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Vacancies in DOL Leadership?

 

The Senate faces a substantial labor agenda upon its return from the August recess, with 10 nominees pending for key enforcement roles at the U.S. Labor Department. Currently, every significant leadership position requiring Senate approval, apart from the Secretary and Deputy Secretary roles, is under temporary leadership. Notably, nominees such as Jonathan Berry for Solicitor of Labor, Andrew Rogers for the Wage and Hour Division, and Daniel Aronowitz for the Employee Benefits Security Administration, await floor votes.

While the slow confirmation pace is not entirely unusual, President Biden's wage administrator took two years to confirm, and his EBSA pick over a year, Republicans are exploring ways to expedite the process, including potential rule changes to limit debate and procedural votes.

Despite the lack of confirmed leadership, the Trump administration's policy work has continued unabated, though it may impact litigation against the agency. Recently, the DOL proposed rescinding numerous rules, such as ending minimum wage and overtime eligibility for certain health aides, canceling regulations supporting the Office of Federal Contract Compliance Programs, and removing various outdated guidance documents.

The agency has also introduced new initiatives, including an opinion letter program and several employer self-audit programs to help companies avoid enforcement actions. Attorneys credit Trump’s decision to appoint experienced former DOL officials to top positions for maintaining momentum, despite the leadership void in subagencies.

However, confirmed leadership offers specific advantages, particularly in legal matters, having confirmed leaders can streamline processes related to rule and policy sign-offs and proper succession, which, if mishandled, can complicate litigation.

Nominees waiting on a Senate vote:

  • Jonathan Berry, labor solicitor
  • David Keeling, Occupational Safety and Health Administration
  • Andrew Rogers, Wage and Hour Division
  • Jeremiah Workman, Veterans’ Employment and Training
  • David Castillo, chief financial officer
  • Wayne Palmer, Mine Safety and Health Administration
  • Henry Mack, Employment and Training Administration
  • Julie Hocker, Office of Disability Employment Policy

Nominees waiting to clear committee:

  • Anthony D’Esposito, inspector general
  • Rosario Palmieri, Office of the Assistant Secretary for Policy
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