[Senate Hearing 117-405]
[From the U.S. Government Publishing Office]


                                                        S. Hrg. 117-405

                     NOMINATIONS OF KARLA GILBRIDE
                           AND JESSICA LOOMAN

=======================================================================

                                HEARING

                                 OF THE

                    COMMITTEE ON HEALTH, EDUCATION,
                          LABOR, AND PENSIONS

                          UNITED STATES SENATE

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             SECOND SESSION

                                   ON

  EXAMINING THE NOMINATIONS OF KARLA ANN GILBRIDE, OF MARYLAND, TO BE 
  GENERAL COUNSEL OF THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, AND 
JESSICA LOOMAN, OF MINNESOTA, TO BE ADMINISTRATOR OF THE WAGE AND HOUR 
                     DIVISION, DEPARTMENT OF LABOR
                               __________

                           SEPTEMBER 13, 2022
                               __________

 Printed for the use of the Committee on Health, Education, Labor, and 
                                Pensions
                                
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                               __________

                    U.S. GOVERNMENT PUBLISHING OFFICE
                    
48-916 PDF                 WASHINGTON : 2024           
        
        
        
          COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS

                    PATTY MURRAY, Washington, Chair
BERNIE SANDERS (I), Vermont          RICHARD BURR, North Carolina, 
ROBERT P. CASEY, JR., Pennsylvania       Ranking Member
TAMMY BALDWIN, Wisconsin             RAND PAUL, M.D., Kentucky
CHRISTOPHER S. MURPHY, Connecticut   SUSAN M. COLLINS, Maine
TIM KAINE, Virginia                  BILL CASSIDY, M.D., Louisiana
MAGGIE HASSAN, New Hampshire         LISA MURKOWSKI, Alaska
TINA SMITH, Minnesota                MIKE BRAUN, Indiana
JACKY ROSEN, Nevada                  ROGER MARSHALL, M.D., Kansas
BEN RAY LUJAN, New Mexico            TIM SCOTT, South Carolina
JOHN HICKENLOOPER, Colorado          MITT ROMNEY, Utah
                                     TOMMY TUBERVILLE, Alabama
                                     JERRY MORAN, Kansas

                     Evan T. Schatz, Staff Director
               David P. Cleary, Republican Staff Director
                  John Righter, Deputy Staff Director

                            C O N T E N T S

                              ----------                              

                               STATEMENTS

                      TUESDAY, SEPTEMBER 13, 2022

                                                                   Page

                           Committee Members

Smith, Hon. Tina, a U.S. Senator from the State of Minnesota, 
  Opening statement..............................................     1
Braun, Hon. Mike, a U.S. Senator from the State of Indiana, 
  Opening statement..............................................     3

                               Witnesses

Looman, Jessica, St. Paul, MN....................................     6
    Prepared statement...........................................     8
Gilbride, Karla, Silver Spring, MD...............................     9
    Prepared statement...........................................    11

                          ADDITIONAL MATERIAL

Statements, articles, publications, letters, etc.
    Letters of support and opposition for Jessica Looman to be 
      Administrator of the Wage and Hour Division, Department of 
      Labor, submitted for the Record............................    27
    Letters for support and opposition for Karla Gilbride to be 
      General Counsel of the Equal Employment Opportunity 
      Commission, submitted for the Record.......................    36

 
                     NOMINATIONS OF KARLA GILBRIDE
                           AND JESSICA LOOMAN

                              ----------                              


                      Tuesday, September 13, 2022

                                       U.S. Senate,
       Committee on Health, Education, Labor, and Pensions,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:03 a.m., in 
room 106, Dirksen Senate Office Building, Hon. Tina Smith, 
presiding. Present: Senators Smith [presiding], Casey, Murphy, 
Kaine, Rosen, Hickenlooper, Braun, Marshall, and Tuberville.

                   OPENING STATEMENT OF SENATOR SMITH

    Senator Smith. The Senate, Health, Education, Labor, and 
Pensions Committee will please come to order. Thank you, Chair 
Murray, for calling this hearing today, and I appreciate the 
opportunity to fill in for Chair Murray.

    In addition, thank you to Senator Burr for working closely 
with Chair Murray to get this hearing planned and for working 
with these two nominees. Senator Burr is also unable to be here 
today, but I am very pleased to have Senator Braun as the 
Ranking Republican today.

    We are holding a hearing on the nominations of Jessica 
Looman to serve as the Administrator of the Wage and Hour 
Division of the Department of Labor, and Karla Gilbride to 
serve as the General Counsel for the Equal Employment 
Opportunity Commission. Ranking Member Braun and I will each 
have an opening statement and then we will introduce the 
witnesses. After the witnesses have given their testimony, 
Senators will each have 5 minutes for a round of questions.

    While we are unable to have the hearing fully open to the 
public or media for in-person attendance, live video is 
available on our Committee website at help.senate.gov. The 
video on the HELP Committee's website will have closed 
captioning. If you are in need of other accommodations, you can 
reach out to the Committee or the Office of Congressional 
Accessibility Services.

    We received Ms. Looman's formal nomination on July 28th, 
her Office of Government Ethics paperwork on August 3d, and her 
Committee paperwork on August 18th. And we received Ms. 
Gilbride's formal nomination on June 7th, her Office of 
Government Ethics paperwork on June 23d, and her Committee 
paperwork on July 11th.

    I would like to thank all our witnesses for joining us and 
also to welcome their family members who are here today, Ms. 
Looman's husband Jason, and sons Jack and Joshua, and Ms. 
Gilbride's husband Mark and mother, Janet. Welcome.

    I am very happy to have before us two nominees with strong 
records of representing the interests of workers. Jessica 
Looman has very ably served as the Principal Deputy 
Administrator of the Wage and Hour Division since January 2021. 
In recognition of her excellent service, Ms. Looman has been 
nominated to permanently lead the Division at the Department of 
Labor, and I can't think of a better candidate for this role.

    I have had the pleasure of knowing and working closely with 
Jessica since 2011, and I am confident that she will be a fair 
and pragmatic Administrator as she enforces some of our 
Nation's most important labor laws, including laws covering 
minimum wage, overtime, and child labor.

    This is the role that has real impact for working people, 
like the waitress who should be protected from a boss who 
steals her tips, the building trades carpenter or laborer who 
has the right to earn the prevailing wage that can support 
their families when they work on Federal contracts, and the 
worker who has the right to earned overtime but isn't being 
paid for those hours worked.

    Ms. Looman's values are rooted in upholding the dignity of 
work and supporting every day, hardworking Americans. In all 
the time that I have known her, she has approached issues with 
a keen desire to understand both sides of the argument and to 
find the fair solution that both sides can understand.

    This is why she is respected by both employers and labor, 
first in Minnesota and now in her work at the U.S. Department 
of Labor. Ms. Looman is respected because she is reasonable, 
and she builds consensus even when it is difficult and there 
are real differences to bridge. Ms. Looman is an expert in her 
field and a strong listener.

    These are qualities that will serve her well and make her a 
great Wage and Hour Administrator for workers and employers 
across the country. Our second nominee is Karla Gilbride, who 
has been nominated to serve as the General Counsel for the 
Equal Employment Opportunity Commission, the EEOC.

    Karla Gilbride is currently a Co-Director of the Access to 
Justice Project at Public Justice, a nonprofit legal advocacy 
center. There she leads litigation on issues related to 
workers' rights and access to justice. Her work experience and 
background in litigation on these matters makes her highly 
qualified and well-suited to lead the Office of General Counsel 
at the EEOC.

    This office at the EEOC conducts litigation and service to 
enforcing our Country's employment discrimination statutes. 
These discrimination laws, which affect virtually all 
Americans, include Title VII of the Civil Rights Act, the 
Americans with Disabilities Act, the Pregnancy Discrimination 
Act, the Equal Pay Act, the Age Discrimination and Employment 
Act, the Rehabilitation Act, and the Genetic Information 
Nondiscrimination Act.

    These laws offer crucial protections for people in 
connection to their employment to close the gender pay gap and 
other pay inequities, to shut down workplace harassment and 
discrimination, and to protect the rights of workers in their 
workplaces.

    Congress created the EEOC to protect workers through these 
anti-discrimination laws, and the Office of General Counsel at 
the EEOC plays a central role in delivering these protections.

    I am very confident that Ms. Gilbride's background and 
experiences will serve her very well in this role. Before I 
turn to Ranking Member Braun for his opening remarks, I seek 
unanimous consent to put into the record a statement for the 
record from Chair Murray, seven letters in support of Ms. 
Looman's nomination, and five letters in support of Ms. 
Gilbride's nomination.

    Without objection, so ordered.

    [The following information can be found on page 27 (Ms. 
Looman) and page 36 (Ms. Gilbride) in Additional Material:]

    Senator Smith. I will now turn it over to Senator Braun for 
your opening remarks.

                   OPENING STATEMENT OF SENATOR BRAUN

    Senator Braun. Thank you, Madam Chair. Before coming to the 
Senate, I spent 37 years in my hometown building a business 
that started as a real little one. It evolved into a national 
company.

    When you do that and you live on Main Street, your 
employees are your friends and your family. I think it is so 
easy that companies that do grow, especially when they don't--
get to corporate, when they get detached from maybe what got 
him there in the first place, it is a different dynamic.

    We had that conversation a little bit prior to this hearing 
today. I know firsthand that the burden that the Federal 
Government can put on a small business in just making payroll 
can be significant. And the other thing you got to realize is 
that small businesses, they are earning a living mostly in that 
small business as a paycheck and they are providing jobs to 
boot.

    It is technically a much tougher kind of dynamic than it 
would be in just working somewhere. I want to make sure 
whatever we do is that we don't throw cold water on that or 
make it to where we discourage entrepreneurialism in what 
happens on Main Street. Big difference between Main Street and 
corporate America, in my opinion.

    When it comes to how Government interacts, I think there is 
a place for having common sense regulations, where employees, 
when they are not treated in a way where it is like family, 
friends, where you are not giving good wages, benefits, and a 
good long term future there, are especially--and we were in a 
hearing earlier this year from the Budget Committee, and it 
related to the issue of unionizing Amazon.

    Of course, you have in that case higher than normal 
accident rates, higher turnover rates. And when you are maybe 
bragging about the fact you are paying a $15 an hour wage, I 
think we need to aim higher than all of that. I think there is 
a place for that interjection of Government.

    But when it comes to what drives this country, what makes 
it what it is, it is Main Street America, it is that small 
grassroots economy, and most of the people there, remember, are 
making their living out of that entity.

    We don't want to do anything that suppresses it. Today, we 
are considering the nominations of our Karla Gilbride for 
General Counsel of the Equal Employment Opportunity Commission, 
and Jessica Looman for the Administrator of the Wage and Hour 
Division of the Department of Labor.

    We had a, I think, lengthy conversation in how recently 
where that attempt was to move that salaried position from a 
figure of like $27,000, ended up at $36,000, but then got 
proposed mean as high as in the $70,000's or $80,000's.

    That would completely disrupt and ruin the dynamic that 
many small businesses have to live with. Acknowledging too that 
if you are on a salaried pay system that there are certain 
things that maybe are different from it versus being a waged 
employee.

    I want to make sure that--during the Trump administration, 
we tried to take a little bit of the burden off of Main Street, 
that we don't add back to it, conflating the need that might 
come from that dynamic of huge companies with their employees 
versus small businesses in Main Street with theirs.

    Commission could reverse the approved--reverse some of that 
stuff, and then you involve litigation, then you make it 
strenuous. A lot of that marginal difference in having to fight 
things that you are not necessarily needing to fight, because 
you are doing a good job anyway, can be the difference between 
staying in business and going out of business.

    The Chair of the Commission also has made clear that she 
will seek to reinstate burdensome collection pay data from 
employers in an attempt to identify pay discrimination. 
However, the reality is that this data provides no context for 
the wages such as job experience, education, or skill level.

    This collection will force employers to shoulder additional 
costs and require significant changes in their H.R. systems, 
and again, will have a disproportionately burdensome effect on 
smaller companies.

    As Wage and Hour Administrator, Ms. Looman would be charged 
with the enforcing of the Fair Labor Standards Act, which is 
the Federal statute dictating minimum wage, overtime pay, 
record keeping, and child labor requirements for private 
employers.

    As Acting Administrator, she oversaw the end of some of the 
things that Trump administration did. And we talked about that 
before this hearing as well, that we shouldn't just get rid of 
carte blanche if there is some common sense to it.

    The Biden administration is working on their own version of 
these rules, which I am concerned will be somewhat job killing, 
burdensome, and bring uncertainty to employers, employees, and 
entrepreneurs. Based on the previous conduct, I am concerned 
that the White House will attempt to circumvent Congress to 
implement aspects of the Pro Act.

    If you try to do this wholesale, I think, again, you are 
tampering with the grassroots dynamic of what makes this 
economy tick. There are solutions Congress can implement to 
help the Government work with employers to create a better and 
fairer workplace, bona fide goals to aspire to.

    For example, the Ensuring Workers Get Paid Act, which 
codifies the payroll audit independent determination pilot 
program, is one of them. This program gave employers a way to 
proactively fix inadvertent overtime and minimum wage 
violations without the heavy hand of audits and litigation and 
so forth.

    We need to keep that in mind because I think most small 
employers really like that, before you get into a full-fledged 
regulatory discussion. President Biden ended the program upon 
taking office, and this bill would reinstate it so we can work 
together with employers rather than continue the top down, one 
size fits all approach that it looks like we are now entering 
into. Thank you, Madam Chair.

    Senator Smith. Thank you, Senator Braun. I will now 
introduce today's witnesses. First, we have Jessica Looman. 
Jessica is from Saint Paul, Minnesota. Thank you to you and 
your family for being here.

    Jessica is a longtime labor leader attorney and lifelong 
champion of workers. Prior to joining the Department of Labor 
last year, Jessica led the Minnesota State Building and 
Construction Trades Council, which represents more than 70,000 
union members working in 15 construction trades.

    In that role, she worked to secure funding for key 
infrastructure projects, fair wages, and safe working 
conditions for workers, and a strong Minnesota economy. Jessica 
is a strong advocate for working people, and she is also 
thoughtful, innovative, and fair in working with a variety of 
stakeholders.

    I know this because Jessica and I were able to serve 
together in State Government for nearly 7 years. We began 
working together when I was Minnesota Governor Mark Dayton's 
Chief of Staff. She began as an Assistant Commissioner in the 
Minnesota Department of Labor and Industry and impressed us 
all.

    She then was promoted to Deputy Commissioner before being 
named Commissioner of the Minnesota Department of Commerce, 
which oversees energy, insurance, and financial services in 
Minnesota.

    There she led a number of successful initiatives to help 
support domestic energy, grow the state's economy, and support 
workers and business. Jessica received her bachelor's degree 
from the George Washington--from George Washington University.

    Her law degree from the University of Minnesota. She is a 
24 year member of LIUNA. As I said at the beginning of this 
hearing, Jessica is an excellent pick to lead the Wage and Hour 
Division, and I can't think of a better nominee.

    Our next witness is Ms. Karla Gilbride. Ms. Gilbride is an 
attorney and leader focusing on defending the rights of 
workers. I know you are also joined by your family today, and 
it is wonderful to have you all with us.

    Ms. Gilbride is currently the Co-Director of the Access to 
Justice Project at Public Justice, a nonprofit legal advocacy 
organization. There she has successfully argued in front of 
multiple U.S. courts of appeals on the topic of arbitration and 
recently won a unanimous Supreme Court decision in Morgan v. 
Sundance, which held that courts cannot favor arbitration 
agreements over other types of contracts.

    She has a record of fighting for meatpacking workers, 
people with disabilities, warehouse workers. Prior to joining 
Public Justice, Ms. Gilbride served as an Associate at Mehri & 
Skalet PLLC, where she worked on wage and hour, employment 
discrimination, consumer class action, and Fair Housing Act 
cases. Before that, she spent several years at Disability 
Rights Advocates, representing disabled consumers and 
discrimination class actions.

    Ms. Gilbride is from New York, and both her parents and 
grandparents were lifelong New Yorkers. She went to public 
school in Long Island, and her father was a state employee. Ms. 
Gilbride received her bachelor's degree from Swarthmore College 
and her law degree from Georgetown, where she served on the 
Georgetown Journal of Poverty, Law and Policy, and graduated 
with honors.

    Following her graduation from law school, she clerked for 
Judge Ronald Gould of the U.S. Court of Appeals for the Ninth 
Circuit. I am confident that her skills and experiences make 
her well-prepared to serve as the General Counsel of the EEOC, 
and I look forward to supporting her nomination as well. Thank 
you very much.

    We will begin with Ms. Looman, with your testimony.

STATEMENT OF JESSICA LOOMAN, TO BE ADMINISTRATOR, WAGE AND HOUR 
                 DIVISION, DEPARTMENT OF LABOR

    Ms. Looman. Thank you so much, Madam Chair. Thank you, 
Ranking Member Braun and the Members of the Committee that are 
here today. I appreciate very much the opportunity to appear, 
and I particularly want to thank Chair Smith for the very, very 
kind introduction.

    I also want to thank my husband Jason and my sons, Jack and 
Joshua, who are here with me today for their ongoing 
encouragement and support. I am honored and grateful for 
President Biden, Vice President Harris, and Secretary Walsh's 
faith in me. I appreciate your consideration for my nomination 
to serve as the Administrator of the Wage and Hour Division of 
the U.S. Department of Labor.

    As Senator Smith shared, my family and I are from Saint 
Paul, Minnesota, and since January 21, I have served as the 
Deputy Administrator for the Wage and Hour Division here in 
Washington. I am proud that every day I get to wake up and help 
148 million workers across our Country and 10 million 
employers. I, like many of you, were inspired to public service 
by my parents.

    My mother, who passed away in 1999, was active in our 
community. She worked for the Red Cross and the Cystic Fibrosis 
Foundation, and she was passionate about making sure that 
everyone, and especially women, were able to vote. My dad, who 
was a locomotive engineer and a union steward when I was 
little, also served in the Ohio State Government.

    My dad especially taught me that hard work and workers are 
the foundation of our society, our economy, and our community, 
and he is pretty proud of me right now. Last year I came to the 
Wage and Hour Division after 2 years as the executive director 
of the Minnesota State Building and Construction Trades 
Council, which represents over 70,000 union construction 
workers in that state.

    In that role, I partnered with employers and advocates for 
more construction investment, I worked to expand construction 
career pathways, and increase the number of women and people of 
color in the Minnesota construction industry.

    In 2017, I was appointed by the Governor of Dayton as the 
Commissioner of the Minnesota Department of Commerce, where I 
worked at the energy, finance, and insurance industries to 
expand investments in domestic energy production, focus on 
consumer protections, and address insurance fraud.

    As Deputy Commissioner of the Minnesota Department of Labor 
and Industry, I oversaw the operations of the agency as well as 
the labor standards, construction codes, and apprenticeship 
programs. I was proud to oversee some of the most impactful 
efforts to streamline licensing and increase opportunities to 
expand registered apprenticeship into health care, agriculture, 
and IT industries.

    Throughout my work with the Minnesota building trades and 
my time with the Minnesota Department of Commerce and Labor, I 
have worked on issues of critical importance to businesses and 
workers.

    In each of these roles, I made sure to listen and learn 
from business, worker, Government, and other leaders, and I 
have consistently found that listening to all points of view 
has made me a better leader too.

    My parents, mentors, and colleagues have all inspired me to 
work hard, to collaborate, build consensus, and develop 
opportunities, and create economic security for working people 
across our Country, and I have worked with employers to do it.

    Nowhere is this better illustrated than the construction 
industry where I have spent over half of my career. Because 
building trades workers only work when they are construction 
contractor employers have projects, it is critical that labor 
and management partner together to advocate for infrastructure 
investment, to ensure the safety of construction workers, and 
to expand diversity and inclusion in the industry.

    I bring those lessons to my state and now my Federal 
Government work. As Commissioner of the Minnesota Department of 
Commerce, I prioritize providing certainty for the financial, 
energy, and insurance industries, and at Labor and Industry, I 
provided construction, manufacturing, and health care 
industries, helping them to work to meet their workforce needs 
and their labor standards responsibilities.

    I recognize that helping employers understand the law is a 
key part of helping businesses, consumers, and employee, and 
working families thrive in our economy, and that most employers 
want to understand and to comply with the law.

    To support responsible employers and all working people, we 
must focus on protecting the most vulnerable among us, because 
it hurts both workers and employers when workers become victims 
of wage theft, retaliation, and exploitation.

    In America today, we are seeing workers who are not getting 
paid the minimum wage and the overtime they have earned, and 
children working in dangerous occupations. And we know that 
workers are still fired, threatened, and worse because they 
asked to be paid for their work.

    If confirmed, I am committed to helping to prevent wage and 
hour violations from happening through outreach, education, and 
compliance, and to ensuring that violations that do occur are 
remedied and workers are made whole. It would be a privilege to 
serve. Thank you.

    [The prepared statement of Ms. Looman follows:]
                  prepared statement of jessica looman
    Thank you, Chair Murray, Ranking Member Burr, and Members of the 
Committee for the opportunity to appear before you today and thank you 
to Senator Smith for that kind introduction. I also want to thank my 
husband Jason and my sons Jack and Joshua, who are with me here today, 
for their encouragement and support.

    I'm honored and grateful for President Biden, Vice President 
Harris, and Secretary Walsh's faith in me, and I appreciate your 
consideration of my nomination to serve as Administrator of the Wage 
and Hour Division of the U.S. Department of Labor.

    As Senator Smith shared, my family and I are from St. Paul, 
Minnesota and since January 2021, I have served as the Deputy 
Administrator for the Wage and Hour Division here in Washington.

    I am proud that every day, I get to wake up and do my best to help 
148 million workers and 10 million employers across this country.

    I, like many of you, was inspired by my parents to go into public 
service. My mother, who passed away in 1999, was active in our 
community. She worked for the Red Cross and the Cystic Fibrosis 
Foundation, and she was passionate about making sure that everyone, and 
especially women, voted. My dad, who was a locomotive engineer and 
union steward when I was little, also served in Ohio state government. 
My dad especially taught me that hard work and workers are the 
foundation of our society, our economy, and our community. He's pretty 
proud of me right now.

    Last year, I came to the Wage and Hour Division after 2 years as 
the Executive Director of the Minnesota State Building and Construction 
Trades Council, which represents over 70,000 union construction 
workers. In that role, I partnered with employers to advocate for more 
construction investment. I worked to expand construction career 
pathways and increase the numbers of women and people of color in the 
Minnesota construction industry.

    In 2017, I was appointed as the Commissioner of the Minnesota 
Commerce Department where I worked with the energy, finance, and 
insurance industries to expand investments in domestic energy 
production, focus on consumer protections, and address insurance fraud.

    As the Deputy Commissioner at the Minnesota Department of Labor and 
Industry, I oversaw the operations of the agency as well as labor 
standards, construction codes, and apprenticeship programs. I was proud 
to oversee some of the most impactful efforts to streamline licensing 
processing and increase opportunities to expand registered 
apprenticeships to healthcare, agriculture, and IT.

    Throughout my work with Minnesota Building Trades and my time with 
the Minnesota Departments of Commerce and Labor, I worked on issues of 
critical importance to businesses and workers. In each of these roles, 
I made sure to listen to and learn from businesses, workers, and 
government. I have consistently found that listening to all points of 
view has made me a better leader too.

    My parents, mentors, and colleagues have all inspired me to work 
hard to collaborate, build consensus, and develop opportunities and 
create economic security for working people across our country. And I 
have worked with employers to do just that. Nowhere is this better 
illustrated than in the construction industry where I have worked in 
different capacities for over half of my career. Because building 
trades workers work when their construction contractor employers have 
projects, it is critical that labor and management partner together to 
advocate for infrastructure investment, to ensure the safety of 
construction workers, and to expand diversity and inclusion in the 
industry.

    I bring those same lessons to my work in state, and now, Federal 
Government. As Commissioner of the Minnesota Department of Commerce, I 
prioritized providing regulatory certainty for the financial, energy, 
and insurance industries. At the Minnesota Department of Labor, I 
worked closely with the construction, manufacturing, and healthcare 
industries to help them meet their workforce needs and their labor 
standards responsibilities. I recognize that helping employers 
understand the law is a key part of helping businesses, consumers, and 
working families thrive in our economy.

    I know that most employers want to understand and comply with the 
law. And to support responsible employers and all working people, we 
must focus on protecting the most vulnerable among us--because it hurts 
both workers and responsible employers when workers become victims of 
wage theft, retaliation, or exploitation. In America, today, we are 
seeing workers who are not getting paid the minimum wages and overtime 
they have earned and children working in dangerous occupations. And we 
know that workers are still fired, threatened, or worse because they 
ask to be paid for their work. I am committed to helping to prevent 
violations from happening through outreach, education, and compliance 
assistance, and to ensuring that violations that do occur are remedied 
and workers are made whole.

    It is an honor to be nominated to be the Administrator of the Wage 
and Hour Division of the US Department of Labor. And it would be a 
privilege to serve in this role if I am confirmed. Thank you again for 
the opportunity to appear before you today, and I look forward to your 
questions.
                                 ______
                                 
    Senator Smith. Thank you, Ms. Looman.

    We will now hear from Ms. Gilbride for 5 minutes. Thank 
you.

   STATEMENT OF KARLA GILBRIDE TO BE GENERAL COUNSEL, EQUAL 
               EMPLOYMENT OPPORTUNITY COMMISSION

    Ms. Gilbride. Thank you, Chair Smith, Ranking Member Braun, 
and Members of the Committee. I am honored to be here today 
under consideration to serve as General Counsel of the U.S. 
Equal Employment Opportunity Commission.

    I am deeply grateful to President Biden and Vice President 
Harris for nominating me for this role. I am even more grateful 
to the people in my life who helped me get to the place where 
that nomination was possible.

    The first of those people can't be with us physically 
today, but I know he is here in spirit, and that is my father, 
James Gilbride. My dad taught me by example about the nobility 
of service, starting with his service to this country in the 
military, followed by a career in law enforcement.

    He taught me, through his quiet, steadfast presence that 
showing up, working hard, and treating others with respect are 
virtues worth emulating. My mother, Janet, is here today. From 
her, I learned from an early age about leadership and about 
taking the initiative to address unmet needs.

    I was born with an eye condition that caused me to be 
totally blind. My mom looked around for support groups for 
parents of blind children in Long Island, New York, where we 
lived, and upon finding that there weren't any such groups, she 
started one. She also took on leadership roles within our 
church and school district, and many evenings during my 
childhood she presided over meetings at our kitchen table.

    Like many parents, she was a fierce advocate for her child, 
making sure that I had the same educational opportunities that 
my sighted peers did, but she broadened those efforts beyond 
her own family to advocate for other students with disabilities 
as well.

    Also with me today is my husband, Mark Faulkner, one of the 
smartest and most generous people I have ever known. Mark is 
not a lawyer, and while I am most comfortable in a world of 
words, he is happiest when working with his hands or with data 
and electronics.

    Our differences and the joy he takes in doing things I am 
not good at and don't enjoy remind me every day how important 
different skills and perspectives are. Our differences make our 
partnership work, and my life is richer in countless ways 
because he is part of it. I am grateful beyond words for his 
support over the years, and I am grateful that he is here 
today. Other people also set me on the path that made this 
nomination possible.

    Teachers who instilled a lifelong love of learning and 
propelled me to excel as a first generation college student and 
then go on to law school. Role models in the disability rights 
and women's rights movement who dared greatly and gave me the 
courage to dare more while standing on their shoulders. And my 
current and former employers who mentored and supported me as I 
gained skills and confidence as a lawyer.

    Throughout my legal career, I have always sought to open 
pathways of opportunity to those with less money and fewer 
societal advantages. I have represented restaurant workers, 
truck drivers, people who endured dangerous conditions in 
meatpacking plants, and people who use wheelchairs and just 
want the same transportation options as everyone else.

    Along the way, I have learned a great deal about 
litigation, but also about how to effectively communicate and 
find common ground. I have learned that by listening closely to 
everyone I interact with, I will learn, I will grow, and I will 
form relationships that matter. I can't think of another 
Government agency where using the legal experience and 
interpersonal skills I have acquired over the years would mean 
more to me than the EEOC.

    That is because the laws that the EEOC enforces represent 
some of this country's greatest ideals, that everyone should 
have opportunities to reach their full potential in the 
workplace, free from barriers caused by bias, harassment, or a 
failure to accommodate their religion, their pregnancy, or 
their disability.

    If I am so fortunate as to be confirmed to serve as General 
Counsel at this agency, I will work with the Commissioners, the 
regional attorneys and agency employees, employers and their 
representatives, and those who file charges of discrimination 
with the agency to bring those ideals closer to reality.

    I recognize that the position I have been asked to fill 
entails challenge and complexity. I welcome the challenge 
because I believe in the EEOC's mission with every fiber of my 
being, and I welcome the complexity because I know there are 
many valuable and diverse perspectives with a lot to teach, and 
I am eager to learn. Thank you again to the Committee for your 
time and consideration today, and I welcome your questions.

    [The prepared statement of Ms. Gilbride follows:]
                  prepared statement of karla gilbride
    Chair Murray, Ranking Member Burr, and Members of the Committee, 
I'm honored to be here today under consideration to serve as general 
counsel of the U.S. Equal Employment Opportunity Commission (EEOC). I'm 
deeply grateful to President Biden for nominating me for this role, and 
I'm even more grateful to the people in my life who helped me get to 
the place where that nomination was possible.

    The first of those people can't be with us physically today but I 
know he's here in spirit, and that's my father, James Gilbride. My dad 
taught me by example about the nobility of service, starting with his 
service to this country in the military followed by a career in law 
enforcement. And he taught me through his quiet, steadfast presence 
that showing up, working hard, and treating others with respect are 
virtues worth emulating.

    My mother, Janet, is here today. From her I learned at an early age 
about leadership and about taking the initiative to address unmet 
needs. I was born with an eye condition that caused me to be totally 
blind. My mom looked around for support groups for parents of blind 
children in Long Island, New York, where we lived, and upon finding 
that there weren't any such groups, she started one. She also took on 
leadership roles within our church and school district, and many 
evenings during my childhood she presided over meetings at our kitchen 
table. Like many parents, she was a fierce advocate for her child, 
making sure that I had the same educational opportunities that my 
sighted peers did, but she broadened those efforts beyond her own 
family to advocate for other students with disabilities as well.

    Also, with me today is my husband, Mark Faulkner, one of the 
smartest and most generous people I've ever known. Mark is not a 
lawyer. While I'm most comfortable in a world of words, he's happiest 
when working with his hands or with data and electronics. Our 
differences, and the joy he takes in doing things I'm not good at and 
don't enjoy, remind me every day how important different skills and 
perspectives are. Our differences make our partnership work, and my 
life is richer in countless ways because he is part of it. I am 
grateful beyond words for his support over the years, and I am grateful 
that he is here today.

    Other people also set me on the path that made this nomination 
possible: teachers who instilled a life-long love of learning and 
propelled me to excel as a first-generation college student and then go 
on to law school; role models in the disability rights and women's 
rights movements who dared greatly and gave me the courage to dare more 
while standing on their shoulders; and my current and former employers, 
who mentored and supported me as I gained skills and confidence as a 
lawyer.

    Throughout my legal career, I have always sought to open pathways 
of opportunity to those with less money and fewer societal advantages. 
I have represented restaurant workers, truck drivers, people who 
endured dangerous conditions in meatpacking plants, and people who use 
wheelchairs and just want the same transportation options as everyone 
else.

    Along the way I have learned a great deal about litigation, but 
also about how to effectively communicate and find common ground. I've 
learned that by listening closely to everyone I interact with, I will 
learn, I will grow, and I will form relationships that matter. And I 
can't think of another government agency where using the legal 
experience and interpersonal skills I've acquired over the years would 
mean more to me than the EEOC.

    The laws the EEOC enforces represent some of this country's 
greatest ideals, that everyone should have opportunities in the 
workplace free from barriers caused by bias, harassment, or a failure 
to accommodate their religion or their disability. If I am so fortunate 
as to be confirmed to serve as general counsel at this agency, I will 
work with the commissioners, the regional attorneys and agency 
employees, employers and their representatives, and those who file 
charges of discrimination with the agency, to bring those ideals closer 
to reality. I recognize that the position I have been asked to fill 
entails challenge and complexity. I welcome the challenge because I 
believe in the EEOC's mission with every fiber of my being, and I 
welcome the complexity because I know there are many valuable and 
diverse perspectives with a lot to teach, and I am eager to learn.

    Thank you again to Chair Murray, Ranking Member Burr, and Members 
of the Committee for the opportunity to appear before you today. I 
welcome your questions.
                                 ______
                                 
    Senator Smith. Thank you very much to both of our nominees. 
And we will now begin a round of questions from Members of 
approximately 5 minutes each.

    I will begin with a question to Ms. Looman.

    Ms. Looman, you have a strong background in labor. I am 
very proud of that background for a good reason. In your time 
working in Minnesota and now in Washington, I know you have 
also made it a priority to listen to both sides of an issue and 
to build relationships and open dialog with both workers and 
employers.

    Could you talk a little bit more about that value that you 
have? Why do you think it is so important to listen to everyone 
when you are making policy? And could you expound a bit on how 
you have worked with a wide variety of stakeholders, including 
businesses and employers, in addition to representatives from 
Labor?

    Ms. Looman. Thank you, Madam Chair. I appreciate the 
question. I absolutely agree and recognize that in order to 
have an effective labor standards program for this country, 
that we need to recognize that we are both protecting working 
people and we are helping serve the employers who provide them 
jobs every single day.

    The way we do that and the way I think about that work--I 
mean, I have always thought about that work, whether it is in 
Minnesota State Government or when it is working advocating for 
union construction workers or now at the Wage and Hour 
Division.

    The way I always think about that work is first and 
foremost, our goal is to prevent wage and hour violations from 
ever occurring in the first place. When we work together, when 
employers understand their responsibilities, when workers 
understand their rights, then we would through outreach, 
education, compliance, we can make sure that those violations 
never occur.

    That is just one of the most critical issues, is that 
success for the Wage and Hour Division and frankly success for 
our economy is that workers are paid correctly every time on 
payday.

    Through prevention, we can really work together to make 
sure that employers and workers and unions are coming to the 
table, having a conversation, and understanding what the 
obligations are and how to achieve those as quickly, as 
efficiently, and as productively as possible.

    Senator Smith. Thank you very much. I want to hone in a 
little bit on the issue of wage theft, which is something that 
I am greatly concerned about. I think it is really surprising 
for people to understand that wage theft is so pervasive that 
according to one estimate, it accounts for nearly three times 
as much lost money as robberies.

    Wage theft, of course, can take many forms, whether it is 
making employees work off the clock, denying overtime pay, 
stealing tips, knowingly misclassifying your workers. I think 
we would both agree that many employers treat their workers 
fairly and do the right thing, want to do the right thing when 
it comes to compensating their employees.

    Yet we also know that there are examples of employees being 
taken advantage of. So, Ms. Looman, if confirmed, what will you 
do to combat this issue of wage theft? And can you give us an 
example or two of why this is so important?

    Ms. Looman. Thank you, Senator. Absolutely. Wage theft is 
one of the most critical issues, and it is foundational under 
the Fair Labor Standards Act that workers get paid the minimum 
wage and the overtime, a minimum wage for every hour that they 
work, overtime when they work over 40.

    Since I have been with the Wage and Hour Division, we have 
collected over $343 million in back wages for 279,000 workers. 
Again, that is--those are folks who didn't get paid correctly 
on payday. I think the reason that this is so prevalent and 
such a critical issue is because it is not just about impacting 
industries and sectors, this is also the impact on individual 
workers lives.

    I was in Columbus, Ohio, a few weeks ago and was talking 
with an investigator at the Wage and Hour Division, and he was 
telling me about the impact that he was able to make on one 
worker's life when he was able to return $200 that she should 
have gotten on her paycheck, was able to return $200. And he 
asked her what she was going to do with that money.

    She said, I am going to call my grandchildren. I usually 
see my grandchildren on the weekends, but I haven't been able 
to buy them food for the last 3 weeks and I haven't been able 
to see them, and the first thing I am going to do is call them 
and invite them to my house, and then I am going to go to the 
grocery store. That makes the difference.

    That $200 makes the difference to that worker and that 
family, and that is what we have to prevent. We have to prevent 
wage theft to that worker.

    Senator Smith. Thank you very much. Thank you. Ms. 
Gilbride, I so enjoyed the opportunity to meet with you and our 
discussion last week and appreciated hearing your--about your 
experience and your personal interest in this role.

    I want to just give you an opportunity to expand on that 
briefly. And could you just talk to us about what you connect 
to in the mission of the EEOC, and what you think will be so 
important as you approach this important role.

    Ms. Gilbride. Absolutely, and thank you for the question. 
The mission of inclusion and of allowing workers to be judged 
on their merits and not on aspects of their identity, like 
their race, their sex, their religion, or their disability is 
something that I have practiced and focused on throughout my 
career as a civil rights lawyer representing workers, but it is 
also something that I feel very personally as a woman, as a 
person with a visible disability.

    You know, I have been fortunate to have had wonderful 
employment opportunities throughout my career, but I have also 
applied for jobs that I didn't get. I have had interviews where 
I did feel that my disability was perhaps an elephant in the 
room. I have talked to many friends, many people that I know 
well in the disability community who have similar experiences.

    Or I have friends who are attorneys of color and who have 
had potential clients say to their face, I would be more 
comfortable working with a white lawyer than with you. And 
those experiences of being treated as less than, of not being 
trusted, of not being given opportunities because of immutable 
characteristics of race, of sex, of disability is something I 
feel very strongly about, something that is very personal to 
me.

    I would do my best to bring my experiences and my legal 
skills to bear to make sure that the ideals and the mission of 
equality of opportunity that led Congress to pass the anti-
discrimination statutes that the EEOC is now charged with 
enforcing, that mission is something that is very personal to 
me, and I would make sure that Congress has laws as interpreted 
by the Supreme Court are enforced by the Commission, if I am so 
fortunate as to be confirmed as General Counsel.

    Senator Smith. Thank you very much.

    Senator Braun.

    Senator Braun. Ms. Looman--I have got three questions for 
each witness and kind of pace the answers accordingly. I have 
got a little--five minutes or just a hair over. The Pro Act, 
which passed the House, does not look like it is going to make 
it through the Senate, had a couple really significant items 
within it.

    It would be expanding the joint employer standard and 
further fleshing out the definition of independent contractor, 
including the ABC test, which I think you are familiar with. My 
question is very simple, do you think the Department of Labor 
has the authority to wade into either one of these discussions, 
or do you think that is the bailiwick of us here in Congress?

    Ms. Looman. Thank you, Senator Braun, and I will try to 
keep my comments short. The Pro Act is very much supported by 
President Biden in terms of how Congress can help move forward 
with thinking about worker protections and worker organizing in 
this country, which is empowering workers.

    From the perspective of the Wage and Hour Division of the 
Department of Labor, we continue to look at implementing and 
enforcing the Fair Labor Standards Act as passed by Congress, 
and that means that we do look at issues related to the 
employer, employee relationship as it impacts whether workers 
are earning minimum wages and overtime under the law.

    Senator Braun. Does that mean you would be for looking at 
particularly doing something to change the ABC test or 
expanding the joint employer standard guidelines? Is that 
something that is actually--something Congress should do, or 
can you do it administratively?

    Ms. Looman. Thank you, Senator Braun. Related to the ABC 
test specifically, the Wage and Hour Division in the Department 
of Labor do not have the authority to adopt by regulation ABC 
test unless there is--it is changed by Congress. We do have the 
responsibility of ensuring that workers are not misclassified 
as independent contractors and that is very much a focus of 
ours in the Wage and Hour Division, and that is determined on a 
case by case basis, not utilizing the ABC test.

    Senator Braun. Sounds like with the former you think it 
does not have the authority. And on the second one, when it 
comes to independent contractors, you would get involved in 
maybe the more routine part of what you would come across as 
opposed to charting new territory.

    Second question, the gig economy, which is something 
relatively new. Tell me what you think about it. And of course, 
that is in that tricky category of independent contractor, one 
person business, and the fact that it has exploded in terms of 
options, again, for people to earn a living.

    To me, the same thing is getting a paycheck from an 
employer. Plus, again, all the risk of running your own 
business. Tell me what you think about it and how would you 
navigate accordingly.

    Ms. Looman. Thank you, Senator Braun. The way that 
individuals are employed is, again, a case by case 
determination that we make in the Wage and Hour Division when 
we are looking at whether or not there been violations of the 
Fair Labor Standards Act. And we particularly recognize and 
understand that legitimate independent businesses have an 
incredibly important role in our economy.

    At the same time, we want to make sure that workers that 
should be getting the basic protections of minimum wage and 
overtime are getting those protections. And so we apply the law 
based on the cases and the facts that we have and determine 
whether or not any individual worker should be getting those 
protections under the law.

    Senator Braun. One final question, the Department of Labor 
is considering the threshold for overtime exemptions. Mentioned 
it earlier in my opening statement. Some have called for a 
level up to or slightly above $80,000. What is your opinion on 
where that should be?

    Ms. Looman. Thank you, Senator. We--overtime is one of the 
foundational and most important issues that we look at in the 
Wage and Hour Division. And as you know, the exception from the 
Wage and Hour protections for workers who are characterized as 
executive, administrative, or professional employees, there is 
a salary----

    Senator Braun. What about the level? I know all of that. 
What is your opinion on where that level should be? Because 
that is the thing that everybody is worried about, not the 
concept of it.

    Ms. Looman. Absolutely. And that level does matter because, 
again, it is when you make----

    Senator Braun. Do you have an opinion on where that level 
should be?

    Ms. Looman. We have been listening to industry, we have 
done over 27 listening sessions with over 2,000 participants, 
really to get to that issue of what is the appropriate level 
for workers who are going to be excluded from----

    Senator Braun. It sounds like you are still working through 
that. So to me, I think most--like I said earlier, if it would 
get into that higher altitude area, it would be disruption both 
for employees and employers.

    Ms. Gilbride, in a recent Wall Street Journal op-ed, 
Commissioners Dhillon and Sonderling expressed concern that the 
Commission was being undermined by a power grab from the staff, 
which is refusing to formally close proposed lawsuits that the 
majority of the Commission has voted down.

    Do you agree that only the Commission by majority vote can 
authorize litigation, and the General Council and staff should 
defer to the Commission's decision?

    Ms. Gilbride. Thank you for the question, Senator Braun. I 
understand that the delegation of litigation authority from the 
Commissioners to the General Counsel is something that has 
evolved over time at the agency.

    If I am so fortunate as to be confirmed, I would want to 
speak with all of the stakeholders, including Commissioners 
Dhillon and Sonderling, as well as the career staff at the 
agency, who have a lot more understanding of how the delegation 
authority has played out over time.

    Based on those perspectives, I would gain a more informed 
opinion than I do now as an outsider, which is only what I read 
in the news media.

    Senator Braun. Final quick question related to that, do you 
think it is appropriate for the General Counsel to take a 
litigation position that does not reflect the majority view of 
the Commission?

    Ms. Gilbride. Well, if I have the opportunity to serve as 
General Counsel, I would certainly work closely with the 
Commissioners and attempt to gain consensus. Again, I would 
follow what the current delegation of authority is with respect 
to seeking Commission approval for engaging in new litigation.

    But aside from whatever the formal policy of delegation is, 
I think it is simply a good practice to work closely with all 
affected stakeholders, and I would want to understand what the 
Commissioners' views were, if we had a difference of opinion to 
try to work through that through productive dialog to hopefully 
reach consensus.

    Senator Braun. Thank you so much.

    Senator Smith. Thank you.

    Senator Murphy.

    Senator Murphy. Thank you very much, Madam Chair. Thank you 
to both of you for your willingness to serve. I had just one 
topic that I wanted to raise with you, Ms. Looman, and that is 
the issue of noncompete agreements.

    There is a growing body of literature, frankly, both on the 
right and the left that shows, one, the massive explosion of 
non-compete agreements, both for high income workers, where we 
tend to think non-compete agreements exist, but also low income 
workers.

    Today, it is estimated that somewhere between 20, maybe as 
high as 30 or 40 percent of American workers have these non-
compete agreements, the vast majority of them are not 
negotiated. And in fact, maybe as high as 30 to 40 percent of 
these non-compete agreements are signed after the employee 
starts the job when they have very little leverage to refuse 
it.

    In Connecticut, we are hearing about these non-compete 
agreements being used for very low income home care workers. Of 
course, there is the famous instance of Jimmy John's Sandwich 
Shop requiring its workers to sign non-compete agreements and 
then denying them the ability to go work for another franchise 
of Jimmy John's because it was owned by a different ownership 
group.

    These non-compete agreements, they depress wages, they 
hinder entrepreneurship. And we have a good bipartisan 
consensus growing in the Senate to restrict their usage. 
Senator Young, Senator Cramer, Senator Kaine, and myself have 
introduced legislation that would make them broadly 
impermissible with certain commonsense exceptions.

    I know Senator Rubio and Senator Hassan have introduced 
more targeted legislation to restrict their uses for lower 
income workers. President has put out an Executive Order from 
starting to enter this--put the Administration more firmly on 
the side of workers.

    What can the Wage and Hour Division do? What role can the 
Division play in reducing the proliferation of these harmful 
agreements? What is the sort of boundaries of what the law 
allows you to do today? What additional authority might you 
need from Congress?

    Ms. Looman. Thank you, Senator. We, too, are concerned 
about, and again, in my role as the Deputy Administrator but 
also in my previous roles, we are concerned about issues that 
would impact workers in terms of either the wages that they 
earn today or also from any chilling effect about them stepping 
forward and coming and suffering--fear of suffering from 
retaliation because they have exercised their rights under the 
Fair Labor Standards Act.

    We see some arrangement that could really result in that 
chilling effect, and that could include these non-compete 
agreements. These could include other issues that are 
particularly concerning in terms of, again, empowering workers 
to make sure that they are getting the rights that they are 
entitled to under the law.

    From the Wage and Hour perspective, we very much look in 
our--in the course of our investigations to make sure that 
workers are getting all of the law--all the protections that 
they should be getting under the Fair Labor Standards Act, but 
we also work very closely with employers to help identify and 
address areas that could be considered retaliation and prevent 
those from happening in the first place.

    In some ways, a non-compete agreement really could have 
that chilling effect and we are concerned about that for 
working people.

    Senator Murphy. And often these non-compete agreements are 
unenforceable. Many of them are limited in scope, but they 
often allow the employer to make certain threats to employees 
that may not be based in law, because many states, frankly, 
limit the usage of these non-compete agreements, that end up 
binding the employee to their workplace, even though their 
agreement actually does not limit their ability to go seek 
other employment.

    I guess my only other question is a simple one, and I do 
hope that we are going to be able to have some success in 
moving this bipartisan legislation through. If you look at the 
map of states that restrict them, it has nothing to do with 
which party controls the state legislature or the Governor's 
office.

    Again, this is a pretty nonpartisan issue. Just ask for 
your commitment to work with those of us who are trying to 
develop legislation to empower the Administration to crack down 
on unjustifiable non-compete agreements.

    Would you commit to working with those of us on both sides 
of the aisle that are trying to address this issue?

    Ms. Looman. Thank you, Senator. Absolutely. If confirmed, I 
am happy to continue to work on this issue with you.

    Senator Murphy. Great. Thank you, Madam Chair.

    Senator Smith. Thank you very much.

    Senator Tuberville.

    Senator Tuberville. Thank you, Madam Chair. The 
congratulations to both of you and Godspeed to doing this job 
at this time with inflation, and it just announced that incomes 
aren't going up very much and the American people are 
suffering. But Ms. Looman, businesses across my State of 
Alabama and the Nation have been hammered by COVID, and we have 
got a lot of rippling effects.

    It stands to reason the Department of Labor should 
recognize the lingering economic consequences that COVID has 
had on everybody across the country, the negative impact. Many 
industries are currently facing historic global supply chain 
disruptions, rising material prices, massive workforce 
shortages.

    For example, the construction industry is--this year will 
be 650,000 people short, and that is devastating to our 
Country. You know, a sweeping change to overtime pay 
regulations will further complicate and worsen this current 
situation.

    Do you think that now is the time for further regulations 
in this area, just as businesses are trying to get back off 
their feet? What are your thoughts on that?

    Ms. Looman. Thank you, Senator. And absolutely agree that 
we are continuing to come out of the challenges that we all 
faced under the pandemic. And we do take into account how we 
think about the work that we are doing, the outreach education, 
compliance work that we are doing every day in the Wage and 
Hour Division in light of all of those issues, particularly 
focused on essential workers and the workers who really kept 
our economy going through the pandemic.

    The overtime issue, as I mentioned earlier, is incredibly 
important and it is one of the most foundational protections 
that we have in this country to ensure that both workers are 
making the wages that they are entitled to under the law, and 
also that employers, the responsible employers, are able to 
compete in the marketplace.

    When we look at whether or not we want to change any of the 
overtime regulations, which is something that is our 
responsibility to continue to evaluate, we look at where we are 
right now in terms of what the threshold is for an exclusion, 
to exclude people from the protection of the Fair Labor 
Standards Act and whether that is the right threshold.

    As I said, we have been engaging with stakeholders, we have 
been looking at this issue. We continue to determine whether or 
not it is the right time to make a change as anticipated by the 
current regulations.

    As you know, the current regulations do set that threshold 
at about $35,500 a year. And then the anticipated in the most 
current regulations is this concept that we would need to 
continue to evaluate whether that is the appropriate threshold 
on an ongoing basis. So that is the work that we are doing now 
at the Department of Labor, is doing that evaluation.

    Senator Tuberville. Thank you. Ms. Gilbride you are being 
nominated for a 4-year term as an EEOC General Counsel, a very 
important job. As I am sure you are aware, your predecessor was 
fired by President Biden last March, years before her term 
expired. Now, this shouldn't be a political job.

    This should be a job where people get experience and work 
through it. You know the problems, you know the answers. And 
the more and longer you are in this, the better you are at it, 
and that you are able to help the American people. What are 
your thoughts about if any president, any president cut short 
your term, would you resign?

    Ms. Gilbride. Thank you for that question, Senator. I would 
hope that in the time that I would have spent as General 
Counsel before any change in Administration, that I would have 
gained the respect of my peers and that I would have a track 
record of success and good work done in the job that would 
cause the new president to want to keep me on in that position, 
to gain further experience and to continue my work.

    If that were not the case, and if a new president came into 
office and asked me to leave, I would then evaluate whether I 
thought I could continue on effectively. If I didn't feel I 
could effectively serve the agency and its mission, then I 
would step down and resign.

    Senator Tuberville. Very good answer. I hope you would 
tell, I don't care whether Republican or Democrat President, to 
pound sand, that this is your job, that you were nominated and 
confirmed. You know, I am a believer in experience, coming from 
the field that I came from. So, very good answer. Thank you, 
again, both for doing what you are doing. It is a sacrifice, 
and I hope you are very successful. Thank you. Thank you, Madam 
Chair.

    Senator Smith. Thank you, Senator Tuberville.

    Senator Casey.

    Senator Casey. Thank you, Senator Smith. And thanks for 
sharing this hearing, this important hearing. I want to thank 
both of our nominees for their enduring commitment to public 
service. And in particular, Ms. Looman, I want to commend your 
work lifting up the voices of workers and the work you did on 
behalf of members of the building trades. Ms. Gilbride, for 
your work at public justice and advocating on behalf of 
workers' rights. I will start with Ms. Looman.

    I wanted to thank you for the time we spent discussing the 
work that you do. I recently, as you know, sent a letter to 
Secretary Walsh urging the Department to take action on the 
spread of invasive and exploitative technologies in workplaces 
across the Nation. The implementation of novel technologies to 
track, monitor, manage, and discipline workers is growing due 
to an imbalance of power in the workplace and a lack of legal 
protections or regulatory restrictions on these practices.

    The reports that employers are using worker productivity 
technologies to commit wage theft with little transparency or 
recourse for workers to understand how these decisions are 
being made. I believe the Department of Labor must stay at the 
forefront of these issues on behalf of workers, and to monitor 
and regulate workplace privacy and technology issues before 
they become the norm.

    Here is my question, as the Administrator of the Wage and 
Hour Division, how will you consider or weigh the impact of 
emerging workplace technologies on workers' rights and worker 
protections?

    Ms. Looman. Thank you, Senator. And if I am privileged to 
be confirmed in this role as the Administrator, it will 
continue to be a priority for me to think about how, what 
tools, what instances, what ways workers may be deprived of 
their protections under the Fair Labor Standards Act.

    That, again, is a way that we can work with employers to 
help identify what those instances might be, where those 
violations might be occurring, and prevent them from happening 
in the first place.

    I would be happy to work with you as you continue to think 
about this issue, to work with the Wage and Hour Division, to 
think about how we can ensure worker protections in light of 
some of these concerns that you have raised.

    Senator Casey. Thank you. I will turn next to Ms. Gilbride 
to ask you about sub-minimum wage. As you know, this is a 
continuing practice that has an adverse impact on people with 
disabilities.

    I have worked for years now in the Senate to lead the 
effort to phaseout sub-minimum wage for people with 
disabilities. I have got a bipartisan bill with Senator Daines 
of Montana that would help employers who pay sub-minimum wage 
to shift their employment model to a competitive and integrated 
employment model.

    There are currently about 1,000 employers across the 
country that are permitted by law to pay their employees with 
disabilities below the minimum wage. Some of these employers--
employees are paid as little as $1.00 or $0.50 an hour. The 
average the last time that it was surveyed is about $3.34 an 
hour, which is a terribly low wage.

    Many of these employees with disabilities work side by side 
with employees that don't have a disability and earn at least 
the minimum wage. The Biden administration has established the 
goal of eliminating the use of sub-minimum wage payments to 
people with disabilities. Could you please share your policy 
views on sub-minimum wage employment from the perspective of 
the EEOC?

    Ms. Gilbride. Thank you for that question. This is--well, I 
will preface the rest of my answer by saying that the policy 
position of the EEOC is something that would be set by the 
Commissioners, and I wouldn't want to intrude upon their 
province, but it is something that I personally feel strongly 
about and have experience working on.

    I have litigated a case on behalf of workers with 
disabilities in New Mexico who were paid sub-minimum wage in 
accordance with the program that you are speaking about--under 
14(c) of the Fair Labor Standards Act.

    We brought that case under state law, arguing that they 
were not paid in accordance with the state minimum wage. 
Several states have changed their laws to prohibit subminimum 
wage employment. I am aware of your efforts at the Federal 
level.

    As, you know, I would be--look forward to the opportunity 
as the role of General Counsel would allow, which is primarily 
a litigation role, but I would look forward to working 
collaboratively with the Department of Labor, with the 
Commissioners, with others in the Federal Government, including 
with your office, and looking at the implications that sub-
minimum wage work and the conditions that people who are being 
paid less than the minimum wage impose on people with 
disabilities, and that interface with the equal employment 
opportunity laws, the anti-discrimination laws that EEOC is 
charged with enforcing. I would very much look forward to that 
opportunity.

    Senator Casey. Thanks very much.

    Senator Smith. Thank you, Senator Casey.

    Senator Kaine.

    Senator Kaine. Thank you, Senator Smith. And 
congratulations to the two nominees. Ms. Gilbride, I think I am 
going to spend my time talking with you about disability 
enforcement in the EEOC, particularly with respect to the 
increase in the number of folks who are experiencing disabling 
conditions as a result of COVID. Fiscal Year 2020, disability 
discrimination accounted for the second most cited claim of 
charges in the EEOC, about 36 percent of all charges filed.

    The pandemic has been a very large, mass disabling event 
for millions of people. In January, EEOC updated its COVID-19 
guidelines--I am sorry, technical assistance, adding a new 
section to clarify under what circumstances COVID-19 could be 
considered a disability under the ADA and the Rehab Act.

    The update also gave examples illustrating how an 
individual diagnosed with COVID-19 or a post-COVID condition 
could be considered to have a disability under the laws of the 
EEOC, nondiscrimination provisions, when they might be entitled 
to reasonable accommodations at work. I think this is going to 
be a huge issue for us going forward.

    It is not all--the number of people with COVID related 
conditions is very troubling. It is not all bad news, though, 
because during the pandemic, we learned to do things like 
telework that we weren't doing before that actually may offer 
some opportunities for workers with disabilities and not only 
those suffering from COVID.

    But if you are confirmed, how in your role would you 
prioritize this issue working across agencies to develop 
consistent positions about COVID conditions and long COVID with 
respect to the Nation's disability laws?

    Ms. Gilbride. Thank you for the question, Senator Kaine. I 
agree with you that the COVID-19 pandemic, and particularly the 
persistence of long COVID in a large percentage of the 
population is something that we are still sort of getting our 
minds around and how that is going to change the workplace, how 
it is going to change many facets of our society.

    I also agree with the point that you made about remote work 
and how it has really opened up opportunities for people to 
work in a more flexible way. I applaud some of the increased 
flexibility that we are seeing.

    I think we are still, again, sort of figuring out what long 
term implications that will have for the way that work is 
performed. I think those opportunities are exciting. And what I 
would do if I were confirmed as General Counsel would be to 
consult with stakeholders, both within the EEOC--and that also 
is filtering the facts that are coming in on the ground.

    What sorts of charges are coming in related to disability 
and COVID? What are investigators and those in the field 
offices who are handling those charges, what are they seeing?

    Also to discuss with the Commissioners and others on the 
policy side of the EEOC about sort of trends and the technical 
assistance that has already been issued and any additional 
changes that would need to be made to that as the situation 
continues to evolve.

    I look forward to working--will look forward to working 
across agencies as well to figure out how the Government could, 
in a coordinated way, sort of adjust and adapt to some of those 
changing realities that we are still in the midst of 
experiencing with regard to COVID.

    I look forward to learning more and to working with others 
to craft an appropriate course to respond to that situation.

    Senator Kaine. One of the things that I think is going to 
be challenging--I was a civil rights lawyer before I got into 
elected politics and did Title VII and EEOC cases, and the sort 
of general gravamen of some of our employment laws as we want 
people to be treated equally at work. And yet not every kind of 
work is equal.

    This Committee has grappled with issues, for example, that 
Federal agencies were adopting some uniform policies about 
telework, but that meant that they weren't doing in-person 
inspections of the facilities that were making infant formula.

    One of the things that led to the infant formula challenge 
was the kind of decision to have a lot of those inspectors do 
telework because other people in their agencies were doing 
telework as well. And so for different jobs telework is great.

    There are some jobs where in person is absolutely 
necessary. Is that treating employees differently? I mean, I 
think this is really going to be a thorny little area, but the 
millions of people who are dealing with post-COVID conditions 
deserve to be treated fairly and deserve to have opportunities 
to work under reasonable conditions.

    This is going to take a focus on fairness, but also a 
willingness to individualize and be flexible depending upon 
what the job is. And you have a solid background in this area, 
not an easy one, but I trust that you will be able to acquit 
that responsibility well. Thank you.

    Senator Smith. Thank you, Senator Kaine.

    Senator Rosen.

    Senator Rosen. Well, thank you, Chairwoman Smith. I 
appreciate you. And thank you to the nominees for your 
willingness to serve and being here to answer our questions 
today. And so I want to talk a little bit about the EEOC report 
on women and STEM, because I am pleased that following this 
Committee's EEOC Commissioner nomination hearing in May, the 
Commission heeded my call to increase data transparency on 
incidents of gender bias against women working in STEM fields.

    In July, it released a wide ranging report on women working 
in STEM jobs in the Federal Government, finding that women 
account for only 29 percent of Federal workers in STEM fields, 
and only 25 percent of STEM leadership roles in the Federal 
Government.

    More concerning is that general--generalized harassment was 
a significant issue for women with nearly 2,000 harassment 
complaints filed in Fiscal Year 2019. That is why I am so glad 
that the recently passed Chips and Science Act included 
provisions I supported to address sexual, and sex based 
harassment in science.

    So, Ms. Gilbride, if confirmed as EEOC's general counsel, 
how are you going to prioritize enforcement action to improve 
protections for women working in STEM careers not only in the 
Federal Government, but across the private sector as well?

    Ms. Gilbride. Thank you for that question, and thank you 
for your leadership on this issue, which I agree is very 
important. I am glad that the report has helped to really shine 
a light on some of the specific problems that women in the STEM 
fields are facing in the Federal Government.

    What I would do if confirmed as General Counsel would be to 
consult with the stakeholders at the Commission and with other 
people who had expertise in this area, such as yourself, to 
really understand what some of the pervasive challenges and 
barriers are. Certainly if identified harassment is one, which 
unfortunately is a very persistent and pervasive problem that 
affects women and men in many sectors of the economy, and I 
would make combating harassment in the workplace a priority if 
I were to be confirmed.

    I think there are several tools that can be used to combat 
it, including outreach and education, and working with 
employers about how to change climates and be attentive to the 
climate in the workplace to prevent harassment from occurring 
or stamp it out quickly, if there are reports of harassment.

    I would also look closely at whether particular charges of 
harassment can be consolidated and resolved through informal 
resolution and would also use the tool of litigation when 
necessary to try to send a strong message that harassment is 
not tolerated in the workplace, and that is something that the 
agency takes seriously as part of its charge of ensuring equal 
opportunity.

    I would certainly do that with respect to the STEM fields, 
including other sectors of the economy where harassment is 
unfortunately still very widespread.

    Senator Rosen. Well, that is great because we know there is 
sexual harassment, but there is also hate and violence in the 
workplace. I would like to talk about addressing the anti-hate 
Asian hate and violence in the workplace.

    Ms. Gilbride, I discussed with Ms. Kotegal during her 
confirmation hearing in May that we have seen an unfortunate 
rise in crimes and reports of bias motivated harassment against 
Asian American and Pacific Islander communities over the last 
two or 3 years.

    AAPI owned businesses have been targeted for 
discrimination, including in my State of Nevada, which is home 
to more than 21,000 Asian owned businesses. We are also one of 
the fastest growing AAPI populations in the country in 
Southern--in Nevada.

    It is just all too common for individuals in our AAPI 
community to face harassment, discrimination, or even violence 
both inside and outside the workplace. So again, building on 
what you answered on the last question, if confirmed, how would 
you use your office to address the increase in anti-Asian 
violence and discrimination?

    Ms. Gilbride. Well, hate and violence have no place in the 
workplace in the United States. I would take those incidents 
extremely seriously. I know that where business owners are 
targeted, as you mentioned employers are often the victims of 
this type of violence and hate, unfortunately, as well.

    I would want to work closely with the employer community 
and with the Asian and Pacific Islander community and advocates 
in that community to think as a group about what can we do to 
be helpful, what could the agency do to be helpful in that 
space, to eradicate that scourge of violence.

    Because it is not what we what we want for this country, 
and I would make that a high priority, if I were to be 
confirmed in this role.

    Senator Rosen. Thank you. I have more questions on pay 
equity and others. I will submit those for the record. Thank 
you, Madam Chair.

    Senator Smith. Thank you, Senator Rosen.

    Senator Hickenlooper.

    Senator Hickenlooper. Thank you, Madam Chair. And thank 
both of you. I have been kind of going out seeing little 
snippets of this. It sounds like I have--I am going to have a 
lot of catching up to do tonight.

    Ms. Looman, when I was Governor in Colorado, we set up a 
task force to share information and improved investigations 
into worker misclassification and basically what ended up being 
tax fraud within the construction industry. We did this because 
law abiding companies, their workers--I think the taxpayers are 
being undercut by these under the table payments and in other 
ways skirted the law.

    How do you plan to collaborate and reinforce state efforts 
in regard to this, and other not just state efforts, but other 
stakeholder efforts to address worker misclassification?

    Ms. Looman. Thank you, Senator. And we currently have in 
the Wage and Hour Division and are very proud to work with 
Colorado under a memorandum of understanding. Also a memorandum 
of understanding, I was--had the opportunity in Minnesota to 
work with the Wage and Hour Division to address 
misclassification.

    Very familiar with how we can really think about our 
partnerships with state as a force amplifier, a force 
multiplier, if you will, in terms of identifying and ensuring 
that we are providing the best worker protections possible.

    I also share that we have really had great success in the 
Wage and Hour Division, and also my work in State Government, 
thinking about how we can address misclassification, wage 
theft, insurance fraud in the construction industry in 
partnership with different agencies who have different roles 
and I think different types of worker protections.

    I think that the partnership, the relationships between 
states and local Government, and the Federal Wage and Hour 
Division can be really impactful. And if confirmed, I would 
continue to prioritize those relationships and making sure that 
we are leveraging all of the worker protection agencies and 
focus that we can have across the country to really address 
those issues, to your point.

    Because responsible employers, particularly responsible 
employers in the construction industry, are very much at a 
competitive disadvantage when other businesses are 
misclassifying construction workers as independent contractors.

    Senator Hickenlooper. I remember when I first ran for 
Governor of Colorado in 2010, and I heard several stories to 
the same effect. But the one that just stuck in my mind was a 
man who was 55 or 56, 57, somewhere in there, about same age I 
was at the time, and he had a commercial painting company, 
pretty much his whole life. He would put three kids through 
college, and yet he paid--he did everything above the board. He 
paid everybody with a payroll check, and he paid the taxes that 
were owed, and he could not compete.

    The changes that happened in the early 2000's drove him out 
of business and he was sleeping on the couch in his daughter's 
basement. And it just, when the people that are out--the small 
businesses that have helped create the country we know and 
love, when they can't compete fairly, I think it is up to the 
rest of us to make sure we do something about it. I am glad to 
hear you are up for that.

    Collaborating with the states is a great way to go about 
that. Ms. Gilbride, our team has heard from the Denver field 
office that their case loads are becoming overwhelming due to 
the understaffing, budget constraints, limited resources.

    How important is it, Ms. Gilbride, for the field staff 
helping the EEOC stop unlawful employment discrimination and 
the General Counsel's Office to litigate cases? I mean, how 
critical is that?

    I am giving you a chance to wax poetic on this. And what 
can we do to address the staffing issues and really reduce the 
amount of time it takes to resolve complaints?

    Ms. Gilbride. Thank you for that question. The field staff 
are on the front lines of the agency's efforts to make sure 
that the workplace is fair and inclusive and a welcoming space 
for everyone.

    If they don't have the resources that they need to do their 
job, then unfortunately, workers who are relying on the EEOC 
are the ones who suffer for that.

    What I would hope to do, if I were confirmed as General 
Counsel, would be to talk to all of the regional attorneys in 
the field offices and really get a grasp for what are they 
dealing with, what are the challenges, and what are their 
needs, and what can I do as head of the Office of General 
Counsel to make sure that they have what they need in order to 
do their critical work on behalf of the America's workers.

    Senator Hickenlooper. Great. Perfect. What was the name of 
your dog, again?

    Ms. Gilbride. My dog, April is----

    Senator Hickenlooper. Dog, April. I guess there is no way 
we can get the camera to show April who faithfully sitting at 
the feet of her master's. But obviously, you will be a dynamic 
team. I look forward to working with you.

    Ms. Gilbride. Thank you so much, Senator.

    Senator Smith. Thank you, Senator Hickenlooper. Do any 
other Members have any questions, any additional questions they 
would like to ask? Well, in that case, thank you to our 
nominees for being here today and for providing your testimony.

    For Senators who wish to submit questions for the record, 
those questions are due 1 week from today, which will be 
Tuesday, September 20th. Again, thank you to our nominees for 
being here today.

    And with that, this hearing is adjourned.

                          ADDITIONAL MATERIAL

                                 ______
                                 

          Letters of Support and Opposition to Jessica Looman

                                 ______
                                 
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.

    Dear Chair Murray and Ranking Member Burr:

    Earlier this week, the Health, Education, Labor, and Pensions 
Committee held a hearing of the nomination of Jessica Looman to serve 
as Administrator of the Wage and Hour Division (WHD) of the Department 
of Labor. While NRF takes no position on her qualifications for the 
position, the Committee should be aware of the potentially problematic 
regulatory changes being pursued by the WHD under the direction of Ms. 
Looman, namely her attempts to alter the independent contractor 
standard, joint employer standard, and overtime pay requirements under 
the Fair Labor Standards Act (FLSA).

    NRF is the world's largest retail trade association, representing 
discount and department stores, home goods and specialty stores, Main 
Street merchants, grocers, wholesalers, chain restaurants and Internet 
retailers from the United States and more than 45 countries. Retail is 
the Nation's largest private sector employer, supporting one in four 
U.S. jobs--52 million working Americans. Contributing $3.9 trillion to 
annual GDP, retail is a daily barometer for the Nation's economy. The 
retail industry provides opportunities for lifelong careers, 
strengthens communities and plays a critical role in driving 
innovation.

    On June 3, 2022, WHD announced that the agency would soon be 
promulgating a notice of proposed rulemaking creating a new independent 
contractor standard under the FLSA. The rulemaking is expected to make 
it more difficult for workers to work independently by limiting who can 
qualify as an independent contractor. This policy change is being 
pursued despite significant evidence that workers want the flexibility 
and autonomy that comes with independent contractor status. In this 
post-pandemic environment, independent work arrangements are more 
popular than ever. Unfortunately, WHD's new proposed rulemaking will 
make such arrangements more difficult, limiting workers' flexibility, 
autonomy, and right to choose their path to success.

    WHD has also announced its intention to alter the overtime pay 
requirements under the FLSA. Reports indicate the agency will 
potentially increase the minimum salary threshold under which workers 
must be paid overtime, create automatic updates for the threshold, and/
or alter the duties test used to determine if a worker's 
responsibilities qualify them for an exemption. Changes to this area 
will be particularly impactful upon entry-level managers who are 
actively gaining experience and expertise in the hopes of soon moving 
up the ladder to higher-level managerial positions.

    The rule changes will needlessly force millions of these workers 
back on the clock, regardless of their preference. Such workers will 
lose the flexibility and dignity that managerial status provides. They 
will fail to benefit from countless educational and advancement 
opportunities. Moreover, the ability of the regulated community to 
comply with these new rules will be significantly impacted by COVID-
19's changes to the American workforce and workplace. In the wake of 
the pandemic, more workers than ever before are working remotely and 
expecting maximum flexibility from their employers regardless of their 
exemption status. At the very least, WHD should fully understand and 
carefully consider these changes to the workplace before pursuing a new 
rulemaking.

    Finally, WHD has indicated it plans to alter the joint employer 
standard used to determine if two or more employers are jointly 
responsible for the essential terms and conditions of employment over a 
shared group of employees. Joint employer status comes with substantial 
liabilities and obligations under the law. The agency is expected to 
significantly expand the standard so that even indirect or unexercised, 
reserved control over terms and conditions of employment could trigger 
joint employer status. This will have a devastating effect on the 
economy, as larger employers fear potential liabilities, 
disincentivizing them from contracting, franchising, or licensing with 
small and/or local businesses.

    NRF maintains that the wage and hour regulatory efforts outlined 
above could cause significant economic upheaval. At the least, they 
will create confusion for retailers as they struggle to address 
workforce shortages, supply chain disruptions, and lingering 
inflationary pressures.

    NRF appreciates the Committee's attention to this matter and 
respectfully requests that this letter be included in the official 
record of the hearing.

            Sincerely,
                                              David French,
                                             Senior Vice President,
                                              Government Relations.
                                 ______
                                 
          Association of Union Constructors (TAUC).
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.

    Dear Chair Murray and Ranking Member Burr:

    The Association of Union Constructors (TAUC) would like to express 
our strong support for the confirmation of Jessica Looman to be 
Administrator of the United States Department of Labor's Wage & Hour 
Division (WHD).

    TAUC represents over 1,800 union construction firms engaged in 
industrial maintenance and heavy construction and is the largest multi-
craft union contractor association in America. Our mission is to serve 
as an advocate for contractors who utilize union craftworkers, and to 
enhance cooperation between the three entities involved in the 
successful completion of construction projects: the contractor, the 
building trades union, and the owner-client. This ``tripartite 
dialog,'' facilitated by TAUC, delivers the cost-effective, high-
quality construction demanded by our members' owner-clients.

    The WHD is critically important to TAUC contractors, who are 
committed to investing in workforce development and providing middle 
class family sustaining wages and benefits to their workers. Our 
members believe that contractors should compete for construction work 
based on who can deliver the highest quality and productivity, not who 
can find the cheapest workforce. As such, it is vital that WHD have an 
experienced and knowledgeable leader like Ms. Looman to ensure 
contractor compliance with Federal labor law.

    TAUC has had the opportunity to work closely with Ms. Looman during 
her tenure as Deputy Administrator and Acting Administrator of the WHD. 
She has made herself and senior WHD officials available to engage all 
stakeholders to answer questions and provide compliance guidance 
related to Federal wage and hour law. Throughout these interactions, 
which included representatives of labor and both union and non-union 
contractors, we have witnessed firsthand her openness to listen to and 
consider the perspectives of all stakeholders. We have also seen her 
commitment to ensuring a level playing field for law abiding 
contractors through compliance with the rule of law.

    Having served as both Commissioner of the Minnesota Department of 
Commerce and as Executive Director of the Minnesota Building and 
Construction Trades Council, Ms. Looman brings a balanced approach to 
understanding both the labor and management perspective to improving 
compliance with Federal wage and hour laws. This experience gives her 
an understanding of the need to advance construction quality while 
ensuring compliance with Federal labor standards without unduly 
overburdening employers and ensuring that contractors who pay their 
workers middle class wages and benefits and investment in their 
workforce can continue to successfully compete for construction work.

    TAUC looks forward to partnering with Ms. Looman on issues of 
importance to the union construction and maintenance industry and urges 
the committee to act quickly to confirm her nomination as Administrator 
of WHD.

            Very sincerely yours,
                                           Daniel M. Hogan,
                                           Chief Executive Officer.
                                 ______
                                 
     Sheet Metal and Air Conditioning Contractors',
                     National Association (SMACNA).
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.

    Dear Chair Murray and Ranking Member Burr:

    The Sheet Metal and Air Conditioning Contractors' National 
Association (SMACNA) is supported by more than 3,500 construction firms 
specializing in industrial, commercial, residential, architectural and 
specialty sheet metal and air conditioning construction in public and 
private markets throughout the United States. On behalf of SMACNA, I 
want to express our strongest and most enthusiastic endorsement for 
Jessica Looman to serve as Administrator of the US Department of 
Labor's Wage and Hour Division (WHD). Over many decades of reviewing 
candidates for Federal appointments, SMACNA has very rarely endorsed a 
nominee for Federal office. However, we make a special exception to 
support Jessica Looman to be WHD Administrator due to years of 
appreciation for her dedication and ability as well as our first-hand 
experience viewing her fairness, judgment, and professionalism at the 
state and Federal levels. Our member corporations have appreciated her 
work up close, from her service as Minnesota Commissioner of Commerce, 
Assistant and Deputy Commissioner of the Minnesota Department of Labor 
and later as Executive Director of the Minnesota State Building and 
Construction Trades Council. She is a gifted public servant and would 
bring a high level of credibility, accountability, and transparency to 
a most challenging role at the Department of Labor, as the 
Administrator of the Wage and Hour Division.

    Ms. Looman has made significant progress on important goals most 
labor and management organizations support, from expanding construction 
career pathways to including greater diversity and inclusion in the 
construction industry to protecting the physical and financial health 
of the construction workforce. In addition, in Minnesota she worked to 
increase private and public investment in construction infrastructure, 
an effort benefiting contractors and workers alike as well as the 
Minnesota taxpayer. During tenure at the Minnesota and US DOL she 
actively supported increasing construction workforce training quality, 
public project safety and productivity. Three high priority policies 
for our member corporations and skilled workers include: reforming the 
Nation's prevailing wage laws, enforcing construction worker 
misclassification rules, and reforming and enforcing registered 
apprenticeship standards. On these long ignored regulatory matters she 
has earned the trust of our industry and introduced policy proposals 
important to our thousands of firms and their hundreds of thousands of 
highly skilled construction trades employees.

    SMACNA members and allied quality driven contractors agree with the 
nominee that any major investment in public infrastructure should 
recognize the extreme importance and merit in building a larger skilled 
workforce, enforcing independent contractor rules, and paying locally 
prevailing wages as part of any quality based public procurement 
policy. We also endorse the Department of Labor Wage and Hour 
Division's view that Federal, state, and local prevailing wage laws 
should encourage employers to:

          Pay a locally prevailing wage

          Offer health care coverage to their employees and 
        their families

          Provide for the future retirement of their employees 
        and

          Make a significant investment in the registered 
        apprenticeship training and safety programs producing an 
        unmatched productive and safety conscious workforce.

    From years of experience with Ms. Looman's leadership and service 
in Minnesota and at DOL, SMACNA member firms have learned to appreciate 
her commitment to expanding the skilled workforce, enforcing labor laws 
and regulations to provide a level playing field for all employers, 
including those providing quality wages, benefits, and training. 
Further, we know that her continuing Federal commitment to the payment 
of prevailing wages and benefits is not designed as a union versus 
nonunion issue competition. According to many Department of Labor 
reports, most Davis-Bacon wage decisions for Federal projects have paid 
less than the union wage. Ms. Looman supports fair and balanced reforms 
to the prevailing wage laws to prevent the Federal Government from 
undermining local economies and prevailing local employment and 
training practices by reflecting local conditions. For that reason, we 
found general agreement and support for the Wage and Hour Division's 
draft rules the WHD issued in May boosting compliance assistance to 
employers as part of reforming the Davis-Bacon Act. Under Ms. Looman's 
guidance, the draft rules, if adopted, would offer public construction 
projects far greater productivity by using a trained, skilled workforce 
completing highly complex construction projects faster and with better 
quality.

    In summary, SMACNA views Ms. Looman as a highly competent, first-
rate administrator supportive of a construction industry where quality 
driven firms are not disadvantaged when bidding Federal projects 
because they offer their employees locally prevailing wages, health 
care, pensions, and registered apprenticeship training opportunities. 
For that reason and many more, we endorse Jessica Looman to be the 
Administrator of the Wage and Hour Division at the US Department of 
Labor. Thank you for considering our views of this highly talented and 
qualified nominee. Do not hesitate to contact our association should 
you need our assistance to better support Ms. Looman or to promote 
construction quality, productivity, skilled workforce training and 
project safety.

            Sincerely,

                                     Stanley E. Kolbe, Jr.,
                                                Executive Director,
                                  Government and Political Affairs,
                                       SMACNA--Capitol Hill Office.
                                 ______
                                 
     North America's Building Trades Union (NABTU),
                                      Alpharetta, GA 30004,
                                                 September 9, 2022.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.

    Dear Chair Murray and Ranking Member Burr:

    On behalf of the over 3 million skilled craft professionals that 
comprise North America's Building Trades Unions (NABTU), I write in 
strong support of the nomination of Jessica Looman to serve as the 
Administrator of the Wage and Hour Division (WHD) at the U.S. 
Department of Labor.

    In her current role as Principal Deputy Administrator, Ms. Looman's 
work has demonstrated a level of excellence in carrying out the mission 
of the WHD. She has recovered millions of back wages for workers and 
expanded employer assistance to increase compliance with labor 
standards. She has diligently worked to increase transparency and 
accountability with the Department's programs and initiatives. 
Furthermore, under her leadership, WHD has proposed a rule to 
strengthen and modernize the Federal prevailing wage regulations that 
will protect the wages of construction workers and strengthen 
enforcement.

    As a proud building trades member and former Executive Director of 
the Minnesota State Building and Construction Trades Council, Ms. 
Looman has always prioritized the welfare of workers, a key tenant of 
WHD's mission. Furthermore, her accomplished experience as the 
Commissioner of the Minnesota Department of Commerce, as well as both 
Assistant and Deputy Commissioner of the Minnesota Department of Labor 
and Industry, has driven economic progress for both labor and business.

    In closing, we are confident that she will continue to fiercely 
advocate for all workers and their employers while ensuring compliance 
with Federal policies under her jurisdiction. We urge strong bipartisan 
support for her nomination as well as a swift confirmation by the 
Committee and Senate.

            Sincerely,
                                             Sean McGarvey,
                                                         President,
                     North America's Building Trades Union (NABTU).
                                 ______
                                 
               Associated Builders and Contractors.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.

    Dear Chair Murray, Ranking Member Burr, and Members of the Senate 
HELP Committee:

    On behalf of Associated Builders and Contractors, a national trade 
association with 68 chapters representing more than 21,000 members, I 
am writing to express our concerns with recent rulemaking and proposals 
from the U.S. Department of Labor's Wage and Hour Division as you 
consider the nomination of Ms. Jessica Looman. ABC urges the committee 
to ensure that as administrator of the Wage and Hour Division, Ms. 
Looman takes into consideration the serious concerns from the 
construction industry on forthcoming rulemakings, such as the 
independent contractor rule, the overtime rule and radical reforms to 
Davis-Bacon regulations that will increase the cost of taxpayer-funded 
construction projects and discourage small businesses from rebuilding 
America.

    Earlier this year, the DOL WHD proposed more than 50 significant 
changes to existing regulations affecting how the agency determines, 
requires and enforces prevailing wages on covered taxpayer-funded 
construction contracts. In its proposed rule, the DOL estimates Davis-
Bacon Act regulations apply to $217 billion in Federal and federally 
assisted construction spending per year--which is roughly 63 percent of 
all public construction put in place and provide government-determined 
wage rates for an estimated 1.2 million U.S. construction workers.

    Because the proposed rule will have far-reaching effects on local, 
state and Federal Government procurement stakeholders, taxpayers, ABC 
members and other construction businesses pursuing contracts and 
building Federal and federally assisted construction projects urged the 
DOL to extend the current 60-day comment period deadline of May 17 to 
provide adequate time to analyze the proposal, solicit member feedback 
and provide meaningful input on the proposal. On April 22, the 
extension request was arbitrarily and capriciously denied without 
adequate explanation by the WHD, in violation of the Administrative 
Procedure Act.

    ABC urges the committee to obtain a commitment from Ms. Looman to 
provide an adequate explanation. ABC further requests that Ms. Looman 
ensures that WHD will consider the comments submitted by ABC and other 
construction organizations that have highlighted the new rule's 
failures. These criticisms include the rule's failure to fix the 
systematic errors within the DOL's wage determination process, 
elimination of prior reforms that had increased the accuracy of wage 
determinations, further expansion of DBA regulatory burdens that will 
increase costs for more taxpayer-funded construction projects and 
failure to provide regulatory clarity to impacted contractors and 
stakeholders.

    ABC also remains concerned with the proposed rule on independent 
contractors under the Fair Labor Standards Act that is currently under 
review at the Office of Information and Regulatory Affairs at the 
Office of Management and Budget. ABC has met with OMB and DOL staff to 
discuss its concerns with the new proposed rule and the importance of 
independent contractors to the construction industry. They provide 
specialized skills, entrepreneurial opportunities and stability during 
fluctuations of work common to construction.

    ABC and other co-plaintiffs successfully sued the DOL to vacate 
last year's independent contractor delay and withdrawal rules. As a 
result of the decision, the Jan. 7, 2021, final rule has now gone into 
effect, clarifying and simplifying the longstanding economic reality 
test based on an exhaustive analysis of cases applying that test around 
the country, along with other traditional factors. ABC believes the 
Jan. 7 rule provides clearer guidance to the regulated community 
regarding the interplay of these factors and that the committee should 
urge the next WHD administrator to let it stay in effect long enough to 
work. The current rule will reduce the degree of litigation chaos that 
has bedeviled the regulated community, promoting badly needed economic 
growth and protecting legitimate independent contractors and employees 
alike.

    Should WHD pursue a new rule, a full comment period and adequate 
deliberation and consideration of the comments must be required along 
with an explanation of how a new rule will better promote economic 
growth, provide better guidance than the current rule and recognize the 
continuing importance of independent contractor classifications in 
construction and other industries. ABC urges the committee to receive 
these assurances from Ms. Looman during her nomination hearing.

    Finally, ABC remains concerned about WHD moving forward with an 
overtime proposal and urges the committee to support postponing any 
proposed changes to the current rule, which increased the minimum 
salary threshold only 3 years ago.

    WHD should also recognize the lingering economic consequences of 
the COVID-19 pandemic and the negative impact more regulation will have 
on the construction industry that currently face historic global supply 
chain disruptions, rising materials prices and a current workforce 
shortage of 650,000.

    A sweeping change to overtime pay regulations will further 
complicate this current situation and could have unintended effects of 
restricting employee workplace flexibility in setting schedules/hours, 
hurting career advancement opportunities for employees, negatively 
affecting employee morale, significantly increasing both legal and 
operational compliance costs and making it harder to fill the critical 
construction jobs needed.

    ABC appreciates the HELP Committee's important attention to these 
critical matters for the construction and numerous other industries 
affected by these Federal rules and regulations and hopes that the 
committee is able to receive these critical assurances from Ms. Looman 
as she seeks to lead the WHD in the coming years.
            Sincerely,
                                        Kristen Swearingen,
                                                    Vice President,
                                 Legislative and Political Affairs.
                                 ______
                                 
                      American Federation of State,
                              County and Municipal,
                                Employees (AFSCME).
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.

    Dear Chair Murray and Ranking Member Burr:

    On behalf of the 1.4 million members of the American Federation of 
State, County and Municipal Employees (AFSCME), I urge you to support 
the nomination of Jessica Looman as the Administrator of the Wage and 
Hour Division for the Department of Labor.

    Ms. Looman has an extensive background in employment, labor and 
workplace law and policy and is very well qualified for this important 
role. Her work since the beginning of the Biden administration as the 
Principal Deputy Administrator has shown her expert judgment and keen 
understanding of the issues facing the Wage and Hour Division.

    Her background in both labor unions and Minnesota state government 
provided an important foundation for tackling the challenges faced by 
workers across different sectors. As the Executive Director of the 
Minnesota State Building and Construction Trades Council, she worked to 
diversify construction career pathways, advocated for worker safety, 
and helped improve investment in construction infrastructure.

    Prior to this role, she served in multiple state government 
capacities in Minnesota, both as the Commerce Commissioner and the 
Deputy Commissioner and the Assistant Commissioner for the Minnesota 
Department of Labor and Industry (DLI). Ms. Looman understands how the 
Wage and House Division can make an enormous difference for workers 
across the country. Ms. Looman will surely protect and advance the 
rights of working people that they deserve and are guaranteed under the 
law.

    AFSCME strongly endorses the nomination of Jessica Looman as 
Administrator of the Wage and Hour Division for the Department of 
Labor. We urge you to vote to quickly confirm her for this important 
position.

            Sincerely,
                                            Edwin S. Jayne,
                            Director of Federal Government Affairs.
                                 ______
                                 
                             International Union of
                                    Bricklayers and
                               Allied Craftworkers,
                                                September 12, 2022.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.

    Dear Chair Murray and Ranking Member Burr:

    I am writing in strong support of the nomination of Jessica Looman 
to be Administrator of the Wage and Hour Division (Wage and Hour) of 
the U.S. Department of Labor (DOL).

    Jessica currently serves as the Principal Deputy Administrator at 
Wage and Hour, where she has served for nearly 2 years. She has 
demonstrated exceptional leadership in this position, as well as a 
thorough understanding of the many complex issues in the jurisdiction 
of the agency.

    She came to DOL with extensive experience in government relations, 
Federal and state labor and employment law and executive agency 
leadership. She has served in several high-level positions in the 
government of the State of Minnesota, including time as Commissioner of 
the Minnesota Department of Commerce and Deputy Commissioner of the 
Minnesota Department of Labor and Industry.

    Jessica has also gained valuable experience as General Counsel to 
the Laborers District Council of Minnesota and North Dakota, and 
Executive Director of the Minnesota State Building and Construction 
Trades Council.

    She received a B.A. in Political Science and Government at the 
George Washington University, and a J.D. at the University of 
Minnesota. Jessica's education and work experience make her ideally 
suited for the position of Administrator of Wage and Hour at DOL. 
Throughout her career, she has demonstrated excellence and the ability 
to listen to all stakeholders involved in public policy development and 
implementation. On behalf of the International Union of Bricklayers and 
Allied Craftworkers, I am honored to give Jessica Looman my highest 
recommendation, and I urge the Senate to promptly vote in favor of her 
nomination.

            Sincerely,
                                       Timothy J. Driscoll.
                                 ______
                                 
                       International Association of
                         Sheet Metal, Air, Rail and
                            Transportation Workers,
                                 11750 New York Avenue, NW,
                                                 Suite 600,
                                      Washington, DC 20006,
                                                 September 9, 2022.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.

    Dear Chair Murray and Ranking Member Burr:

    On behalf of the International Association of Sheet Metal, Air, 
Rail and Transportation Workers (SMART), and our over 203,000 union 
members, we urge you to swiftly confirm the nomination of Jessica 
Looman to be Administrator of the U.S. Department of Labor's Wage and 
House Division.

    SMART is one of North America's most dynamic and diverse unions 
with 203,000 members. SMART's members produce and provide the vital 
services that move products to market, passengers to their destinations 
and ensure the quality of the air we breathe. Our members include sheet 
metal workers, service technicians, bus operators, engineers, 
conductors, sign workers, welders, production employees and more. With 
members in scores of different occupations, we advocate for fairness in 
the workplace, excellence at work and opportunity for all working 
families.

    We strongly support Jessica Looman's nomination. In her role as 
Principal Deputy Administrator and Acting Administrator of the Wage and 
Hour Division, she has overseen an extensive regulatory agenda, 
recovered millions of back wages for workers, proposed ways to 
strengthen and modernize Federal prevailing wage regulations and 
expanded employer assistance to increase compliance, transparency, and 
accountability with Department of Labor programs.

    Ms. Looman has an extensive history working on these issues. Prior 
to joining Department of Labor, she served as Executive Director of the 
Minnesota State Building and Construction Trades Council and as 
Commissioner of the Minnesota Department of Commerce and Assistant and 
Deputy Commissioner of the Minnesota Department of Labor. Throughout 
all her roles, she has prioritized fairly enforcing our laws and 
raising labor standards and conditions to make economic progress for 
both labor and industry.

    Ms. Looman's commitment, leadership and expertise on labor and 
worker rights, make her the right choice for this position. We urge you 
to quickly confirm her nomination.

            Sincerely,
                               International Association of
                                 Sheet Metal, Air, Rail and
                                    Transportation Workers.
                                 ______
                                 
                           Laborers' International,
                    Union of North America (LIUNA),
                                                     July 28, 2022.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.

    Dear Chair Murray and Ranking Member Burr:

    On behalf of the 500,000 men and women of the Laborers' 
International Union of North America (LIUNA), I write to 
enthusiastically support the nomination of Jessica Looman, a proud 
member of our great union, to be the Administrator of the Wage and Hour 
Division (WHD) of the U.S. Department of Labor. LIUNA asks you to vote 
in favor of her nomination as soon as possible.

    As a dedicated public servant, she has served the Department of 
Labor as the Acting Administrator and Principal Deputy Administrator of 
the Wage and Hour Division. Under her leadership, the Wage and Hour 
Division has instituted a range of programs and reforms to ensure full 
compliance with Federal wage and hour laws. Her diligent oversight has 
resulted in millions of dollars in back wages being recovered for 
workers, and the new Workers Owed Wages online system modernized the 
process to make sure workers can be connected to the wages they are 
owed. WHD has also expanded assistance to the employer community, 
including the creation of sector-specific toolkits, to help employers 
understand and comply with Federal wage and hour laws. It has also 
published an online enforcement data system to promote transparency and 
accountability.

    Her office has drafted a critically important proposed rule to 
modernize Davis-Bacon prevailing wage regulations. The proposal will 
improve enforcement tools, address construction wage theft and 
misclassification, protect workers from retaliation, and improve the 
process for determining local wages. She also oversaw the final rule 
implementing President Biden's executive order on Federal contractor 
minimum wage ensuring public service workers are paid no less than $15 
an hour. And currently, she is overseeing an important proposed rule 
that will improve the retention of service contract workers. The rule 
will prevent disruptions in Federal services and makes it easier for 
employers to find trained workers.

    Jessica Looman has a long history as a talented and experienced 
administrator, bringing unions and their employer partners together. In 
addition to her time leading WHD, she served as the Commissioner of the 
Minnesota Department of Commerce and Assistant and Deputy Commissioner 
of the Minnesota Department of Labor. Prior to her service in Minnesota 
government, she served as the General Counsel for the Laborers' 
District Council of Minnesota and North Dakota, as well as the 
Executive Director for the Minnesota Laborers-Employers Cooperation and 
Education Trust (LECET). In all of these roles, she brought labor and 
employers together to grow the economy and create good family 
supporting jobs.

    For all of these reasons, LIUNA believes that she is the best 
person for the job of Administrator of the Wage and Hour Division of 
the U.S. Department of Labor, and we ask that you vote in favor of her 
nomination.

    With kind regards, I am,

            Sincerely yours,
                                          Terry O'Sullivan,
                                                 General President.
                                 ______
                                 
                                 Minnesota Drywall,
                   and Plaster Association (MDPA),.
                                                 September 8, 2022.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.

    Dear Chair Murray and Ranking Member Burr:

    I am writing on behalf of the membership of the Minnesota Drywall 
and Plaster Association (MDPA) to express our strongest support for the 
nomination of Jessica Looman to the position of Administrator of the 
United States Department of Labor's Wage & Hour Division (WHD).

    MDPA is the leading wall and ceiling construction employer 
association in Minnesota. Our members employ thousands of workers--
carpenters, drywall finishers, laborers and plasterers--who perform 
tasks such as wall framing, drywall installation, plastering and 
fireproofing.

    MDPA's primary functions include representing its member-employers 
in labor relations matters such as collective bargaining as well as in 
state government relations matters.

    Our organization is very familiar with Ms. Looman from her time in 
the private sector leading Minnesota building trades unions and from 
her time in public service as a leader of Minnesota State Agencies.

    Throughout her career, MDPA has consistently found Ms. Looman to be 
extremely competent, professional, and honest. She has always worked to 
improve conditions for not only labor but also for honest employers. 
Her appreciation for and understanding of these different perspectives 
should not go unnoticed. From MDPA's perspective, it has been a 
cornerstone of her success as a leader in the private and public 
sectors.

    While she was in the private sector, MDPA sat ``across the table'' 
from Ms. Looman in labor negotiations and dispute resolution efforts 
during her time in the private sector. In that setting Ms. Looman was a 
strong advocate for her organization while maintaining a commonsense 
perspective that always supported positive labor-management relations.

    While in public service, Ms. Looman was an effective leader who 
genuinely considered the views of all parties involved. She did not 
favor particular parties--instead, she performed her duties with the 
utmost professionalism and with the greater good in mind. Her smart, 
balanced perspective was always evident in her efforts.
                                 ______
                                 
                              United Association of
                                 Union Plumbers and
                                  Pipefitters (UA),
                                                 September 9, 2022.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.

    Dear Chair Murray and Ranking Member Burr:

    On behalf of the more than 359,000 hardworking men and women of the 
United Association of Union Plumbers and Pipefitters (UA), I write in 
strong support of the nomination of Jessica Looman, current Acting 
Administrator of the Department of Labor Wage and Hour Division, to 
serve as Administrator. Acting Administrator Looman has proven to be a 
tireless advocate and evenhanded arbiter protecting fair wages for 
working families, and she will continue this important work once 
confirmed.

    Acting Administrator Looman has a strong track record of fighting 
wage theft and standing up for working families. In this position, she 
has brought a measured approach to ensuring more Americans have a fair 
shot at success--and that begins with their ability to earn fair wages 
for an honest day's work. Acting Administrator Looman led the most 
significant expansion of Davis-Bacon prevailing wage laws in 
generations with new rulemaking earlier this year, and she remains 
committed to creating a level playing field that benefits all workers, 
regardless of circumstance. Acting Administrator Looman has proven to 
be a reliable partner as she has worked tirelessly to include 
stakeholders in the policy process at all levels, ensuring the voices 
of working families, like those of the United Association, are heard. I 
have every confidence that once confirmed Administrator Looman will 
continue this balanced and important work standing up to unscrupulous 
contractors and protecting the ability of all Americans to earn fair 
wages.

    The entire United Association stands ready to continue our work 
with Acting Administrator Looman and the entire Department of Labor to 
create a level playing field and ensure more Americans earn fair wages 
and benefits. We are proud to support Acting Administrator Looman's 
nomination to lead the Wage and Hour Division, and we look forward to 
her swift confirmation.

            Sincerely yours,
                                              Mark McManus,
                                                 General President,
                                                United Association.
                                 ______
                                 

          Letters of Support and Opposition for Karla Gilbride

                                 ______
                                 
    National Employment Lawyers Association (NELA).
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.

    Dear Chair Murray and Ranking Member Burr:

    The National Employment Lawyers Association (NELA) writes to 
express our strong support for the nomination of Karla Gilbride to 
serve as General Counsel of the U.S. Equal Employment Opportunity 
Commission (EEOC). Ms. Gilbride has dedicated her career to ensuring 
equal access to justice under the law, and she has an exceptional 
record as a litigator and advocate for workers, which she would bring 
to bear as General Counsel at EEOC.

    Since 1985, NELA has been the premier professional membership 
organization for lawyers that represent workers in labor, employment, 
and civil rights disputes. NELA members litigate in every Federal 
district and circuit, advocating for equality and justice for workers 
across the country. NELA members routinely work with the EEOC to 
enforce anti-discrimination law and protect the rights of workers.

    Ms. Gilbride is eminently qualified to serve as General Counsel of 
the EEOC. In her hearing before the Senate HELP Committee on September 
13, Ms. Gilbride's responses demonstrated her deep knowledge of the 
issues for which the EEOC has responsibility and her strong commitment 
to the mission of the agency. In addition, her measured and thoughtful 
temperament and approach to problem solving were evident.

    Ms. Gilbride has extensive experience as a litigator for the 
protection of workers' rights at every level of the Federal judiciary. 
For over 15 years, she has represented workers across industries--from 
migrant farmworkers to women in the finance industry to prison 
employees. She has represented many different clients, from many walks 
of life, but her mission is always the same--to enforce workers' rights 
to safe and equitable working conditions under the law.

    Ms. Gilbride started her law career at Disability Rights Advocates, 
bringing cases on behalf of students and residents to ensure equal 
access to course materials, professional licensing exams, and emergency 
services. She continued that work at the law firm of Mehri & Skalet, 
PLLC, where she also brought cases under Title VII of the Civil Rights 
Act of 1964 to protect her clients from workplace discrimination based 
on religion, race, and sex.

    Ms. Gilbride's commitment to fair and equitable treatment under the 
law is evidenced in her consumer and wage and hour litigation efforts 
as well. In her current role as the Access to Justice Co-Director at 
Public Justice, Ms. Gilbride recently argued and won a unanimous 
decision at the U.S. Supreme Court. The case involved a collective 
action filed by an hourly employee of a Taco Bell franchise against her 
employer alleging violations under the Fair Labor Standards Act for 
failure to pay overtime wages. The employer engaged in the litigation 
for nearly 8 months before attempting to force the employee out of 
court and into a binding, confidential arbitration process. The Eighth 
Circuit sided with the employer. In an important ruling for workers and 
consumers, the Supreme Court reversed the Eighth Circuit, holding that 
the Federal Arbitration Act ``does not authorize Federal courts to 
invent special, arbitration preferring procedural rules,'' \1\ like the 
one used against the fast-food worker in this case.
---------------------------------------------------------------------------
    \1\  Morgan v. Sundance, 142 S. Ct. 1708 (2022)

    Ms. Gilbride is a strategic advocate who takes a holistic approach 
to pursuing policy goals. In keeping with her holistic approach, Ms. 
Gilbride is focused on solutions and will appropriately consider 
solutions to systemic problems that focus on education, training, and 
systemic reform in addition to, or alongside litigation efforts. Ms. 
Gilbride is also extremely well-equipped to coordinate regional and 
field office litigation at EEOC to maximize enforcement of Federal 
employment anti-discrimination laws in harmony with the broader 
---------------------------------------------------------------------------
strategy of the agency.

    Ms. Gilbride's exceptional experience, qualifications and 
temperament, as well as her commitment to fairness and justice for 
working people will make her an exceptional General Counsel at the 
EEOC.

    The importance of this agency to working people across the country 
cannot be overstated. NELA strongly urges the Senate to promptly 
confirm Ms. Gilbride. If you have any questions, or would like to 
discuss these comments further, please contact Laura Flegel at 
[email protected].

            Sincerely,
                                           Laura M. Flegel,
                              Legislative & Public Policy Director,
National Employment Lawyers Association National Employment Lawyers 
                                                       Association.
                                        Jeffrey A. Mittman,
                                                Executive Director,
National Employment Lawyers Association National Employment Lawyers 
                                                       Association.
                                 ______
                                 
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.

    Dear Chair Murray and Ranking Member Burr:

    The undersigned 44 civil rights, workers' rights, and gender 
equality organizations write to express our strong support for the 
nomination of Karla Gilbride to serve as General Counsel of the U.S. 
Equal Employment Opportunity Commission (EEOC) and to urge the 
Committee to advance this nomination to the Senate floor for a vote.

    During her hearing before this Committee, Ms. Gilbride showed a 
deep commitment to the mission of the EEOC as well as a profound 
understanding of the responsibilities of the General Counsel. We have 
no doubt that Ms. Gilbride will be an effective leader and 
collaborator, working together with the commissioners to help ensure 
equal opportunity for working people.

    The EEOC is the only Federal agency specifically charged with 
enforcing the Nation's Federal employment anti-discrimination laws, 
including Title VII of the Civil Rights Act of 1964 (which includes the 
Pregnancy Discrimination Act), the Equal Pay Act, the Americans with 
Disabilities Act (ADA), and the Genetic Information Nondiscrimination 
Act. The EEOC General Counsel manages the Commission's litigation 
program, recommends cases to the Commission for litigation, and 
oversees the EEOC regional and field offices, which are responsible for 
investigating charges of discrimination and obtaining relief for people 
that have been discriminated against. The General Counsel also plays a 
role in advising the Commission on agency policies and enforcement 
matters.

    As an accomplished litigator with nearly 15 years of experience 
advocating for the right of everyday people to enjoy equal opportunity 
under the law, Ms. Gilbride is an exceptional choice to serve as EEOC 
General Counsel. Ms. Gilbride has successfully litigated cases at every 
level of the Federal judiciary, including the U.S. Supreme Court, and 
has represented a diverse array of workers throughout her career, 
including restaurant, \1\ slaughterhouse, \2\ and warehouse \3\ 
workers. Her background and experience would strengthen the EEOC's 
enforcement efforts, ensuring that litigation is strategic, complements 
other enforcement tools, and addresses systemic or egregious violations 
of the law.
---------------------------------------------------------------------------
    \1\  Howard v. Clyde's Restaurant Group, Inc., 1:11-CV-00687 (E.D. 
Va. 2012).
    \2\  Rural Community Workers Alliance v. Smithfield Foods, Inc., 
PUBLIC JUSTICE, https://food.publicjustice.net/case/rcwa-jane-doe-v-
smithfield/. (last visited Sept 6, 2022)
    \3\  Palmer v. Amazon, PUBLIC JUSTICE,https://
www.publicjustice.net/case--brief/palmer-v-amazon/. (last visited Sept 
6, 2022).
---------------------------------------------------------------------------
    Throughout her career, Ms. Gilbride has focused on ensuring that 
all individuals are able to enforce their legal rights, including under 
our antidiscrimination and employment laws. For example:

          As senior attorney and co-director of the Access to 
        Justice Project at Public Justice, Ms. Gilbride has 
        successfully challenged unfair mandatory, pre-dispute 
        arbitration agreements that prevent workers and others alleging 
        unlawful behavior from seeking their day in court.

          In May 2022, argued and secured a unanimous decision 
        at the U.S. Supreme Court clarifying that Federal courts must 
        treat arbitration agreements like any other contract and may 
        not create rules to favor arbitration over litigation. \4\ In 
        that case, an hourly employee of a Taco Bell franchise filed a 
        collective action in Federal court against her employer 
        alleging violations under the Fair Labor Standards Act for 
        failure to pay overtime wages. The employer engaged in the 
        litigation for nearly 8 months before attempting to force the 
        employee out of court and into a binding, confidential 
        arbitration process. The Eighth Circuit sided with the 
        employer. In an important ruling for workers and consumers, the 
        Supreme Court reversed the Eighth Circuit, holding that the 
        Federal Arbitration Act ``does not authorize Federal courts to 
        invent special, arbitration-preferring procedural rules,'' \5\ 
        like the one used against the fast-food worker in this case, 
        and sent the case back to the lower court.
---------------------------------------------------------------------------
    \4\  Morgan v. Sundance, 142 S. Ct. 1708 (2022).
    \5\  Id. at 1712.

          While an associate at Mehri & Skalet, Ms. Gilbride 
        was part of the team representing over 500 women who worked for 
        the Federal Bureau of Prisons facility in Coleman, Florida. The 
        women alleged that their employer failed to protect them from 
        repeated, ongoing sexual harassment and misconduct by prison 
        inmates. The case ultimately settled and resulted in changes to 
        the prison's policies and practices to improve working 
        conditions at the facility. \6\6
---------------------------------------------------------------------------
    \6\  Federal Bureau of Prisons Coleman Facility Sexual Harassment, 
MEHRI & SKLAET PLLC, https://findjustice.com/cases/coleman-sexual-
harassment (last visited Sept. 2, 2022).

          Ms. Gilbride has worked to ensure that people with 
        disabilities have access to reasonable accommodations necessary 
        for equal opportunity. For example, while an attorney at 
        Disability Rights Advocates, Ms. Gilbride helped secure a 
        victory at the U.S. Court of Appeals for the Ninth Circuit 
        granting a blind law school graduate the right to use assistive 
        screen reading software--the same software Ms. Gilbride, who is 
        blind, uses to perform her job--to take professional licensing 
        exams. \7\
---------------------------------------------------------------------------
    \7\  Enyart v. National Conference of Bar Examiners, Inc., 630 F.3d 
1153 (9th Cir. 2011).

    Ms. Gilbride's extensive litigation experience, coupled with her 
commitment to ensuring that all people have access to opportunity and 
the ability to enforce their rights, make her well-qualified to serve 
as EEOC General Counsel and we urge you to vote to advance her 
nomination to the Senate floor. Please contact Gaylynn Burroughs, 
Director of Workplace Equality at the National Women's Law Center 
---------------------------------------------------------------------------
([email protected]) with any questions.

            Sincerely,

                                           A Better Balance
                                                    AFL-CIO
                                                     AFSCME
                            American Federation of Teachers
                             Americans for Financial Reform
                 Asian Pacific American Labor Alliance, AFL
                 Association of Late Deafened Adults (ALDA)
                       Bazelon Center For Mental Health Law
                  California Employment Lawyers Association
                               Center for Disability Rights
                  Centro de los Derechos del Migrante, Inc.
                            Clearinghouse on Women's Issues
                             Coalition of Labor Union Women
                              Disability Law Center of Utah
                                Disability Rights Advocates
                           Disability Rights North Carolina
                                  Economic Policy Institute
                                     Equal Rights Advocates
                               Feminist Majority Foundation
                           Gender Equality Law Center, Inc.
                                          Justice in Motion
               KWH Law Center for Social Justice and Change
              Lawyers' Committee for Civil Rights Under Law
                                          Legal Aid at Work
                                    Liberty Resources, Inc.
               National Center for Law and Economic Justice
                           National Council of Jewish Women
                  National Disability Rights Network (NDRN)
          National Disabled Legal Professionals Association
                            National Employment Law Project
                    National Employment Lawyers Association
                            National Immigration Law Center
   National Organization for Rights Protection and Advocacy
                            National Organization for Women
                                National Women's Law Center
                              North Carolina Justice Center
                         Northwest Workers' Justice Project
                                    People's Parity Project
                                             Public Citizen
               Service Employees International Union (SEIU)
                           The Center for Popular Democracy
                                         The Sikh Coalition
  The Tanya Project: A Medical-Legal Partnership for Women 
                                                with Cancer
                                            Towards Justice
                                 ______
                                 
               American Council of the Blind (ACB),
                                                 September 7, 2022.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.

    Dear Chair Murray and Ranking Member Burr:

    The American Council of the Blind (ACB) writes to express its 
support for Karla Gilbride's nomination to the office of General 
Counsel at the United States Equal Employment Opportunity Commission 
(EEOC). We strongly believe that Karla has the skills, knowledge, and 
abilities to effectively serve in this role, and that her legal career 
and extensive experience in fighting for equity in employment for 
minority populations make her an ideal candidate for this position.

    ACB is the Nation's leading member-driven organization of and for 
blind and low vision individuals. Founded in 1961 and comprised of more 
than 10,000 members and over 65 state and special-interest affiliate 
organizations, ACB strives to increase the independence, security, 
equality of opportunity, and to improve the quality of life for all 
people who are blind and experiencing vision loss. Equal access to 
employment, including hiring, training, and advancement opportunities, 
is key to our work. As a totally blind individual, Karla understands on 
a personal level how physical, technological, and attitudinal barriers 
can affect access to employment for individuals with disabilities and 
can keep them from full participation in the workplace, including 
hiring and promotions, and she will work tirelessly to eliminate 
discriminatory eligibility criteria in all aspects of employment for 
disabled workers.

    For approximately 15 years Karla has handled all aspects of 
litigation in Federal district and appellate courts throughout the 
country and at the U.S. Supreme Court. She is uniquely well-qualified 
to lead the EEOC's regional and field office attorneys because she has 
litigated before many of the same courts where they practice and 
understands what they need to succeed. Karla is passionate about the 
statutes that the EEOC enforces and the rights that Congress created 
the EEOC to defend. She began her legal career at Disability Rights 
Advocates, bringing cases under the Americans with Disabilities Act, 
seeking to make sure that students with disabilities had access to 
accessible course materials and that residents with disabilities had 
equal access to emergency services in the event of a disaster.

    While working at the law firm of Mehri & Skalet, she continued 
representing employees with disabilities under the ADA but also used 
Title VII to advocate on behalf of women in the finance industry who 
did not receive equal pay for equal work and Black managers who were 
discriminated against with respect to performance reviews and 
promotions. At Public Justice she continued using Title VII to secure 
improved working conditions for her clients, including a Sikh bus 
driver who experienced harassment by coworkers and students who called 
him a terrorist and mocked his beard and religious dress until 
mandatory education and training put an end to the religious 
harassment.

    Karla will work to ensure that survivors of sexual harassment and 
assault, as well as intimate-partner violence, are protected and 
supported by the statutes the EEOC enforces. Karla has a long history 
of working on these issues, as one of her first legal jobs involved 
securing immigration relief for the partner of an abuser under the 
Violence Against Women Act. While at Mehri & Skalet she also worked on 
a class action lawsuit filed with the EEOC, Taronica White v. Federal 
Bureau of Prisons, on behalf of female prison employees in Coleman, 
Florida who were repeatedly sexually harassed by male inmates and whose 
employer did not protect them from the ongoing harassment. That case 
ultimately settled for $20 million and extensive programmatic relief to 
improve the working conditions at the prison.

    Karla is a fierce advocate for workers who are treated as 
expendable or ``less than'' in any way. She's pursued cases on behalf 
of migrant farmworkers who were given rotten food to eat and not 
allowed to seek medical care when they became ill, restaurant workers 
who were told to clock out but continue working, and warehouse and 
slaughterhouse workers who were required to work in dangerous 
conditions without protective equipment during the first months of the 
COVID-19 pandemic when most white-collar workers remained in relative 
safety at home. One of her priorities if confirmed as general counsel 
at the EEOC will be to make sure that the Nation's employment 
discrimination laws are enforced on behalf of all workers, no matter 
what industry they work in, how much money they make, and whether 
they're employed directly or through a staffing agency or other 
intermediary.

    While Karla has argued over 20 cases on appeal and is proud of 
those arguments, she's settled more cases than she's argued and has 
given more educational presentations in her areas of expertise than 
arguments and settlements combined. She recognizes the importance of 
education, training, and conciliation, and will work with the 
Commissioners, EEOC career staff, employers, and other government 
agencies to ensure that the tool of litigation is used strategically to 
address repeated, systemic, or egregious violations, and that it 
complements and supports the other tools at the EEOC's disposal, such 
as conciliation and policy guidance.

    Karla believes that every employee or applicant for employment in 
the United States deserves to be treated with dignity, deserves a safe 
workplace free from harassment, and deserves a working environment 
where they can succeed to their full potential without arbitrary 
barriers or policies that disadvantage certain groups (like older 
workers, workers of color, or workers with disabilities). If confirmed 
as general counsel, Karla will strive toward this ideal of workplaces 
that are dignity-affirming, safe, barrier-free, and inclusive.

    ACB strongly supports Karla Gilbride's nomination to the office of 
General Counsel at the EEOC and urges the Senate Committee on Health, 
Education, Labor, and Pensions to confirm her nomination. We thank you 
for your time and consideration in this matter. If you have any 
questions or would like to discuss our comments further, please contact 
ACB's Executive Director, Eric Bridges, either at [email protected].

            Sincerely,
                                              Eric Bridges,
                                                Executive Director,
                               American Council of the Blind (ACB).
                                 ______
                                 
                                                 September 9, 2022.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.

    Dear Chair Murray and Ranking Member Burr:

    I write in support of Karla Gilbride's nomination for General 
Counsel of the Equal Employment Opportunity Commission. Karla has a 
well-deserved reputation as an outstanding public-interest lawyer, and 
her impressive track record reflects both her legal acumen and her high 
personal character. Since graduating with honors from Georgetown Law, 
Karla has advocated and litigated on behalf of a wide range of 
individuals experiencing discrimination or other improper treatment, 
including exploited workers, disabled consumers, incarcerated persons, 
and individuals seeking to avoid forced arbitration. As those 
experiences reflect, Karla has a strong moral compass and a deep 
commitment to protecting individuals from corporate and other forms of 
misconduct--traits that make her well-suited to lead the EEOC's 
litigation efforts.

    On a personal level, I recently litigated against Karla as opposing 
counsel in a case before the U.S. Supreme Court. Throughout the course 
of that case, Karla demonstrated the impressive characteristics for 
which she is widely known and respected. Her briefing was clear, 
rigorous, and thoughtful, as was her oral argument before the Court, 
all of which is reflected by the 9-0 decision the Court issued in her 
favor. Perhaps even more important, my interactions with her throughout 
the case were warm and collegial, and I have spoken with other 
attorneys who have likewise found Karla to be kind, courteous, and 
supremely talented. I have no doubt that she possesses the character, 
temperament, and intellect to be an asset to the EEOC.

    I hope this information will be of assistance to the Committee in 
its consideration of Karla's nomination, and I urge you to support her 
confirmation.

            Sincerely,

                                      Michael D. Lieberman,
                                     Partner, Kirkland & Ellis LLP.
                                 ______
                                 
                  National Federation of the Blind,
                                                 September 6, 2022.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.

    Dear Chair Murray and Ranking Member Burr:

    The National Federation of the Blind, the transformative membership 
and advocacy organization of blind Americans, strongly and without 
reservation supports the confirmation of Karla Gilbride to serve as 
general counsel to the Equal Employment Opportunity Commission (EEOC).

    Ms. Gilbride is a seasoned attorney with more than 15 years of 
experience fighting for the rights of the American worker and persons 
with disabilities at all levels of our judicial system, including the 
Supreme Court of the United States, in which she just this year argued 
Morgan v. Sundance where she secured a unanimous decision that lower 
courts cannot adopt rules that favor contracts to arbitrate claims over 
other types of contracts.

    In National Federation of the Blind v. the Container Store, Ms. 
Gilbride argued and won a case before the United States Court of 
Appeals for the First Circuit wherein the First Circuit ruled that 
blind customers of the Container Store could not be forced to arbitrate 
claims regarding inaccessible point of sales devices especially when 
the terms of arbitration were not accessible to the blind customers 
precisely because of the inaccessible nature of the machines 
themselves.

    She has also regularly testified before state legislatures like 
those of New York and California on the topic of compelled 
arbitrations. Additionally, Ms. Gilbride has a proven record of 
settling disputes and successful negotiations, creatively using 
alternative dispute methods, that would enable her to advise Commission 
staff in ways that are likely to increase fair, meaningful, and lasting 
settlements.

    Ms. Gilbride's decorated legal career demonstrates that she is a 
problem-solver who will successfully use all the tools at her disposal 
and her growing wisdom to help the EEOC carry out its mission more 
effectively and efficiently. As general counsel at the Equal Employment 
Opportunity Commission, we believe that she will use her considerable 
experience with written, oral, and alternative dispute resolution 
wisely to build a more just, inclusive, and equal workplace for all 
Americans.

    There is another point that perhaps cannot be underemphasized. 
Appointing Ms. Gilbride to such a substantial position sends the 
critical message that any young blind girl or one with another 
disability can dream big and reach the absolute heights of her 
profession when given a great education and true opportunity. Ms. 
Gilbride is a perfect role model for this principle. As far as we know, 
she is the first totally blind person ever chosen to argue a case 
before the Supreme Court. It is only fitting that the official sketch 
portraying the oral argument before the Supreme Court depicts Ms. 
Gilbride arguing the case competently and confidently while reading her 
Braille notes.

    It is for all of these reasons that the National Federation of the 
Blind strongly, and with great enthusiasm, supports the confirmation of 
Karla Gilbride to serve as general counsel to the Equal Employment 
Opportunity Commission. If confirmed, we are positive she will not let 
the Senate down and will serve the role with distinction and high 
competence.

            Respectfully,
                                         Mark A. Riccobono,
                                                         President,
                                  National Federation of the Blind.
                                 ______
                                 
                   The National Women's Law Center,
                                                September 12, 2022.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.

    Dear Chair Murray and Ranking Member Burr:

    The National Women's Law Center, together with the National 
Partnership for Women & Families, writes to express our strong support 
for the nomination of Karla Gilbride to serve as General Counsel of the 
U.S. Equal Employment Opportunity Commission (EEOC).

    Ms. Gilbride is an outstanding choice to serve as EEOC General 
Counsel. The EEOC enforces the Nation's Federal employment anti-
discrimination laws, including Title VII of the Civil Rights Act of 
1964 (which includes the Pregnancy Discrimination Act), the Equal Pay 
Act, the Americans with Disabilities Act (ADA), and the Genetic 
Information Nondiscrimination Act. The primary role of the EEOC General 
Counsel is to ``provide direction, coordination, and supervision to the 
EEOC's litigation program.'' \1\ The General Counsel oversees the EEOC 
regional and field offices--responsible for investigating charges of 
discrimination and obtaining relief for victims--and approves and 
recommends cases to the Commission for litigation. The General Counsel 
also plays a role in advising the Commission on agency policies and 
enforcement matters.
---------------------------------------------------------------------------
    \1\  The Commission and the General Counsel, U.S. EQUAL EMPLOYMENT 
OPPORTUNITY COMMISSION, https://www.eeoc.gov/commission (last visited 
Sept 6, 2022).
---------------------------------------------------------------------------
    Ms. Gilbride is an accomplished litigator with nearly 15 years of 
experience advocating for the right of everyday people to enjoy equal 
opportunity under the law. She has represented workers from all walks 
of life, including restaurant, \2\ slaughterhouse, \3\ and warehouse 
\4\ workers and has successfully litigated cases at every level of the 
Federal judiciary from Federal district and appellate courts throughout 
the country, to the U.S. Supreme Court. Ms. Gilbride's litigation 
background, including her experience representing clients before a 
diverse set of judges based throughout the country, would strengthen 
the EEOC's enforcement efforts, ensuring that litigation is strategic, 
complements other enforcement tools, and addresses systemic or 
egregious violations of the law.
---------------------------------------------------------------------------
    \2\  Howard v. Clyde's Restaurant Group, Inc., 1:11-CV-00687 (E.D. 
Va. 2012).
    \3\  Rural Community Workers Alliance v. Smithfield Foods, Inc., 
PUBLIC JUSTICE, https://food.publicjustice.net/case/rcwa-jane-doe-v-
smithfield/ (last visited Sept 6, 2022).
    \4\  Palmer v. Amazon, PUBLIC JUSTICE, https://
www.publicjustice.net/case--brief/palmer-v-amazon/ (last visited Sept 
6, 2022).

    Throughout her career, Ms. Gilbride has focused on ensuring that 
all individuals are able to enforce their legal rights, including under 
our antidiscrimination and employment laws. For example, as senior 
attorney and co-director of the Access to Justice Project at Public 
Justice, Ms. Gilbride has successfully challenged mandatory, pre-
dispute arbitration agreements that prevent workers and others alleging 
unlawful behavior from seeking their day in court. Companies commonly 
force workers and consumers to agree to resolve disputes in arbitration 
---------------------------------------------------------------------------
as a condition of obtaining a job or purchasing a good or service.

    These agreements are usually buried in fine print; many individuals 
have no idea they have waived their ability to enforce their rights in 
court and must instead engage in a secret process controlled by a 
private arbitrator often chosen and paid for by the company. In 2022, 
Congress banned enforcement of mandatory pre-dispute arbitration 
agreements in cases involving sexual assault or harassment; \5\ 
however, these agreements may still be used to force individuals to 
waive their ability to fully enforce their rights to be free from other 
forms of unlawful harassment, discrimination, and abuse.
---------------------------------------------------------------------------
    \5\  Ending Forced Arbitration of Sexual Assault and Sexual 
Harassment Act of 2021, Pub. L. No. 117-90, 136 Stat. 26.

    In May 2022, Ms. Gilbride argued and secured a unanimous decision 
at the U.S. Supreme Court clarifying that Federal courts must treat 
arbitration agreements like any other contract and may not create rules 
to favor arbitration over litigation. \6\ In that case, an hourly 
employee of a Taco Bell franchise filed a collective action in Federal 
court against her employer alleging violations under the Fair Labor 
Standards Act for failure to pay overtime wages.
---------------------------------------------------------------------------
    \6\  Morgan v. Sundance, 142 S. Ct. 1708 (2022).
---------------------------------------------------------------------------
    The employer engaged in the litigation for nearly 8 months before 
attempting to force the employee into binding, confidential 
arbitration. The employee opposed, arguing that the employer had waived 
its right to arbitration by litigating the case for more than half a 
year. The Eighth Circuit, following a court-created, arbitration-
specific rule, sided with the employer, finding that the fast-food 
franchise owner had not waived its right to arbitrate because the 
employee had not been prejudiced, or unfairly harmed, by the 
litigation. In an important ruling for workers and consumers, the 
Supreme Court reversed the Eighth Circuit, holding that the Federal 
Arbitration Act ``does not authorize Federal courts to invent special, 
arbitration-preferring procedural rules,'' \7\ like the one used 
against the fast-food worker in this case, and sent the case back to 
the lower court to determine anew whether the employer had knowingly 
waived or forfeited its right to arbitration.
---------------------------------------------------------------------------
    \7\  Id. at 1712.

    Ms. Gilbride has also demonstrated a commitment to ensuring that 
workers are treated fairly at workplaces free from unlawful 
discrimination. For example, before joining Public Justice, while an 
associate at Mehri & Skalet, Ms. Gilbride was part of the team 
representing over 500 women who worked for the Federal Bureau of 
Prisons facility in Coleman, Florida. The women alleged that their 
employer failed to protect them from repeated, ongoing sexual 
harassment and misconduct by prison inmates. The case ultimately 
settled and resulted in changes to the prison's policies and practices 
to improve working conditions at the facility. \8\
---------------------------------------------------------------------------
    \8\  Federal Bureau of Prisons Coleman Facility Sexual Harassment, 
MEHRI & SKLAET PLLC, https://findjustice.com/cases/coleman-sexual-
harassment/ (last visited Sept. 2, 2022).

    In addition, Ms. Gilbride has sought to ensure that people with 
disabilities have access to reasonable accommodations necessary for 
equal opportunity. For example, while an attorney at Disability Rights 
Advocates, Ms. Gilbride helped secure a victory at the U.S. Court of 
Appeals for the Ninth Circuit granting a blind law school graduate the 
right to use assistive screen reading software--the same software Ms. 
Gilbride, who is blind, uses to perform her job--to take professional 
licensing exams. \9\
---------------------------------------------------------------------------
    \9\  Enyart v. National Conference of Bar Examiners, Inc., 630 F.3d 
1153 (9th Cir. 2011).

    Ms. Gilbride's extensive litigation experience, coupled with her 
commitment to ensuring that all people have access to opportunity and 
the ability to enforce their rights, make her well-qualified to serve 
EEOC General Counsel. She is also a graduate of Swarthmore College and 
Georgetown University Law Center and began her legal career as a clerk 
to Judge Ronald M. Gould of the U.S. Court of Appeals for the Ninth 
Circuit. \10\
---------------------------------------------------------------------------
    \10\  Staff, Karla Gilbride, PUBLIC JUSTICE, https://
www.publicjustice.net/team/karla-gilbride/ (last visited Sept 6, 2022).

    We offer our strong support of Karla Gilbride to serve as EEOC 
General Counsel and urge you to approve her nomination. Please contact 
Gaylynn Burroughs, Director of Workplace Equality at the National 
Women's Law Center ([email protected]) or Michelle McGrain, Director 
of congressional Relations for Economic Justice at the National 
Partnership for Women & Families ([email protected]) 
---------------------------------------------------------------------------
with any questions.

            Sincerely,
                               National Women's Law Center,
                         National Partnership for Women & Families.
                                 ______
                                 
                    Metro Washington Association of
                            Blind Athletes (MWABA),
                                                 September 9, 2022.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.

    Dear Chair Murray and Ranking Member Burr:

    The Board of the Metro Washington Association of Blind Athletes 
(MWABA) is honored to add its recommendation of Karla Gilbride for 
General Counsel of the EEOC. Ms. Gilbride co-founded MWABA in 2015 as a 
501(c)(3) nonprofit organization dedicated to creating sports and 
recreational opportunities for blind and low vision children and adults 
across the DC metropolitan area.

    She has served on the organization's Board since its inception 
beginning as President. She currently serves as Treasurer. In this 
capacity, Ms. Gilbride has demonstrated exceptional leadership, a 
commitment to serving her community, and has mentored dozens of blind 
and low-vision people who participate in MWABA's activities. She is 
willing to listen, build consensus, and manage multiple priorities with 
grace and skill. This is why we believe she will be a thoughtful and 
effective EEOC General Counsel.

    The Americans with Disabilities Act ensures that disabled people 
have equal access to recreational opportunities, which are critical 
both for individual well-being and for ensuring the inclusion of 
disabled people in our social and cultural fabric. However, people with 
disabilities continue to experience barriers such as lack of access to 
adaptive equipment and other accommodations that are essential to 
meaningful enjoyment of sports, recreation, and the outdoors.

    Ms. Gilbride observed these gaps, which led her to co-found MWABA. 
Upon its formation, the group established the first-ever DC goalball 
team. Goalball is a blind sport developed for blind veterans following 
World War II. Ms. Gilbride then collaborated with Board members to 
establish a tandem cycling program, partnering with the Washington 
Metropolitan Area Transit Authority to install tandem bicycle lockers 
at metro stations to store donated tandems, and recruiting and training 
volunteers to serve as tandem captains for blind cyclists. Under Ms. 
Gilbride's leadership, MWABA went on to establish adaptive yoga, 
hiking, and beep kickball programs, and has partnered with DC's Bell 
Program and Virginia's Project Rise program to organize recreational 
opportunities for blind youth across the region.

    There are three hallmarks of Ms. Gilbride's leadership that we 
believe will serve as tremendous assets in her future role at the 
EEOC--her ability to listen and build consensus, her exceptional 
management skills, and her commitment to equity. As MWABA's founding 
board member, Ms. Gilbride built a strong leadership structure for the 
organization, bringing in diverse voices and adeptly channeling the 
talents and perspectives of each Board member.

    She always listens to others and encourages debate that fosters 
democratic decision-making. She is a collaborative leader with good 
judgment. She has also managed hundreds of blind athletes and 
volunteers, coordinating events large and small, from a weeknight 
tandem ride to a regional goalball tournament involving nearly 200 
participants. All the while, Ms. Gilbride has created a welcoming 
environment for athletes of all skill levels and ensured that the needs 
of all participants are met, while also balancing the well-being of the 
group as a whole. Finally, Ms. Gilbride is passionately committed to 
equity, ensuring that all MWABA members have an equal opportunity to 
participate in recreational activities, regardless of their background.

    In short, Ms. Gilbride possesses the sound judgment, commitment to 
equal opportunity, and outstanding management skills necessary to 
become an exemplary General Counsel. We sincerely hope that you and the 
Senate will confirm her.

            Respectfully,
                                           The MWABA Board,
                                               [email protected].
                                               Lori Pierce,
                                                         President.
                                                Kurt Sloop,
                                                    Vice-President.
                                             Qudsiya Naqui,
                                                         Secretary.
                                             Tajuan Farmer,
                                                      Board Member.
                                             Janice Forbes,
                                                      Board Member.
                                              Shira Gordon,
                                                      Board Member.
                                          Claire Posteraro,
                                                      Board Member.
                                               Amir Rahimi,
                                                      Board Member.
                                 ______
                                 
                                           AFL-CIO.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.

    Dear Chair Murray and Ranking Member Burr:

    I am writing on behalf of the AFL-CIO to urge swift confirmation of 
Jessica Looman to serve as Administrator of the Department of Labor's 
Wage and Hour Division (WHD), Moshe Marvit to serve as a Member of the 
Federal Mine Safety and Health Review Commission, and Karla Gilbride to 
serve as General Counsel of the Equal Employment Opportunity Commission 
(EEOC). Each nominee will fill a pivotal role in protecting workers 
across the country while ensuring our worker protection laws are 
effective and enforced.

    Jessica Looman possesses the requisite skills and experience to 
lead the Wage and Hour Division. She has built a stellar professional 
career and is exceptionally well-prepared for service. In both private 
practice and as a public servant for significant portions of her 
career, Ms. Looman has demonstrated a deep knowledge of the law and 
efficient government enforcement mechanisms. Most recently, since 
January 2021, Ms. Looman has been both the Wage and Hour Division's 
principal deputy administrator and acting administrator. Looman has 
also served as a Building Trades attorney in Minnesota and as 
Commissioner of the Minnesota Department of Commerce.

    Moshe Marvit is a distinguished labor law expert with a commitment 
to worker rights and safety. Mr. Marvit's expertise and professionalism 
while serving as a Supervisory Attorney Advisor with the Federal Mine 
Safety and Health Review Commission (FMSHRC) for the past decade 
illustrates his ability to hit the ground running if confirmed, fully 
prepared to fulfill his duties on day one. Mr. Marvit's legal 
background, along with his understanding of worker issues under the 
Federal Mine Safety and Health Act, will aid him in his review of 
decisions as a Commissioner.

    Karla Gilbride is a distinguished litigator who has devoted her 
entire career to advocating for workers in employment and consumer 
rights. She has almost 15 years of experience advocating for equal 
opportunity under the law for workers in a variety of industries, 
appearing at all levels of the Federal judiciary. Her current position 
as senior attorney and co-director of the Access to Justice Project at 
Public Justice has included successful challenges of unfair mandatory, 
pre-dispute arbitration agreements that preclude workers and others 
from seeking their day in court. She has been involved in a variety of 
matters involving the multiple statutes enforced by the EEOC including 
disability discrimination and sexual harassment claims. Given her 
extensive experience and commitment to civil rights for all, she is 
eminently qualified to serve as General Counsel at the EEOC.

    The AFL-CIO urges the Senate to confirm the nominations of Jessica 
Looman, Moshe Marvit, and Karla Gilbride so that these critical 
agencies can continue to fulfill their important roles in enforcing a 
broad array of rights and protections for American workers.

            Sincerely,
                                            William Samuel,
                                      Director, Government Affairs.

                                 ______
                                 
    [Whereupon, at 11:15 a.m., the hearing was adjourned.]

                                   [all]