Paul DeCamp Quoted in “Injunctions Key Tool in W&H Fights, Birthright Case Illuminates”

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 “Injunctions Key Tool in W&H Fights, Birthright Case Illuminates,” by Daniela Porat. (Read the full version – subscription required.)

Following is an excerpt:

Nationwide injunctions could be on the chopping block at the U.S. Supreme Court over President Donald Trump's birthright citizenship order, sparking debate over the role they play in wage and hour law by curtailing regulatory overreach and helping employers operate with predictable compliance obligations, attorneys say. …

Paul DeCamp, a former administrator in the DOL's Wage and Hour Division under George W. Bush and a member of management-side firm Epstein Becker Green PC, said injunctions are a useful device when dealing with upcoming regulations that alter how businesses pay their workers.

"The role that injunctions can play is to provide an avenue for the courts to weigh in on the validity of a rule before it becomes effective," he said. "Employers, if they're going to change their practices, they change them only once, or they don't change them at all, rather than having to make multiple changes."

The timeline from a final rule being issued to when it becomes effective is fairly short, DeCamp said. And oftentimes there is not enough time for a case to proceed to a final judgment before a rule's effective date.

"The role that injunctions play is to have the court issue a preview of its final ruling in effect, and to give the parties guidance based on a less than complete analysis of the issues," he said. "But one that does take into consideration the same types of arguments that the parties will ultimately make at the summary judgment stage." …

DeCamp said that nationwide injunctions will remain a viable path for relief in wage and hour cases —otherwise that would spell chaos for employers and workers.

"I do think that the future of nationwide injunctions is very much in play, given the issues currently before the Supreme Court," he said. "We're certainly watching closely how the court tries to thread the needle."