Skip to main content

Labor Secretary Nominee Andy Puzder's Confirmation Hearing 'Indefinitely' Delayed


For those who have not been following the developments in the Department of Labor as of late, let me take a few minutes to give you an overview of what is going on.

President Trump nominated CKE CEO Andy Puzder to the position of Labor Secretary.  (The Labor Secretary is a part of the President's cabinet and as head of the Department of Labor, is entrusted with exercising control over the department, enforces and advises on laws that impact unions, the workplace, and other matters that involve the employer-employee dynamic).  Puzder lacks the 'typical' prior experience in government that many former Labor Secretaries have had.  Instead, Puzder boasts a lengthy track record in the private sector (CKE is the owner of companies such as Carl's Jr. & Hardee's).  While the prior Labor Secretary, Tom Perez, had championed the new overtime regulations and pushed for higher minimum wage rates, Puzder has made prior comments against increased minimum wage rates and in favor of the benefits of automation. 

Even though Republicans have majority control of Congress and can confirm any of Trump's nominees (so long as Republicans vote along party lines), there has been fierce opposition to several nominees, including Puzder.  As I have noted in previous weeks, with increased pressure on members of Congress to vote against Puzder (because of those who do not think Puzder's background demonstrates that he would make decisions in the best interests of hourly workers), a requirement that Puzder divest himself from a lot of his investments/business relationships (if confirmed), among other issues, there has been speculation that Puzder would instead withdraw as the nominee.  In fact, a report had surfaced a few weeks ago that Puzder might be having second thoughts about the position.

The Chairman of the Senate Health, Education, Labor and Pensions Committee (which will hold Puzder's confirmation hearing), has set Puzder's hearing four separate times (January 12, January 17, February 2, and February 7)...only to keep pushing it back.  According to the Chairman of the committee, Republican Senator Lamar Alexander, the delays are a result of Puzder not submitting requested documents and responses to written questions, as is common before a confirmation hearing occurs.  As a result of Puzder's apparent continued delays, the Chairman has 'indefinitely' postponed Puzder's confirmation hearing, which had been set for today.

To make the situation even more uncertain, a report emerged late yesterday that Puzder and his wife had previously hired an undocumented housekeeper for several years. A statement was subsequently released in which Puzder stated he and his wife had not been aware of the housekeeper's immigration status and when it became known, they no longer employed the housekeeper.  They claim that they did, however, pay all back taxes as required by law.  Granted, this likely is not detrimental to Puzder's nomination (as Senator Alexander said it would not derail the nomination)...but this certainly is not welcomed news, especially given the hard line stance that President Trump has towards immigration issues.

In the meantime, acting Labor Secretary Edward Hugler remains in the position until Trump's nominee (Puzder or otherwise) is finally confirmed.  Stay tuned.


For additional information:  http://www.nbcnews.com/politics/donald-trump/labor-nominee-andy-puzder-hired-undocumented-household-employee-n717656

For additional information on the acting Labor Secretary:  http://www.natlawreview.com/article/edward-hugler-named-acting-secretary-labor

Comments

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum, it was noted that emplo

What I’ve Been Reading This Week

A few years ago, I remember when the “Fight for $15” movement was taking off around the country.  Lo and behold, it appears that a $15/hour minimum wage is not the stopping point, which should be no surprise.  As the below article notes, New York is aggressively moving to ramp up hourly wage rates even higher.  While all the  below articles are worth a read, I called particular attention to that one. As always, below are a couple article that caught my eye this week. Disney World Workers Reject Latest Contract Offer Late last week, it was announced that workers at Disney World had rejected the most recent contract offer from the company, calling on their employer to do better.  As Brooks Barnes at The New York Times writes, the unions that represent about 32,000 workers at Disney World reported their members resoundingly rejected the 5 year contract offer which would have seen workers receive a 10% raise and retroactive increased back pay.  While Disney’s offer would have increased pa

Utah Non-Compete Bill Falters in House

Last month, a non-compete bill sponsored by Representative Brian Greene (Republican from Pleasant Grove) & up for vote in the Utah House failed to make it through the Legislature.  The bill sought to ban enforcement of non-competes if they came after a worker was already employed, given no compensation (such as a bonus or promotion) for signing the non-compete, and laid off within six months.  However, by a 22 - 49 vote, the bill was resoundingly defeated after some business groups lobbied to kill the non-compete bill.  One group in particular, The Free Enterprise Utah coalition, argued that the Utah State Legislature should hold off on any changes to non compete laws in the state until a survey about non competes was done among Utah businesses.  Representative Greene had countered this claim and argued that a survey was not needed to show that the current non compete laws in the states allowed many businesses, including some small high tech companies in the state, to per