Labor & Employment Developments Blog

Last week, President Trump’s nominee for Secretary of Labor, former Oregon Congresswoman Lori Chávez-DeRemer, appeared before the Senate Committee on Health, Education, Labor, and Pensions for her confirmation hearing. Her nomination was something of a surprise as Chávez-DeRemer, the daughter of a lifelong Teamster, was known for taking more union-leaning stances during her short stint in Congress. For example, as a member of the House, Chávez-DeRemer was one of three Republicans to support the Protecting the Right to Organize (PRO) Act. The PRO Act sought to expand labor protections and weaken “right-to-work” laws, which allow employees to opt-out of participation in or paying dues to unions that represent workers at their place of employment.

During the hearing, Chávez-DeRemer seemed to downplay some of her previous stances and expressed her willingness to adhere to President Trump’s labor agenda. Indicating that her previous positions were a reflection on her commitments to her constituents in Oregon, she committed herself to President Trump’s policy vision when pressed about her support of the more union-leaning stances the Department of Labor took during the Biden Administration. Although maintaining some support for the PRO Act, Chávez-DeRemer clarified that she would not support the Act when in conflict with right-to-work laws. Throughout the hearing, it became clear that Chávez-DeRemer’s stance on labor issues will reflect the goals of the Trump Administration.

What does this mean for employers? As this blog has previously covered, agencies such as the National Labor Relations Board (NLRB) and Equal Employment Opportunity Commission (EEOC) have already been actively rescinding guidance issued during the Biden Administration regarding topics such as the enforceability of non-compete agreements and specific protections for LGBTQ+ workers. Should Chávez-DeRemer be confirmed, employers can expect her to continue carrying out the current administration’s labor agenda. Under Chávez-DeRemer’s leadership, the DOL will likely focus on establishing guidance pertaining to the independent contractor classification rule and exploring strategies to modernize federal labor laws to aid business growth and workforce development. Nevertheless, her nomination suggests a potential evolution from the first Trump administration’s attitude towards union issues.

Given the pace already set by the Trump Administration, employers should expect continued development in federal interpretation of labor and employment law.  How Chávez-DeRemer’s priorities fit within those interpretations remains to be seen. However, the KMK Labor & Employment team will continue to monitor new developments and is ready to assist employers as they navigate the changing labor landscape.