Overview
A past Administrator of the U.S. Department of Labor’s (DOL’s) Wage and Hour Division, attorney Paul DeCamp has spent more than 25 years counseling employers to prepare for scrutiny of their pay practices. He frequently represents employers in complex wage and hour class and mass actions and government investigations.
Paul draws on his experience in private practice and as the former chief federal officer, appointed by the President of the United States, responsible for interpreting and enforcing the nation’s wage and hour laws, to give clients a 360-degree view of their challenges, quantify their risk, and create plans and solutions that align with their business objectives. He is a go-to advisor for his clients’ most pressing wage and hour issues.
Paul uses his strategic insight into wage and hour public policy and government agency enforcement practices to help employers understand how plaintiffs’ counsel and regulators perceive their pay practices. He has defended large private employers and government contractors in federal court cases concerning pay practices for exempt, non-exempt, and tipped employees, as well as independent contractors. Paul’s creative and forceful arguments have blocked class certification attempts and led the DOL to revise its interpretation of Fair Labor Standards Act (FLSA) provisions. When responding to an investigation, his strong relationships with key DOL personnel and other federal and state agencies give clients the advantage of further consideration and review of their matter.
Clients also rely on Paul’s day-to-day advice on wage and hour matters ranging from discrete questions involving a single employee to nationwide evaluations affecting thousands of workers. Additionally, he assists clients with pay practice audits and corporate transaction due diligence.
Paul is co-chair of Epstein Becker Green’s Wage and Hour practice group. He is also co-editor of, and a contributing writer to, the firm’s Wage and Hour Defense Blog.
In addition, Paul is a frequent speaker and thought leader who has testified before Congress several times both while serving at the DOL and in private practice. He most recently testified before a House committee as the sole management-side witness regarding potential new federal wage legislation.
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Focus Areas
Services
Trending Issues
Experience
- Challenged the DOL on behalf of the National Restaurant Association in federal court and before agency personnel to withdraw its 2011 regulations regarding tip credits. Paul’s work paved the way for restaurants and other businesses to create tip pools for tipped and non-tipped employees.
- Defended 30 NCAA Division I universities against claims they owed their student-athletes the minimum wage under the FLSA as employees for time spent participating in intercollegiate sports. In arguing the absence of an employment relationship, Paul secured the first federal appellate ruling that collegiate athletics should continue as an amateur endeavor rather than as paid employment.
- Defended a pharmaceutical company in three lawsuits (in California, Florida, and Illinois federal courts) that challenged the exempt status of pharmaceutical sales representatives. Though plaintiffs’ counsel attempted to transfer all three suits to the only circuit that classified those workers as non-exempt, Paul persuaded the Judicial Panel on Multidistrict Litigation to conclude that each case should remain in its original district.
- Defended Shoe Show, a large independent shoe retailer, against attempts to certify a nationwide FLSA collective action involving the exempt status of store managers. Paul challenged the plaintiff’s contention of common practices by proving the plaintiff had limited knowledge of payment practices at other store locations.
Recognition
- The Best Lawyers in America©, Employment Law—Management (2019 to 2024); Litigation—Labor and Employment (2017 to 2024)
- Chambers USA: America’s Leading Lawyers for Business, District of Columbia—Labor & Employment (2018 to 2023); Virginia—Labor & Employment (2011 to 2017)
According to a source, “[Paul] is without a doubt the smartest attorney I have ever worked with. He has an encyclopedic knowledge of his practice area and, moreover, is practical in his advice." Another source says that Paul “combines a deep knowledge of the law and has a real understanding of the economics that drive our business. He has a great work ethic, and is extremely efficient with his time." And another source adds, “He is an excellent lawyer, especially on wage and hour."
- The Legal 500 United States, Labor and Employment Disputes (Including Collective Actions): Defense (2018 to 2023); Workplace and Employment Counseling (2018 to 2021)
- Washington, DC, Super Lawyers, Employment Litigation: Defense and Employment & Labor: Employer (2014 to 2023)
- Washingtonian Magazine, “Top Lawyers,” Employment Defense (2020, 2022)
- Virginia Super Lawyers, Employment Litigation: Defense and Employment & Labor (2013 to 2017)
- Virginia Rising Stars, Employment Litigation: Defense and Employment & Labor (2010 to 2011)
- Secretary of Labor Exceptional Achievement Awards, Recipient of three awards (2007 to 2008)
Credentials
Education
- Columbia University School of Law (J.D., 1995)
- Notes Editor, Columbia Law Review
- Director and Student Editor, First-Year Moot Court Program
- Harlan Fiske Stone Scholar
- Harvard College (A.B., magna cum laude, 1992)
- John Harvard Academic Scholar
- Harvard College Academic Scholar
- National Merit Scholar
- President, Quad Sound Studios, a student-run on-campus recording studio
Bar Admissions
- California
- District of Columbia
- Virginia
Court Admissions
- Supreme Court of the United States
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court, Central District of California
- U.S. District Court, District of Columbia
- U.S. District Court, District of Maryland
- U.S. District Court, Eastern District of California
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, Eastern District of Virginia
- U.S. District Court, Eastern District of Wisconsin
- U.S. District Court, Northern District of California
- U.S. District Court, Northern District of Florida
- U.S. District Court, Northern District of Illinois
- U.S. District Court, Northern District of Ohio
- U.S. District Court, Southern District of California
- U.S. District Court, Southern District of Ohio
- U.S. District Court, Western District of Virginia
Professional & Community Involvement
- American Employment Law Council
- Law360 Employment Editorial Advisory Board (2021)
- Law360 Wage & Hour Advisory Board (2022, 2023)
Media
Events
Upcoming Events
- November 29, 2023
Past Events
- July 20 to 21, 2023
- July 28, 2022
Insights
Insights
- Media CoveragePaul DeCamp Quoted in “House to Vote on Bill That Could Halt Employment Rules”2 minute read
- Media CoveragePaul DeCamp Quoted in “Inadequate Labor Department Resources Stymie Enforcement Efforts”5 minute read
- PublicationsWhat’s New on the Wage and Hour Front?December 20231 minute read
- Media CoveragePaul DeCamp Quoted in “11 States Support Bid In 5th Circ. to Nix DOL Tip Rule”4 minute read
- Media CoveragePaul DeCamp Quoted in “Restaurant Groups Urge 5th Circ. to Toss DOL's Tip Rule”3 minute read
- Media CoveragePaul DeCamp Quoted in “GOP House Committee Chair Requests More Time on OT Rule”3 minute read
- Media CoveragePaul DeCamp Quoted in “How Gov. Shutdown Would Impact DOL's Wage-Hour Work”2 minute read
- Media CoveragePaul DeCamp Quoted in “Proposed Change in Overtime Threshold Likely to Face Challenges”3 minute read
- Media CoveragePaul DeCamp Quoted in “Overtime Expansion ‘Daring’ Businesses to Sue Over Pay Threshold”2 minute read
- BlogsDOL Announces Much-Anticipated Proposal to Increase Minimum Salary for Executive, Administrative, and Professional ...4 minute read
- Media CoveragePaul DeCamp Quoted in “Punching In: New Research Finds Scarce DOL Enforcement on Farms”2 minute read
- Media Coverage
Paul DeCamp Quoted in “No Salary 'Window Dressing' After Helix”
3 minute read - Firm Announcements
Epstein Becker Green Attorneys Recognized by 2024 Best Lawyers for Excellence in the Legal Profession
12 minute read - Media CoveragePaul DeCamp Quoted in "Restaurant Groups’ Tip Rule Challenge to Return to Fifth Circuit"2 minute read
- Media CoveragePaul DeCamp Quoted in “How DoorDash's New Pay Policy Muddies Gig Worker Debate”3 minute read
- Media CoveragePaul DeCamp Quoted in “DoorDash Decides to Offer Drivers Hourly Wages”2 minute read
- Media CoveragePaul DeCamp Quoted in “4 Tips for Navigating the Wage Regulatory Landscape”4 minute read
- Media CoveragePaul DeCamp Quoted in “DOL Hamstrung in Response to State Child Labor Law Rollbacks”3 minute read
- Media CoveragePaul DeCamp Quoted in “DOL Sets New Schedule for Wage and Hour Rules”3 minute read
- Firm Announcements
Epstein Becker Green Earns National Recognition and High Rankings in the 2023 Edition of Legal 500
3 minute read - Firm Announcements
Epstein Becker Green Recognized for Focused Excellence Across Core Practice Areas in Chambers USA 2023
5 minute read - Media CoveragePaul DeCamp Quoted in “Businesses Cry Foul on DOL Messaging for Trump Gig Worker Rule”3 minute read
- Media CoveragePaul DeCamp Quoted in “5 Wage Issues Biden Could Take On in 2024”4 minute read
- Media CoveragePaul DeCamp Quoted in “5 Questions as 5th Circ. Revives Attack on Min. Wage Rule”4 minute read
- Media CoveragePaul DeCamp Quoted in “5th Circ. Flips Injunction Ruling That Kept DOL Tip Rule Alive”2 minute read
- Media CoveragePaul DeCamp Quoted in “Restaurants Win Fifth Circuit Appeal in Bid to Block Tip Rule”2 minute read
- Firm Announcements
Thirteen Epstein Becker Green Attorneys Named to the 2023 Washington, DC, Super Lawyers and Rising Stars Lists
4 minute read - BlogsFederal Court in Virginia Adopts One-Step Approach to FLSA Collective Action Certification3 minute read
- Media CoveragePaul DeCamp Quoted in “FLSA Administrative Exemption Set for an Overhaul”4 minute read
- Media CoveragePaul DeCamp Quoted in “Wage and Hour Staff Crunch May Hinder DOL Child Labor Crackdown”3 minute read
- Media Coverage
Epstein Becker Green Attorneys Elected to Law360’s 2023 Editorial Advisory Boards
2 minute read - Media CoveragePaul DeCamp Quoted in “Employers Liable When Contractors Exploit Child Labor, DOL Warns”3 minute read
- Media CoveragePaul DeCamp Quoted in “Julie Su's Labor Secretary Nomination Brings Praise, Concern”2 minute read
- Media CoveragePaul DeCamp Quoted in “5 People Who Could Be Labor Secretary”2 minute read
- BlogsUpdated for 2023: Epstein Becker Green’s Free Wage-Hour App2 minute read
- Media CoveragePaul DeCamp Quoted in “Labor Secretary Confirms Departure to Run NHL Union”2 minute read
- Firm AnnouncementsEpstein Becker Green’s Complimentary Wage & Hour App Celebrates 11 Years of Helping Employers Stay Compliant4 minute read
- BlogsEpstein Becker Green’s Free Wage-Hour App Includes 2023 Changes to Federal, State, and Local Laws2 minute read
- Media CoveragePaul DeCamp Quoted in “DOL Secretary Walsh's Exit Could Shift Focus to Wage Issues”4 minute read
- Media CoveragePaul DeCamp Discusses Employment Contracts and Policies2 minute read
- Media CoveragePaul DeCamp Quoted in “DOL’s Wage Arm Vows Child Labor Focus Despite No Rule Changes”3 minute read
- Media CoveragePaul DeCamp Quoted in “Biden Wage Rules Meet a Suspicious Judiciary”4 minute read
- Media CoveragePaul DeCamp Quoted in “How Salary Regs' History May Color High Court OT Ruling”4 minute read
- Media CoveragePaul DeCamp Quoted in “DOL Sets Schedule for OT, Independent Contractor Rules”3 minute read
- Media CoveragePaul DeCamp Quoted in “Top Wage and Hour Legislation to Watch in 2023”3 minute read
- Media CoveragePaul DeCamp Quoted in “DOL's Wage-Hour Division Could Get $9M Funding Increase”2 minute read
- Media CoveragePaul DeCamp Quoted in “DOL's Wage & Hour Regulatory Seesaw Continued in 2022”5 minute read
- Media CoveragePaul DeCamp Quoted in “Biden's 2022 Wage and Hour Report Card”5 minute read
- Media CoveragePaul DeCamp Discusses DOL Tip Rule and Risk to Employers3 minute read
- Media CoveragePaul DeCamp Quoted in “5th Circ. Weighs Whether Costs Halt DOL Tip Rule”2 minute read
Congressional Testimony
- Essential but Undervalued: Examining Workplace Protections for Domestic Workers: Hearing Before the Subcomm. on Workforce Protections of the H. Comm. on Education and Labor, 117th Cong. (2022)
- Farmworkers, Domestic Workers, and Tipped Wage Under the Fair Labor Standards Act: Hearing Before the Subcomm. on Workforce Protections of the H. Comm. on Education and Labor, 117th Cong. (2021)
- Combatting Wage Theft: The Critical Role of Wage and Hour Enforcement: Hearing Before the Subcomm. on Labor, Health and Human Services, Education, and Related Agencies of the H. Comm. on Appropriations, 116th Cong. (2019)
- Improving the Federal Wage and Hour Regulatory Structure: Hearing Before the Subcomm. on Workforce Protections of the H. Comm. on Education and the Workforce, 113th Cong. (2014)
- The Misclassification of Workers as Independent Contractors: What Policies and Practices Best Protect Workers?: Joint Hearing Before the Subcomm. on Health, Employment, Labor and Pensions and the Subcomm. on Workforce Protections of the H. Comm. on Education and Labor, 110th Cong. 9-35 (2007)
- Adequacy of Labor Law Enforcement in New Orleans: Hearing Before the Subcomm. on Domestic Policy of the H. Comm. on Oversight and Government Reform, 110th Cong. (2007)