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Paul DeCamp

Principal
Washington, D.C. Region

P 703-483-8305
F 703-483-8301
DeCampP@jacksonlewis.com

Biography

Paul DeCamp is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He practices exclusively in the area of management-side wage and hour law.

Mr. DeCamp’s practice focuses on complex litigation, including class, collective, and hybrid actions. Since joining Jackson Lewis, he has been lead or co-counsel in dozens of class cases around the country involving such industries as restaurants, pharmaceutical sales, financial services, retail, medical supplies, security, health care, information technology, defense contracting, and aerospace. He has argued appeals in several U.S. Courts of Appeals as well as in state courts. Mr. DeCamp also devotes a substantial part of his practice to conducting preventive compliance reviews and providing day-to-day advice and counsel regarding such issues as exempt/non-exempt classification, salary basis issues including permissible deductions, measuring working time, regular rate calculations for premium overtime pay, determining proper pay and duties for tipped employees, complying with state laws concerning meal and rest periods, and independent contractor status. Mr. DeCamp has provided wage and hour guidance in a broad range of industries ranging from restaurants, retail, wholesale distribution, and health care to banking, insurance, oil and gas, and government contracting. These matters range from a discrete question involving a single employee, to full-scope reviews at one or more sites, to the nationwide evaluation of the status of thousands of workers in hundreds of locations. An important aspect of this work involves developing strategies for change management to capitalize on opportunities to improve compliance while minimizing associated risks.

Mr. DeCamp joined Jackson Lewis upon completing his service as Administrator of the U.S. Department of Labor’s Wage and Hour Division. Appointed by the President, he was the chief federal officer responsible for interpreting and enforcing the nation’s wage and hour laws, including the FLSA, the FMLA, and close to 70 other federal statutes. He has testified before Congress on a variety of wage and hour issues, most recently in 2014. Before his appointment as Administrator, Mr. DeCamp served as Senior Policy Advisor to the Assistant Secretary of Labor for Employment Standards. While at the Department, Mr. DeCamp received three Exceptional Achievement Awards from the Secretary of Labor.

Mr. DeCamp is a frequent speaker at conferences across the country, as well as an author of numerous articles, white papers, and book chapters. He has given live interviews on NPR, and his quotes have appeared in The Wall Street Journal, The Washington Post, The Guardian, Daily Labor Report, Employment Law 360, and Employment Law Daily, among others. He is a member of the American Employment Law Council and the Fair Labor Standards Legislation Subcommittee of the American Bar Association’s Labor and Employment Committee.

OS Restaurant Partners (now Bloomin’ Brands), which operates Outback Steakhouse and Carrabba’s Italian Grill, among other restaurant concepts, has twice recognized Mr. DeCamp’s team at Jackson Lewis as “Purveyor of the Year.”

Mr. DeCamp was a Notes Editor for the Columbia Law Review and the Director of the First-Year Moot Court Program. After law school, he clerked for the Honorable Alan E. Norris of the U.S. Court of Appeals for the Sixth Circuit.

Honors and Recognitions

Chambers
Best Lawyers Award Badge

Selected Class, Collective and Hybrid Action Experience

(note:  not all matters shown, and past results do not guarantee future outcomes)

  • Obtained affirmance of dismissal of 30 NCAA Division I universities in putative nationwide collective action by former student-athletes seeking minimum wage for time spent engaged in interscholastic athletics. Berger v. NCAA, 843 F.3d 285 (7th Cir. 2016).
  • Defeated plaintiffs’ motion to conditionally certify an opt-in class of restaurant employees challenging use of tip credit wage for time spent performing sidework. Langlands v. JK & T Wings, Inc., 2016 U.S. Dist. LEXIS 100126 (E.D. Mich. Aug. 1, 2016).
  • Persuaded plaintiff’s counsel to voluntarily dismiss putative class action alleging failure to pay overtime to retail store department managers, and without any payment by the defendants. Shryock v. Bed Bath & Beyond, Inc., No. 1:15-cv-03610-JKB (D. Md. 2016).
  • Persuaded plaintiff’s counsel to voluntarily dismiss putative collective action alleging failure to pay overtime to delivery drivers, and without any payment by the defendants. Blazonis v. FedEx Ground Package System, Inc., No. 1:15-cv-02144-WMN (D. Md. 2015).
  • Obtained summary judgment in a collective action with more than 200 opt-in plaintiffs alleging that time spent laundering hospital uniforms is compensable work under the Fair Labor Standards Act. Dinkel v. MedStar Health, Inc., 286 F.R.D. 28 (D.D.C. 2015).
  • Prevailed on a motion to dismiss a putative class action complaint seeking compensation under Pennsylvania law by employees allegedly required to remain on their employer’s property during unpaid meal periods. Bosler v. Bio-Medical Applications of Pennsylvania, 24 Wage & Hour Cas. 2d (BNA) 796 (E.D. Pa. 2015).
  • Obtained summary judgment in a putative class action by a Chicago taxicab driver contending that by virtue of the City’s regulation of the taxicab industry, she and all other taxicab drivers in Chicago are employees of the City entitled to minimum wage under federal and Illinois law. Callahan v. City of Chicago, 78 F. Supp. 3d 791 (N.D. Ill. 2015), aff’d, 813 F.3d 658 (7th Cir.), cert. denied, 137 S. Ct. 188 (U.S. 2016) (No. 16-56).
  • Persuaded plaintiffs in a putative multi-state collective action challenging the exempt status of certain work performed by retail store assistant managers to withdraw their class claims in light of our opposition to their conditional certification motion. Baker v. R.K. Administrative Services, LLC, No. 3:13-cv-00144-RLY-WGH (S.D. Ind. 2013).
  • Defeated plaintiffs’ motion to conditionally certify an opt-in class of car service chauffeurs challenging their classification as independent contractors and asserting claims for minimum wage and overtime, and then obtained dismissal of 24 of the 25 named plaintiffs on the basis of misjoinder. Amir v. Sunny’s Executive Sedan Service, Inc., No. 1:13-cv-001610CMH-TCB (E.D. Va. July 30, 2013) (denial of conditional certification) and (Oct. 16, 2013) (dismissal of misjoined plaintiffs).
  • In a putative statewide collective action, obtained dismissal on the basis of failure to state a claim regarding allegations that restaurant servers spent time performing supposedly non-tipped duties while earning a tip credit wage, and defeated plaintiff’s motion to conditionally certify a collective action alleging insufficient notice of the tip credit. Roberts v. Apple Sauce, Inc., 945 F. Supp. 2d 995 (N.D. Ind. May 13, 2013) (currently on appeal, Seventh Circuit Case No. 13-3126).
  • While plaintiffs’ motion to conditionally certify a nationwide opt-in class of retail store managers was pending, persuaded plaintiffs’ counsel to withdraw their complaint alleging failure to pay overtime, and without any payment by our client. Bethel v. Shoe Show, Inc., No. 1:13-cv-01008-JDB-egb (W.D. Tenn. 2013).
  • Obtained summary judgment in a putative collective action by delivery drivers based on preemption of the Massachusetts Independent Contractor Statute by the Federal Aviation Administration Authorization Act of 1994. Sanchez v. Lasership, Inc., 937 F. Supp. 2d 730 (E.D. Va. 2013).
  • Defeated plaintiffs’ motion to conditionally certify a nationwide FLSA opt-in class of training instructors and field service representatives working for a defense contractor. Gentry v. DRS Technology, Inc., No. 4:11-cv-01915-RWS, 2012 U.S. Dist. LEXIS 81803 (E.D. Mo. June 13, 2012).
  • Obtained summary judgment in a putative nationwide collective action, with the court holding that gentlemen’s club emcees receive pay in compliance with the FLSA because payments dancers make to the emcees satisfy the regulatory definition of “tips”. Johnson v. VCG Holding Corp., 845 F. Supp. 2d 353 (D. Me. 2012).
  • Successfully opposed plaintiffs’ counsel’s attempt to consolidate cases pending in federal courts in four different states into a proceeding in the one circuit that had concluded that pharmaceutical sales representatives are non-exempt. In re: Boehringer Ingelheim Pharmaceuticals, Inc. Fair Labor Standards Act Litig., 763 F. Supp. 2d 1377 (J.P.M.L. 2011).
  • Defeated plaintiff’s motion to conditionally certify a nationwide FLSA opt-in class of retail shoe store managers. Drew v. Shoe Show, Inc., No. 3:10-cv-00656-JPG-PMF, 2011 U.S. Dist. LEXIS 106503 (S.D. Ill. Sept. 19, 2011).
  • Defeated plaintiff’s motion to conditionally certify a nationwide FLSA opt-in class of pharmaceutical sales representatives based on the named plaintiff’s class action waiver as well as the plaintiff’s failure to demonstrate that she was similarly situated to other putative class members. Palacios v. Boehringer Ingelheim Pharmaceuticals, Inc., No. 10-22398-Civ-UU, 2011 U.S. Dist. LEXIS 92002 (S.D. Fla. Apr. 19, 2011).
  • Obtained enforcement of an arbitration agreement and class action waiver as to two plaintiffs who sought to represent an FLSA opt-in class of exotic dancers. D’Antuono v. Service Road Corp., 789 F. Supp. 2d 308 (D. Conn. 2011).
  • Defeated plaintiff’s motion to conditionally certify a nationwide FLSA opt-in class of gentlemen’s club emcees based on the plaintiffs’ failure to demonstrate that other potential plaintiffs are interested in participating in the litigation. Johnson v. VCG Holding Corp., 802 F. Supp. 2d 227 (D. Me. 2011).

Selected Other Matters

(note: not all matters shown, and past results do not guarantee future outcomes)

  • In a declaratory relief action against the U.S Department of Labor, obtained summary judgment striking as invalid all challenged portions of the Department’s 2011 Fair Labor Standards Act regulations involving tips and the tip credit. Oregon Restaurant & Lodging Ass’n v. Solis, 948 F. Supp. 2d 1217 (D. Or. 2013) rev’d sub nom. Oregon Restaurant & Lodging Ass’n v. Perez, 816 F.3d 1080 (9th Cir.), reh’g denied, 843 F.3d 355 (9th Cir.), petitions for cert. filed, (U.S. Aug. 1, 2016) (No. 16-163), (U.S. Jan. 19, 2017) (No. 16-920).
  • Won a new trial on all issues in a challenge to what was then the largest single-plaintiff sexual harassment verdict—nearly $40 million including interest—ever affirmed on appeal in the United States. Gilbert v. DaimlerChrysler Corp., 470 Mich. 749 (2004).
  • Secured discretionary interlocutory review on behalf of an employer appealing certification of the largest employment discrimination class ever certified, a nationwide class of 1.6 million women alleging sex discrimination in pay and promotions. Dukes v. Wal-Mart Stores, Inc., 474 F.3d 1214 (9th Cir. 2007) (class certification ruling subsequently overturned by U.S. Supreme Court).
  • Secured discretionary interlocutory review on behalf of an employer appealing certification of a class of Canadian commuters to a Michigan facility alleging national origin discrimination. Crumb v. DaimlerChrysler Corp., No. 03-115 (6th Cir. 2004).

Congressional Testimony

  • 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)

Published Works

  • “Tips and Traps for Handling FLSA Collective Action Lawsuits,” (DRI, Apr. 2016)
  • "Preparing Your Company for the New Overtime Rules," HR Magazine at 32 (December 2015/January 2016)
  • "Potential Silver Bullets: Arbitration Agreements, Class Waivers, and Rule 68 Offers of Judgment," Jackson Lewis 2015 Employment Class Action Spring Summit (white paper) (June 2015) [Lead Author]
  • "A Practical Perspective on Wage and Hour Compliance for Retailers," Retail Industry Leaders Association Retail Law Conference 2014 (Charlotte, North Carolina) (October 2014) (white paper) [Lead Author]
  • "Developing the Initial Defense Strategy," Jackson Lewis Employment Class Action Summit (November 2013) (white paper)
  • "Hot Topics in FLSA Litigation: Independent Contractor Status, Exemptions, and Remedies," Virginia Bar (May 2013)
  • "New Coke: The Department of Labor’s About-Face on the Companionship Services Exemption," District of Columbia Bar (October 2012)
  • "Reducing Exposure to Wage and Hour Liability: Twelve Tips for 2012," ACC Docket at 26 (April 2012) (featured on cover page) [Co-Author]
  • "Keep It Ethical: Identifying and Addressing Wage and Hour Compliance Gaps, and Responding to Wage and Hour Division Investigations," Managing Wage & Hour Risks 2012 (Practising Law Institute, 2012) [Lead Author]
  • "Courts (Mostly) Continue to Reject FLSA Claims for Paid Commuting Time," Fair Labor Standards Act Handbook at 4 (October 2011) [Lead Author]
  • "U.S. DOL and Minnesota Administrative Enforcement," Wage & Hour Handbook: Federal and Minnesota (Paul J. Lukas & Robert R. Reinhart eds., 2011) [Co-Author]
  • "The Calm Before the Storm: Your Company Is Being Sued—How to Respond," Managing Wage & Hour Risks 2011 (Practising Law Institute, 2011) (Co-Author)
  • "Wage and Hour Update: Legal Developments and Emerging Trends in Wage and Hour Collective Actions" (Association of Corporate Counsel, October 2010) (lead author)
  • "Managing Wage and Hour Investigations and Litigation," Managing Wage and Hour Risks 2010 (Practicing Law Institute 2010) (co-author)
  • “This Opinion Letter Is Withdrawn: Whatever Happened to Those January 2009 Opinion Letters?" Fair Labor Standards Act Handbook (December 2009), at 3
  • "Half-Time or Time and a Half? Calculating Overtime in Misclassification Cases," Employers Guide to the Fair Labor Standards Act at 3  (November 2008) [Lead Author] (cited with approval in Urnikis-Negro v. American Family Property Services, 616 F.3d 665 (7th Cir. 2010))
  • "Base Overtime Exemptions On Compensation," Not Duties (192 N.J.L.J. 1059 (June 30, 2008) [Lead Author]
  • "Beyond State Farm: Due Process Constraints on Noneconomic Compensatory Damages," 27 HARV. J.L. & PUB. POL’Y 231 (2003) (cited with approval in Exxon Valdez v. Exxon Mobile Corp. (In re Exxon Valdez), 490 F.3d 1066 (9th Cir. 2007))

Speeches and Presentations

  • “Wage & Hour Litigation from the Defense Perspective,” National Employment Lawyers Association Conference, Litigating Wage & Hour Cases:  Challenges & Opportunities (Silver Spring, Maryland, Apr. 2017) (panelist)
  • “The Tipping Point: What Table Service Operators Need to Know to Avoid a Lawsuit,” National Restaurant Association, Human Resources Risk and Safety Executive Study Group Spring Meeting (Austin, Texas, Feb. 2017)
  • “2017 Labor & Employment Outlook,” Bloomberg BNA webcast (Feb. 2017) (panelist)
  • “Independent Contractors: Are they Really your Employees?,” ADP webinar (Jan. 2017)
  • “Texas Judge Issues Preliminary Injunction Blocking DOL’s Overtime Regulation—Now What?,” Jackson Lewis webinar (Nov. 2016) (more than 1,500 attendees) (co-presenter)
  • “Navigating the DOL Regulatory Storm,” American Employment Council 24th Annual Conference (Naples, Florida, Oct. 2016) (co-presenter)
  • “The (Over)Times they Are A-Changin’: Managing the Challenges Presented by the New Federal White-Collar Exemption Regulations,” HR Houston (Houston, Texas, Aug. 2016) (full-day workshop) (co-presenter)
  • “Overtime Pay Regulations—How to Prepare,” Corporate Executive Board webinar (June 2016) (co-presenter)
  • “Preparing for the Transition under the New Overtime Regulations,” Jackson Lewis Employment Law Seminar (Cincinnati, Ohio, May 2016)
  • “Who Needs Congress?  The Labor Department’s Rulemaking and Subregulatory Efforts,” Federalist Society for Law & Public Policy Studies, Cincinnati Lawyers Chapter (Cincinnati, Ohio, May 2016)
  • “DOL Final Rule Amending the White Collar Exemptions: What Employers Need to Know,” Jackson Lewis webinar (May 2016) (more than 1,000 attendees) (co-presenter)
  • “Tips and Traps for Handling FLSA Collective Action Lawsuits,” 39th Annual DRI Employment and Labor Law Seminar (Austin, Texas, Apr. 2016)
  • “Final Overtime Rule Release Date and Other Wage and Hour Issues,” Jackson Lewis 2016 Labor and Employment Law Conference (Dallas, Texas, Apr. 2016)
  • “The U.S. Department of Labor in the Final Year of the Obama Administration,” Salt Lake SHRM Employment Law Seminar (Salt Lake City, Utah, Apr. 2016) (keynote address)
  • “DOL’s Forthcoming Overtime Regulations: Preparing for a Post-Exempt World,” 2016 Jackson Lewis Labor & Employment Law Symposium (Philadelphia, Pennsylvania, Mar. 2016) (co-presenter)
  • "The New Overtime Regulations: How To Get Into A Class Action And How To Get Out," 2015 Jackson Lewis Nevada Employment Labor & Employment Law Symposium (Las Vegas, Nevada, December 2015)
  • "2016: A Non-Exempt Restaurant Odyssey," The HR Policy Council (Washington, D.C., October 2015)
  • "What Employers Can Do To Get Ready For DOL’s New Overtime Exemption Regulations," The Legal Intelligencer, In-House Counsel CLE Seminar (Philadelphia, Pennsylvania, October 2015) (co-presenter)
  • "The Restaurant Industry and the Proposed Overtime Regulations," The Legal Council (Washington, D.C., October 2015)
  • "The New DOL Overtime Regulations," 2015 Jackson Lewis Government Contractor Employment Law Symposium (Reston, Virginia, October 2015)
  • "Proposed Changes to Federal Overtime Exemptions: Are You Ready?," ADP webinar (October 2015) (more than 800 attendees)
  • "The Evolution of Wage & Hour Laws: Past, Present & Future," 42d SHRM Puerto Rico Conference & Exposition (Fajardo, Puerto Rico, September 2015) (co-presenter)
  • "What the Proposed Changes to the Federal “White Collar” Overtime Exemptions Mean for My Business," Association of Corporate Counsel webinar (September 2015)
  • "Preparing for the Coming Changes to the Department of Labor’s Overtime Exemption Regulations," Paycor webinar (September 2015)
  • "Overtime Pay Regulations—Big Changes?," Corporate Executive Board webinar (August 2015) (co-presenter)
  • "Overtime Regulations, Independent Contractor Misclassification, and Other Developments at DOL," Federalist Society for Law & Public Policy Studies teleforum / podcast (July 2015) (featured speaker)
  • “Understanding the Proposed Changes to the “White Collar” Overtime Exemptions,” Jackson Lewis webinar (July 2015)
  • "Potential Class Action Silver Bullets: Arbitration Agreements with Class Waivers and Rule 68 Offers of Judgment," Jackson Lewis 2015 Employment Class Action Spring Summit (New York, New York, June 2015) (panelist)
  • "DOL’s New Overtime Regulations: What You Need to Know," 2015 Jackson Lewis Corporate Counsel Conference (New Orleans, Louisiana, April 2015)
  • "The NLRB and the Joint Employer Standard: New Interpretations, New Liabilities, and the Impact on Other Statutes," U.S. Chamber of Commerce Symposium (Washington, D.C., March 2015) (panelist)
  • "A Practical Perspective on Wage and Hour Compliance for Retailers," Retail Industry Leaders Association Retail Law Conference 2014 (Charlotte, North Carolina, October 2014) (panelist)
  • "The Many New Obligations of Federal Contractors," Jackson Lewis 6th Annual Colorado Employment Law Summit (Denver, Colorado, September 2014) (panelist)
  • "Do I Really Have to Pay for That?  Understanding and Preventing Claims for Off-the-Clock Work," Jackson Lewis 6th Annual Colorado Employment Law Summit (Denver, Colorado, September 2014)
  • "Recently Issued Senate Committee Report on FLSA, Prevailing Wage, and OSHA Violations by Federal Contractors Poses New Challenges for Contractors," Jackson Lewis 2014 Government Contractor Symposium (Bethesda, Maryland, April 2014 and Reston, Virginia, May 2014) (panelist)
  • "Identifying and Measuring Compensable Work: It’s Not As Easy As You Might Think," Jackson Lewis Labor and Employment Law Conference (San Juan, Puerto Rico, Mar. 2014) (co-presenter)
  • "FLSA: Class Communications and Settlements that Judges Will Tolerate," American Bar Association Section of Labor and Employment Law, Federal Labor Standards Legislation Committee Midwinter Meeting (Miami Beach, Florida, Feb. 2014) (panelist)

See AllPaul DeCamp in the News

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June 21, 2017
Bloomberg BNA

Paul DeCamp Comments on Patrick Pizzella's Nomination for Deputy Secretary of Labor

June 21, 2017

Paul DeCamp comments on Deputy Labor Secretary nominee Patrick Pizzella in "Abramoff Ties Could Mean Trouble for Trump DOL Nominee," in Bloomberg BNA. Subscription may be required to view article Read More

June 9, 2017
ABA Journal

Paul DeCamp Comments on Chipotle Workers Suing for Overtime Pay

June 9, 2017

Paul DeCamp comments on Chipotle workers filing a class action lawsuit over claims of unpaid overtime in "Chipotle workers sue for overtime based on expansive rule enjoined by federal judge," published by ABA Journal. Subscription may be required to view article Read More

June 7, 2017
Bloomberg BNA

Paul DeCamp Comments on Chipotle Workers Filing Suit for Overtime Pay

June 7, 2017

Paul DeCamp comments on Chipotle Mexican Grill workers alleging the fast-food chain owes them time-and-a-half pay under the Obama administration overtime rule that a federal judge in Texas put on hold last year in "Chipotle Workers Say Obama Overtime Rule Means They’re Owed Pay," published by Bloomberg BNA. Subscription may... Read More

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March 29, 2017

Class Action Trends Report Spring 2017

March 29, 2017

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: Rule 23 maps out the terrain Changes on the horizon The case law Regulatory roundup Practice pointer What’s trending? On... Read More

January 19, 2017

Trump’s Cabinet Picks Begin Senate Confirmation Process

January 19, 2017

With the approach of Inauguration Day, the Senate confirmation process for President-elect Donald Trump’s cabinet picks is in full swing. Televised or streamed hearings are taking place involving Trump’s choices to lead the U.S. Department of Labor, Department of Health and Human Services, Department of Homeland Security, and... Read More

December 19, 2016

Class Action Trends Report Winter 2016

December 19, 2016

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: Defending class discrimination claims Disparate treatment vs. disparate impact The legislation The case law Prevention pointer... Read More

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March 14, 2017 - 2:00 PM to 3:00 PM EST
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Archived

Class Actions and Complex Litigation Webinar Series

February 14, 2017 - 2:00 PM to 3:00 PM EST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending

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Class Actions and Complex Litigation Webinar Series

January 10, 2017 - 2:00 PM to 3:00 PM EST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending