Paul DeCamp Cited in “DOL Asks to Delay Response in Lawsuit Over Tips Guidance”

Bloomberg BNA Daily Labor Report

Paul DeCamp, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC office, was cited in Bloomberg BNA Daily Labor Report, in “DOL Asks to Delay Response in Lawsuit Over Tips Guidance,” by Jon Steingart. (Read the full version – subscription required.)

Following is an excerpt:

The U.S. Labor Department asked a judge for more time to respond to a lawsuit challenging its now-abandoned approach to workers who earn tips.

The National Restaurant Association’s legal arm, the Restaurant Law Center, filed the lawsuit in July. It challenges internal DOL guidance for wage-and-hour enforcement personnel in how to approach employers that take advantage of a provision in the federal minimum wage law that lets a business count tips from customers toward the minimum wage it’s required to pay. The Fair Labor Standards Act provision has the effect of letting an employer pay a worker as little as $2.13 per hour, as long as tips carry the employee’s income to the standard minimum wage, which is $7.25.

The Restaurant Law Center contended the DOL applied the guidance as though it carried the weight of a regulation that had gone through formal rulemaking, even though it was simply guidance the Obama administration added to DOL workers’ Field Operations Handbook that wasn’t entitled to the deference that a regulation receives. …

Paul DeCamp, an attorney in the Washington, D.C., office of Epstein Becker & Green P.C. who represents the Restaurant Law Center, said Nov. 8 after the DOL’s policy shift that the case likely would become moot. If the DOL is no longer implementing the guidance that his client is challenging, there’s no basis for the lawsuit, he said.