Paul DeCamp, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC, office, was quoted in Law360 Employment Authority, in “DOL Says High Court EPA Ruling Doesn't Kill Tip Credit Rule,” by Grace Elletson. (Read the full version – subscription required.)
Following is an excerpt:
The U.S. Department of Labor told a Texas federal court Friday that the U.S. Supreme Court's decision finding that the government can't regulate greenhouse gas emissions does not invalidate an agency rule regulating tipped wages, pushing back on restaurant advocacy groups that said otherwise. …
Paul DeCamp of Epstein Becker Green, who represents the advocacy groups, told Law360 on Friday that the agency continues to overreach with its defense of the tip credit rule.
"It comes as no surprise that the executive branch continues to pretend that there's nothing to see here with respect to its blatant usurpation of legislative authority," DeCamp said. "Fortunately, the courts get to resolve this issue, not the regulators."
Angelo I. Amador, executive director of the Restaurant Law Center, told Law360 on Friday that he thinks West Virginia "absolutely" applies to the case because the rule is projected to affect 500,000 workplaces and impose hefty compliance costs.
"Thus, the regulation being challenged absolutely involves the 'major questions' doctrine," Amador said. "And, because it lacks clear congressional authorization, it is unlawful."
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