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Articles by Paul DeCamp
Compensable Travel Time: What Two New DOL Opinion Letters Mean for Employers [Video]
Legal Disclaimer You are responsible for reading, understanding, and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free-to-use, no-log-in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Insider Strategies for Wage and Hour Compliance Success: One-on-One with Paul DeCamp [Video]
Skip to main content April 18, 2025 Volume XV, Number 108 Legal Analysis. Expertly Written. Quickly Found. Trending News Insider Strategies for Wage and Hour Compliance Success: One-on-One with Paul DeCamp [Video] Print Mail Download />i Facebook Twitter Linkedin Pinterest Reddit Facebook Messenger Email Digg Print X Buffer Flipboard Wage and hour compliance often presents complex challenges for employers, with unclear regulations and changing enforcement priorities.
Employment Law This Week Episode 361 - DOL Authority Challenged: Key Rulings on Overtime and Tip Credit [Video, Podcast]
This week, we take a closer look at the U.S. Court of Appeals for the Fifth Circuit’s decision to strike down the Department of Labor’s (DOL’s) tip credit rule but to uphold the agency’s authority to set a minimum salary threshold for overtime exemptions. The Fifth Circuit recently struck down the DOL’s tip credit rule, finding that the agency had exceeded its authority under the Fair Labor Standards Act.
Employment Law This Week Episode 360 - Spilling Secrets: After the Block - What’s Next for Employers and Non-Competes? [Video, Podcast]
This week, on our Spilling Secrets podcast series, our panelists delve into the implications for employers following the recent blockage of the Federal Trade Commission’s (FTC’s) non-compete ban. On August 20, 2024, the U.S. District Court for the Northern District of Texas invalidated the FTC’s non-compete ban, deeming it arbitrary and capricious and beyond the scope of the agency’s statutory authority. In this episode of Spilling Secrets, Epstein Becker Green attorneys Peter A.
Federal Appeals Court Vacates Department of Labor’s “80/20/30 Rule” Regarding Tipped Employees
On August 23, the United States Court of Appeals for the Fifth Circuit issued its much-anticipated decision in Restaurant Law Center v. United States Department of Labor. In one of the very first federal appellate court rulings since the Supreme Court overruled Chevron USA Inc. v. Natural Resources Defense Council, Inc.
Employment Law This Week Episode 353 - Spilling Secrets: Can FTC’s Non-Compete Ban Survive Without Chevron Deference? [Video, Podcast]
This week, on our Spilling Secrets podcast series, our panelists discuss the current state of the Federal Trade Commission’s (FTC’s) nationwide non-compete ban amid ongoing legal challenges. The FTC’s ban on non-competes will go into effect on September 4, 2024, but legal challenges remain. So, how can employers prepare? In this episode of Spilling Secrets, Epstein Becker Green attorneys Peter A. Steinmeyer, Erik W.
Chevron Is Overturned, but Stakeholders Need Not Worry | JD Supra
The Supreme Court’s June 28 decision to overrule the 40-year-old case of Chevron U.S.A. v. Natural Resources Defense Council should not be cause for alarm. It is, however, likely to have implications for employers that are subject to the myriad of workplace laws administered by the United States Department of Labor, the National Labor Relations Board and other executive branch bodies. Why the Buzz About Chevron?
Epstein Becker Green’s Free Wage-Hour App Includes Updates on New 2024 Laws
More than a decade ago, Epstein Becker Green (EBG) created its complimentary wage-hour app, putting federal, state, and local wage-hour laws at employers’ fingertips.
The New Year’s Eve Ball Is Dropping and New York’s Salary Thresholds Are Rising | JD Supra
On December 27, 2023, and just in time for the 2024 ball to drop, the New York State Department of Labor (NYSDOL) finalized the salary thresholds for exempt employees that were proposed as a part of Minimum Wage Order Updates in October 2023. Similarly, New York passed Senate Bill S5572 in September 2023, increasing the salary thresholds for exempt employees under Article 6 of the New York Labor Law.
The New Year’s Eve Ball Is Dropping and New York’s Salary Thresholds Are Rising
On December 27, 2023, and just in time for the 2024 ball to drop, the New York State Department of Labor (NYSDOL) finalized the salary thresholds for exempt employees that were proposed as a part of Minimum Wage Order Updates in October 2023. Similarly, New York passed Senate Bill S5572 in September 2023, increasing the salary thresholds for exempt employees under Article 6 of the New York Labor Law.
Expert Testimony Admissibility in Federal Courts
Last year, we previewed impending changes to the federal rule that governs the admissibility of expert testimony: Federal Rule of Evidence (FRE) 702. Since our last blog post on this topic, Congress and the U.S. Supreme Court approved those amendments. And as of December 1, the amendments are in effect.
Employment Law this Week Episode 325 - The Department of Labor's New Rules and Rising Challenges [Video, Podcast]
This week, we’re getting up close and personal with the U.S. Department of Labor (DOL) and the contentious new rules that it is rushing to put into effect. The DOL’s New Rules and Rising Challenges The DOL is racing ahead with its agenda, with several rules that could change the landscape for employers, such as new workplace inspection policies and requirements for determining fiduciary status.
DOL Announces Much-Anticipated Proposal to Increase Minimum Salary for Executive, Administrative, and Professional Employees to at Least $55,068 Per Year | Epstein Becker & Green - JDSupra
On August 30, 2023, in one of the U.S. Department of Labor’s most highly anticipated rulemakings of the year, the Wage and Hour Division announced the details of its forthcoming Notice of Proposed Rulemaking regarding the salary requirements of the Fair Labor Standards Act’s overtime exemption for executive, administrative, and professional employees.
DOL Announces Much-Anticipated Proposal to Increase Minimum Salary for Executive, Administrative, and Professional Employees to at Least $55,068 Per Year
Thursday, August 31, 2023 On August 30, 2023, in one of the U.S. Department of Labor’s most highly anticipated rulemakings of the year, the Wage and Hour Division announced the details of its forthcoming Notice of Proposed Rulemaking regarding the salary requirements of the Fair Labor Standards Act’s overtime exemption for executive, administrative, and professional employees.
DOL Announces Much-Anticipated Proposal to Increase Minimum Salary for Executive, Administrative, and Professional Employees to at Least $55,068 Per Year
On August 30, 2023, in one of the U.S. Department of Labor’s most highly anticipated rulemakings of the year, the Wage and Hour Division announced the details of its forthcoming Notice of Proposed Rulemaking regarding the salary requirements of the Fair Labor Standards Act’s overtime exemption for executive, administrative, and professional employees.
Federal Court in Virginia Adopts One-Step Approach to FLSA Collective Action Certification | JD Supra
A little over two years ago, the U.S. Court of Appeals for the Fifth Circuit became the first federal appellate court in the country to reject the widespread and longstanding two-step approach of first “conditionally” certifying Fair Labor Standards Act (“FLSA”) collective actions under a very lenient, plaintiff-friendly standard, followed by applying more rigorous scrutiny after the close of discovery at the “decertification” or “final certification” stage.
Federal Court in Virginia Adopts One-Step Approach to FLSA Collective Action Certification
A little over two years ago, the U.S. Court of Appeals for the Fifth Circuit became the first federal appellate court in the country to reject the widespread and longstanding two-step approach of first “conditionally” certifying Fair Labor Standards Act (“FLSA”) collective actions under a very lenient, plaintiff-friendly standard, followed by applying more rigorous scrutiny after the close of discovery at the “decertification” or “final certification” stage.
Updated for 2023: Epstein Becker Green’s Free Wage-Hour App
More than a decade ago, Epstein Becker Green (EBG) created its complimentary Wage & Hour Guide for Employers app, putting federal, state, and local wage-hour laws at employers’ fingertips.
Epstein Becker Green’s Free Wage-Hour App Includes 2023 Changes to Federal, State, and Local Laws
More than a decade ago, Epstein Becker Green (EBG) created its complimentary wage-hour app, putting federal, state, and local wage-hour laws at employers’ fingertips. The app provides important information about overtime exemptions, minimum wages, overtime, meal periods, rest periods, on-call time, travel time, and tips that employers can use to remain compliant with the law—and, hopefully, to avoid class action, representative action, and collective action lawsuits and government investigations.
Federal Court Reinstates Trump-Era Independent Contractor Rule | JD Supra
As discussed here, in January 2021, in the waning days of the Trump administration, the U.S. Department of Labor issued a Final Rule setting forth for the first time a standard for differentiating employees and independent contractors under the Fair Labor Standards Act. The scheduled effective date of the new rule was March 8, 2021.
Federal Court Reinstates Trump-Era Independent Contractor Rule
March 17, 2022 IRS Continues Focus on Hiring and Modernization of Technology by: Andrew R. Roberson and Kevin Spencer Federal Court Reinstates Trump-Era Independent Contractor Rule by: Paul DeCamp Is the "S" in ESG Poised for a Breakout Year in 2022 for... by: Heather L. Brown and Alan R. Stewart Cyber-Attackers Politically Aligned by: Linn F. Freedman Virginia Drafts COVID-19 Guidance As It Mulls Eliminating Standard by: Courtney M. Malveaux Utah Consumer Privacy Act – Mintz’s Hot Take by: Cynthia J.
Federal Court Reinstates Trump-Era Independent Contractor Rule
As discussed here, in January 2021, in the waning days of the Trump administration, the U.S. Department of Labor issued a Final Rule setting forth for the first time a standard for differentiating employees and independent contractors under the Fair Labor Standards Act. The scheduled effective date of the new rule was March 8, 2021.
Time Is Money: A Quick Wage-Hour Tip on … Salaried Nonexempt Status
Friday, February 25, 2022 Neither fish nor fowl Salaried with overtime Brings pain and regret We don’t see a lot of wage and hour poetry these days, but if we did, it would probably look a bit like the foregoing example from an anonymous former U.S. Department of Labor official.
Ringing in the New Year with Minimum Wage Increases and Revised Exempt Salary Thresholds | JD Supra
Before ringing in the New Year, employers should carefully evaluate whether they need to adjust their current practices to ensure that they remain compliant with state and local laws, including those relating to minimum wage and salary thresholds for exempt employees. As reflected in the charts below, in 2022, minimum wages will increase in more than two dozen states and localities, with many changes taking effect January 1st.
Ringing in the New Year with Minimum Wage Increases and Revised Exempt Salary Thresholds
Before ringing in the New Year, employers should carefully evaluate whether they need to adjust their current practices to ensure that they remain compliant with state and local laws, including those relating to minimum wage and salary thresholds for exempt employees. As reflected in the charts below, in 2022, minimum wages will increase in more than two dozen states and localities, with many changes taking effect January 1st.
Supreme Court Set to Decide Whether Epic Systems Extends to PAGA Representative Claims | JD Supra
More than three years after its landmark decision in Epic Systems Corp. v. Lewis, the United States Supreme Court has granted certiorari in Viking River Cruises, Inc. v. Moriana to determine whether Epic Systems extends to arbitration agreements that include waivers of representative actions brought under the California Private Attorneys General Act (PAGA).
Supreme Court Set to Decide Whether Epic Systems Extends to PAGA Representative Claims
More than three years after its landmark decision in Epic Systems Corp. v. Lewis, the United States Supreme Court has granted certiorari in Viking River Cruises, Inc. v. Moriana to determine whether Epic Systems extends to arbitration agreements that include waivers of representative actions brought under the California Private Attorneys General Act (PAGA).
Back to the Future: The U.S. Department of Labor Proposes New Tip Credit Rule Reinstating Old Standard | JD Supra
On June 21, 2021, the U.S. Department of Labor (DOL) announced a new proposed rule related to when an employer may take a tip credit and pay a lower minimum wage to tipped employees performing so-called tipped and non-tipped duties. The proposed rule appeared in the Federal Register on June 23, 2021 and is open for public comment until August 23, 2021.
Back to the Future: The U.S. Department of Labor Proposes New Tip Credit Rule Reinstating Old Standard
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Back to the Future: The U.S. Department of Labor Proposes New Tip Credit Rule Reinstating Old Standard
On June 21, 2021, the U.S. Department of Labor (DOL) announced a new proposed rule related to when an employer may take a tip credit and pay a lower minimum wage to tipped employees performing so-called tipped and non-tipped duties. The proposed rule appeared in the Federal Register on June 23, 2021 and is open for public comment until August 23, 2021.
Can I Just Make All Employees Hourly?
Thursday, May 6, 2021 For more than 80 years, federal law has provided a general right to premium pay for working overtime hours, originally just for covered employees, then later for employees of covered enterprises. The laws of more than 30 states contain a comparable requirement, though in some instances differing in the particulars.
Time Is Money: A Quick Wage-Hour Tip on … Tracking Employee Working Time | JD Supra
I had planned to focus this month’s installment of “Time Is Money” on the practice of rounding timeclock entries, addressing the history behind the practice as well as factors that make rounding today a riskier proposition than it used to be. Then, while reviewing our previous writings on the subject, I came across my colleague Mike Kun’s treatment of the topic in our July 2019 installment, where he already said pretty much everything I had to say.
Time Is Money: A Quick Wage-Hour Tip on … Tracking Employee Working Time
Tuesday, March 30, 2021 I had planned to focus this month’s installment of “Time Is Money” on the practice of rounding timeclock entries, addressing the history behind the practice as well as factors that make rounding today a riskier proposition than it used to be. Then, while reviewing our previous writings on the subject, I came across my colleague Mike Kun’s treatment of the topic in our July 2019 installment, where he already said pretty much everything I had to say.
Time Is Money: A Quick Wage-Hour Tip on … Tracking Employee Working Time
I had planned to focus this month’s installment of “Time Is Money” on the practice of rounding timeclock entries, addressing the history behind the practice as well as factors that make rounding today a riskier proposition than it used to be. Then, while reviewing our previous writings on the subject, I came across my colleague Mike Kun’s treatment of the topic in our July 2019 installment, where he already said pretty much everything I had to say.
The Department of Labor Ends its Payroll Audit Independent Program | JD Supra
On January 29, 2021, the U.S. Department of Labor announced the immediate termination of its Payroll Audit Independent Determination Program (PAID). Launched in March 2018 by the Wage and Hour Division (WHD), PAID was intended to resolve wage and hour disputes with greater expediency and at lower cost to employers.
The Department of Labor Ends its Payroll Audit Independent Program
On January 29, 2021, the U.S. Department of Labor announced the immediate termination of its Payroll Audit Independent Determination Program (PAID). Launched in March 2018 by the Wage and Hour Division (WHD), PAID was intended to resolve wage and hour disputes with greater expediency and at lower cost to employers.
U.S. Department of Labor Issues Much-Anticipated Final Rule Addressing Independent Contractor Status Under the FLSA | JD Supra
On January 6, 2021, the U.S. Department of Labor released its much-anticipated Final Rule addressing independent contractor status under the Fair Labor Standards Act. The Department indicates that the rulemaking should appear in the Federal Register on January 7, 2021, with an effective date 60 days thereafter. The Final Rule is, in substance, very similar to the Proposed Rule the Department issued in September 2020 (and discussed here).
U.S. Department of Labor Issues Much-Anticipated Final Rule Addressing Independent Contractor Status Under the FLSA
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
U.S. Department of Labor Issues Much-Anticipated Final Rule Addressing Independent Contractor Status Under the FLSA
On January 6, 2021, the U.S. Department of Labor released its much-anticipated Final Rule addressing independent contractor status under the Fair Labor Standards Act. The Department indicates that the rulemaking should appear in the Federal Register on January 7, 2021, with an effective date 60 days thereafter. The Final Rule is, in substance, very similar to the Proposed Rule the Department issued in September 2020 (and discussed here).
November Elections May Decide Fate of Gig Worker Classification Regulations
We recently authored “Elections May Decide Fate of Gig Worker Classification Regs,” the first of a series of articles on wage and hour issues for Law360. Subscribers can access the full version here – following is an excerpt: As the gig economy has grown, so too have questions about it.
Elections May Decide Fate Of Gig Worker Classification Regs
Law360 (September 24, 2020, 2:37 PM EDT) -- As the gig economy has grown, so too have questions about it. One of the most consequential questions in the past several years has been whether workers in the gig economy are properly classified as independent contractors for purposes of various federal and state statutes, or whether they should be classified as employees of the businesses with which they have relationships.
Wage & Hour – Returning to Work – Class Action Avoidance Series [WEBINAR]
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Epstein Becker Green Introduces Two New Tools to Assist Employers in Preparing for Federal Wage and Hour Investigations
As employers continue to deal with workplace issues related to COVID-19, you should be aware that the U.S. Department of Labor’s Wage and Hour Division (“WHD”) has indicated that it will be investigating allegations of wage and hour violations that have occurred as a result of the rapid workforce changes undertaken by many organizations earlier this year.
Inoculating Against Wage and Hour Class Litigation Related to COVID-19 | JD Supra
During the Covid-19 pandemic, companies should focus in the first instance on health and safety issues for workers, customers, and the public at large during a pandemic, but they cannot lose sight of the wage and hour risks that are lurking in these challenging times.
U.S. Department of Labor Allows Employers to Give Bonuses and Other Extra Pay to Fluctuating Workweek Employees | JD Supra
For the second time this week, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) has issued a Final Rule involving the overtime provisions of the Fair Labor Standards Act (the “FLSA”). Following closely on the heels of the revisions to the section 7(i) exemption regulations discussed here, on May 20, 2020 WHD released its revisions to the regulations regarding the “fluctuating workweek” method of paying overtime to salaried non-exempt employees.
U.S. Department of Labor Allows Employers to Give Bonuses and Other Extra Pay to Fluctuating Workweek Employees
Wednesday, May 20, 2020 For the second time this week, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) has issued a Final Rule involving the overtime provisions of the Fair Labor Standards Act (the “FLSA”). Following closely on the heels of the revisions to the section 7(i) exemption regulations discussed here, on May 20, 2020 WHD released its revisions to the regulations regarding the “fluctuating workweek” method of paying overtime to salaried non-exempt employees.
Inoculating Against Wage and Hour Class Litigation Related to COVID-19
The Covid-19 pandemic may allow businesses to invoke force majeure clauses to be relieved of certain contractual obligations, but it does not allow employers to avoid obligations for wage and hour compliance, which are non-waivable. Epstein Becker Green attorneys explain work scenario risks employers need to understand to avoid litigation.
U.S. Department of Labor Allows Employers to Give Bonuses and Other Extra Pay to Fluctuating Workweek Employees
For the second time this week, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) has issued a Final Rule involving the overtime provisions of the Fair Labor Standards Act (the “FLSA”). Following closely on the heels of the revisions to the section 7(i) exemption regulations discussed here, on May 20, 2020 WHD released its revisions to the regulations regarding the “fluctuating workweek” method of paying overtime to salaried non-exempt employees.
INSIGHT: Inoculating Against Covid-19 Related Wage and Hour Class Litigation
During the Covid-19 pandemic, companies should focus in the first instance on health and safety issues for workers, customers, and the public at large during a pandemic, but they cannot lose sight of the wage and hour risks that are lurking in these challenging times.
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