DeCamp, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC office, was quoted in Bloomberg BNA’s Daily Labor Report, in “Tipped Wage Policy Rollback Could Put Labor Dept. at Legal Risk,” by Jaclyn Diaz. (Read the full version – subscription required).
Following is an excerpt:
Paul DeCamp, an Epstein, Becker, Green attorney representing the Restaurant Law Center in a federal lawsuit against the DOL over 80/20 and who ran the Wage and Hour Division under President George W. Bush … said they’re advising clients to proceed with caution.
DeCamp said there’s no basis for future litigation by employees now that the earlier guidance—the one dictating workers had to be paid the full $7.25-an-hour minimum wage for side duties—is gone.
The republished letter serves as a valid way for the department to clarify its enforcement position, he said. The 80/20 concept wasn’t laid out in the law or in any department regulation.