EBG Commentary

Paul DeCamp Quoted in “Texas Judge Kills Obama Overtime Rule”

Bloomberg BNA Daily Labor Report

Paul DeCamp, a Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC office, was quoted in the Bloomberg BNA Daily Labor Report, in “Texas Judge Kills Obama Overtime Rule,” by Chris Opfer.

Following is an excerpt:

A federal judge in Texas Aug. 31 shot down an Obama-era rule that would have made some 4 million workers newly eligible for overtime pay but drew sharp criticism from business groups. …

The decision is another nail in the coffin for the overtime rule, which Mazzant put on hold temporarily before it went into effect late last year. It also paves the way for the Trump administration to potentially issue a new rule with a more moderate increase to the salary threshold that was last updated by the Labor Department under George W. Bush.

“Judge Mazzant is not saying you can’t have a salary level,” Paul DeCamp, a management-side attorney at Epstein Becker Green who worked as wage and hour chief in the Bush administration, told Bloomberg BNA. “He’s just saying that the salary level in this rule was too high.” …

The department asked an appeals court to affirm the DOL’s authority to take salary into account for eligibility purposes. The appeal—arguments had been slated for Oct. 3—could be off the table following Mazzant’s decision.

“It wouldn’t surprise me to see that appeal withdrawn,” DeCamp said.