[Senate Hearing 119-23]
[From the U.S. Government Publishing Office]
S. Hrg. 119-23
NOMINATION OF LORI M. CHAVEZ-DEREMER
TO SERVE AS SECRETARY OF LABOR
=======================================================================
HEARING
OF THE
COMMITTEE ON HEALTH, EDUCATION,
LABOR, AND PENSIONS
UNITED STATES SENATE
ONE HUNDRED NINETEENTH CONGRESS
FIRST SESSION
ON
EXAMINING THE NOMINATION OF LORI CHAVEZ-DEREMER, OF OREGON, TO BE
SECRETARY OF LABOR
__________
FEBRUARY 19, 2025
__________
Printed for the use of the Committee on Health, Education, Labor, and
Pensions
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
59-492 PDF WASHINGTON : 2025
-----------------------------------------------------------------------------------
COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS
BILL CASSIDY, M.D., Louisiana, Chairman
RAND PAUL, M.D., Kentucky BERNIE SANDERS (I), Vermont,
SUSAN M. COLLINS, Maine Ranking Member
LISA MURKOWSKI, Alaska PATTY MURRAY, Washington
MARKWAYNE MULLIN, Oklahoma TAMMY BALDWIN, Wisconsin
ROGER MARSHALL, M.D., Kansas CHRISTOPHER MURPHY, Connecticut
TIM SCOTT, South Carolina TIM KAINE, Virginia
JOSH HAWLEY, Missouri MAGGIE HASSAN, New Hampshire
TOMMY TUBERVILLE, Alabama JOHN HICKENLOOPER, Colorado
JIM BANKS, Indiana ED MARKEY, Massachusetts
JON HUSTED, Ohio ANDY KIM, New Jersey
ASHLEY MOODY, Florida LISA BLUNT ROCHESTER, Delaware
ANGELA ALSOBROOKS, Maryland
Amanda Lincoln, Majority Staff Director
Danielle Janowski, Majority Deputy Staff Director
Warren Gunnels, Minority Staff Director
Bill Dauster, Minority Deputy Staff Director
C O N T E N T S
----------
STATEMENTS
WEDNESDAY, FEBRUARY 19, 2025
Page
Committee Members
Cassidy, Hon. Bill, Chairman, Committee on Health, Education,
Labor, and Pensions, Opening statement......................... 1
Sanders, Hon. Bernie, Ranking Member, U.S. Senator from the State
of Vermont, Opening statement.................................. 2
Mullin, Hon. Markwayne, U.S. Senator from the State of Oklahoma,
Opening Statement.............................................. 3
Witnesses
Chavez-DeRemer, Hon. Lori M., Happy Valley, OR................... 5
Prepared statement........................................... 7
QUESTIONS FOR THE RECORD
Response by The Hon. Lori M. Chavez-DeRemer to questions of:
Senator Sanders.............................................. 47
Senator Murray............................................... 51
Senator Baldwin.............................................. 54
Senator Kaine................................................ 55
Senator Hassan............................................... 58
Senator Hickenlooper......................................... 59
Senator Markey............................................... 63
Senator Blunt Rochester...................................... 69
Senator Alsobrooks........................................... 71
NOMINATION OF LORI M. CHAVEZ-DEREMER
TO SERVE AS SECRETARY OF LABOR
----------
Wednesday, February 19, 2025
U.S. Senate,
Committee on Health, Education, Labor, and Pensions,
Washington, DC.
The Committee met, pursuant to notice, at 10:02 a.m., in
room SD-562, Dirksen Senate Office Building, Hon. Bill Cassidy,
Chairman of the Committee, presiding.
Present: Senators Cassidy [presiding], Paul, Collins,
Murkowski, Mullin, Marshall, Scott, Hawley, Tuberville, Banks,
Husted, Moody, Sanders, Murray, Baldwin, Murphy, Kaine, Hassan,
Hickenlooper, Markey, Kim, Blunt Rochester, and Alsobrooks.
OPENING STATEMENT OF SENATOR CASSIDY
The Chairman. The hearing of the Health, Education Labor,
and Pensions Committee will please come to order.
Representative Chavez-DeRemer, thank you for appearing before
the Committee and for meeting with me and others over the past
several weeks.
The Committee on Labor has the responsibility to fairly
enforce the Nation's labor laws unbiased toward one side or the
other. The Biden/Harris administration weaponized their
authority against workers on behalf of Democrats' political
supporters. They eroded the flexibility of over 27 million
independent workers, threatening their ability to provide for
their families in the manner in which they chose.
They also attempted to dismantle the franchise model,
employing over 9 million workers and empowering Americans from
all communities to become successful business owners. The
American people rejected these anti-worker policies at the
ballot box. With President Trump back in office we have the
opportunity to turn the page and enact a Pro America agenda:
empowering workers, securing economic prosperity.
If confirmed as Secretary of Labor, I look forward to
working together to accomplish this shared mission. Your
nomination and support from both unions and businesses. You're
in a unique position to build a bridge between these two groups
to benefit all workers. With potential labor disputes on the
horizon, I'm sure these relationships will be an asset to the
Trump administration.
There are concerns, however, about your past support for
the Democrats' cornerstone legislation, the PRO Act. Workers
should have the freedom to decide if they wish to join a union
or not. The PRO Act would eliminate this freedom, allowing
workers to be coerced and intimidated into unionization. I
represent a right-to-work state. This protects workers from
forced unionization.
This is of course, therefore, deeply important to me. I
appreciated our conversations on this issue. I now understand
that your co-sponsorship of the PRO Act did not reflect your
support of the legislation, but rather your interest in being
part of any group that legislated on behalf of employees'
rights. I'm sure you'll have the opportunity to explain your
position, and the Trump administration's position, and agenda
moving forward during this hearing.
Thank you again for being here. I look forward to
understanding your vision for the Department of Labor, and how
we can work together, empowering all workers and unleashing the
American economy.
With that, I yield to Senator Sanders.
OPENING STATEMENT OF SENATOR SANDERS
Senator Sanders. Thank you, Mr. Chairman. And thank you Ms.
Chavez-DeRemer for being with us. And let me begin by thanking
the Biden administration for being the most pro-worker
administration in the modern history of this country.
The mission of the Department of Labor is ``To force
promote and develop the welfare of the wage earners, job
seekers and retirees of the United States, improve working
conditions, advance opportunities for profitable employment,
and assure work related benefits and rights.'' That is the
mission of the Department of Labor, and it is a mission that is
more important now, in my view, than it has ever been.
Mr. Chairman for the past 50 years, our economy has been
doing extraordinarily well, never, ever done better for the
people on top. Top 1 percent right now is enjoying wealth in
power in a way that has never existed in the history of
America.
We now have the absurd situation, the disgraceful situation
where three people, Mr. Musk, Mr. Zuckerberg, and Mr. Bezos are
now worth over $900 billion. That is more wealth than the
bottom half of American society, 170 million people. Is that
really what America is supposed to be about?
In America today, Mr. Chairman, we have more income and
wealth inequality than we have ever had. Over 60 percent of our
people, as we speak right here, 60 percent of Americans are
living paycheck to paycheck. I grew up in a family living
paycheck to paycheck, that isn't easy. Stress level, enormous.
People trying to find out how they're going to get healthcare,
how they're going to pay their rent, how they're going to feed
their kids, which is one of the reasons why working-class
people live 6 years shorter lives than the people on top.
Given all of this reality of an economy that's working well
for the billionaire class, but not for working families, we
need a Labor Secretary who in fact is going to be a champion of
working families not be ambiguous about it, but stand up for
the working families of our Country. We need a Labor Secretary
who understands that we must raise the minimum wage, now $7.25,
Federal minimum wage. Anybody think that anybody, anywhere in
America can live on seven and a quarter and hour?
We need a Labor Secretary who will work each and every day
to make it easier, not harder for workers to exercise their
constitutional right to form a union and collectively bargain
for better wages, benefits, and working conditions. We need a
labor secretary who understands we must end once and for all
the disastrous right to work laws in 28 states by refueling
Section 14B of Taft-Hartley.
We need a Labor Secretary who understands that we must end
the international embarrassment of America being the only major
country on Earth that does not guarantee paid family and
medical leave or paid sick days. Imagine that. Only major
country on earth doesn't guarantee paid family medical leave.
We need a Labor Secretary who understands that it's
unacceptable that women earning 75 cents on the dollar compared
to men.
Mrs. Chavez-DeRemer, I have reviewed your record. And in
many respects, especially given the nature of the nominees that
Mr. Trump has brought forth, it is very good. You were one of
the few Republican Members of Congress who co-sponsored the PRO
Act, and the Public Service Freedom to Negotiate Act to make it
easier for workers to form unions. You have been a defender of
union apprenticeship programs, and you have fought to expand
the concept of employee ownership. Something that I feel very
strongly about.
Many unions, as the Chairman mentioned, have come out in
support of your nomination, and that is an interesting
development. I have spoken with you and I've spoken with union
leaders who support your nomination, but here is my concern.
If you are confirmed, you'll not only be in charge of
enforcing more than 180 labor laws that are on the books today,
you will be the President's chief Labor advisor. That's what
you'll be when it comes to labor policy, you'll have to make a
choice. Will you be a rubber stamp for the anti-worker agenda
of Elon Musk, Jeff Bezos, and other multi-billionaires who are
blatantly anti-union, they don't make any bones about it. Or
will you stand with working families all over the country? So
that is really the main issue. It's not just your record. This
is a very unusual Administration in my view.
We are moving toward an authoritarian society where one
person has enormous power. Will you have the courage to say,
Mr. President, that's unconstitutional, that's wrong, I will
not stand with you. So, with that, I look forward to hearing
what you have to say, and thanks for being with us.
The Chairman. Now, to introduce the nominee, Senator
Mullin.
OPENING STATEMENT OF SENATOR MULLIN
Senator Mullin. Thank you, Mr. Chairman. And before I read
the opening statement, I just want to point out the unique
coalition that President Trump has built here. If you take
Tulsi Gabbard, or Bobby Kennedy, and now Lori.
The last time Sean and I was in this room together
obviously we had our differences. And Bernie, I think you
remember that well, but somehow, we were able to put our
differences besides, because President Trump asked us to. And
when the words come up, like Biden administration was the most
pro-union labor person in 50 years, you got to remind yourself
he also lost labor vote by 59 percent because it wasn't
working.
But President Trump brings something unique to the table as
he's built a coalition, and Lori represents that. Lori
represents someone that is uniquely positioned to bring people
like Sean and I who presented Lori to President Trump and said,
this is someone that we can work together with. And I would
hope that you would set your bias opinions to the side and
understand that this is a negotiation between two fractions of
the party and is saying, we're willing to work together.
Employees don't exist without employers and companies don't
exist without employees. And I recognize that as much as
anybody. There is a position where we can be at, that we can
find a negotiated agreement, where we can set some differences
aside, like the PRO Act. I think my position on that has been
very, very, very clear.
Oklahoma is a right-to-work state, but unions also thrive
there. And at the same time, we can find common ground. Lori
represents that. And so regardless of what you might think
about the President, understand that this is someone that
everybody should represent and should respect.
If you're looking for a bipartisan, independent thinker
that's going to represent the union that you want Mr. Sanders,
to say that you represent, when you understand that you have a
President that's representing the Republican party, but also
won the popular vote, you would think this is someone that
you'd be very happy with, because she is directly, uniquely
positioned in the center.
I truly say that from a position that I've had to move a
long way. And if I can move, and if Sean and I can move and
come together on this, then that if nothing else should set
some type of an example, even though I do joke with my new
friend over here, which I had the mic, and he can't defend
himself here, that if we were in a relationship, I'd be the man
in the relationship. He adamantly denies that.
[Laughter.]
Senator Mullin. That's awfully strange, but I say that
because now we're friends enough that we can make fun of each
other and at the same time we can work together. And so, I want
to read my statement, but what I've covered is pretty clear.
And I wanted to say that from my heart.
Chairman Cassidy, thank you for allowing me to share my
thoughts and support on the nomination for the Secretary of
Labor.
As the Senate has gone through the advising consent process
of confirming President Trump's nominee, things have gotten
increasingly partisan and contentious. But one thing that both
sides of I'll agree on is supporting working class Americans
that power our Country's economy. No company can survive
without employees, and no employee is hired without a company.
It takes both sides to be in a boat rowing together in the same
direction to be successful.
I'm only moderately successful because I have been very
fortunate to have employees that were willing to get in the
boat with me and row in the same direction. With Lori's unique
background as a small business owner, public servant, and
through her relationship with union leaders, she has the
ability to bridge the gap between businesses and workers.
Lori's nomination reflects the historic coalition of working-
class Americans that elected President Trump to a second term
in the White House.
As a Member of Congress, she often worked across the aisle
in her efforts to support this cause. One of those issues, the
PRO Act, as has been mentioned a couple times, I know that'll
come up in conversation today. I get it, Oklahoma's a proud
right-to-work state, and yet we still support Lori.
But as both sides of the table can continue to work
together for hardworking Americans who have been struggling to
put food on the table and to create better opportunities for
themselves, their children, their grandchildren, I don't think
we have to look any farther than understanding Lori is an
independent, nonpartisan perspective who will always keep the
workforce the top of mind. And I would really encourage all of
you get to take a hard look, just like my good friend Sean and
I have done.
With that, I yield back.
The Chairman. Thank you, Senator Mullin. Representative
Chavez-DeRemer, do you have a statement? And I think you're
going to, along the way, introduce your family.
STATEMENT OF THE HON. LORI M. CHAVEZ-DEREMER, HAPPY VALLEY, OR
Ms. Chavez-DeRemer. Chairman Cassidy, Ranking Member
Sanders, and Members of the Committee, it is an honor to appear
before you as President Trump's nominee to lead the Department
of Labor. My discussions with many of you have been insightful
and inspiring, reinforcing my commitment to serve our Nation's
workforce under President Trump's bold leadership following his
historic November victory. I am uniquely prepared to lead this
department with resolve and purpose.
Before I begin, I want to take a moment to honor the
incredible people who have supported me throughout my 24-year
journey in public service. My parents, who became ardent fans
of C-SPAN when I entered Congress, are here today offering
their unwavering support. My twin daughters, Emilie, and Annie.
Emilie was here last week and I know with the postponement,
but she couldn't come back. She's 36 weeks pregnant, lives in
Michigan, and her doctor said, no more flying, so Emilie I know
you're watching and I know you support, support me here today.
And Annie, one's a Democrat and one's a Republican, and they
have been my steadfast defenders teaching me patience and the
value of an open mind.
Finally, my loving husband, Shawn, my high school
sweetheart, who has stood by my side through every triumph and
challenge. To all of you, thank you. Thank you for your
boundless love and encouragement.
I also want to thank the labor and business communities
that are here in the audience today, because they support
President Trump's vision for the American worker. I am deeply
grateful to President Trump for this extraordinary opportunity
to serve as the Secretary of Labor. It is both humbling and a
call to action that I do not take lightly.
In 2024, our Nation witnessed the single greatest political
achievement of our time. President Trump has united a new
coalition of working-class Americans like never before, with
59.6 percent of Teamsters backing him, historic support from
African American and Latino voters and record-breaking turnout
in once solid blue cities and states, Americans are speaking
loud and clear. They're calling for action, progress, and
leadership that puts the American worker first.
Like many Americans, my journey is rooted in my values
instilled by my father and mother. My father, a proud Teamster
who worked tirelessly for over 30 years. The fair pay and
benefits he received ensured our family's stability and
security. From his example, I learned the transformative power
of hard work and determination propelling me to become the
first in my family to graduate from college with a degree in
business administration.
Later, after supporting my husband through medical school,
we built our own small business. For two decades, we
successfully navigated the challenges faced by employers from
complex labor regulations, to workforce shortages and rising
costs. These experiences have given me invaluable insights into
the struggles and triumphs of American business owners,
insights I carried with me as mayor of one of the fastest
growing Oregon communities and later as a Member of Congress.
In every role, my priority has been clear: to fight for the
American worker and the business that drive our economy.
Our current economic landscape has changed dramatically
since my father worked in a creamery demanding bold action and
real change. In the last 4 years, prices have risen, wages have
fallen, and 78 percent of Americans do not feel confident that
their children will lead better lives. We have also seen major
companies like Hino Motors, General Motors, Ford, and
Stellantis have accelerated layoffs at facilities across the
country.
To rebuild confidence and strengthen our workforce, we must
invest in educational pathways beyond the traditional 4-year
degree, ensuring that every American worker has access to the
skills and training for long-term success. Part of that effort
requires honest discussion about our labor policies. I know
there has been a lot of conversation about my support of the
PRO Act. Like President Trump, I believe our labor laws need to
be updated and modernized to reflect today's workforce and the
business environment.
As a Member of Congress, the PRO Act was the bill to have
those conversations, conversations that mattered deeply to the
people of Oregon's Fifth Congressional District. I recognize
that bill was imperfect, and I also recognize that I'm no
longer representing Oregon as a lawmaker. If confirmed, my job
will be to implement President Trump's policy division, and my
guiding principle will be President Trump's guiding principle,
ensuring a level playing field for businesses, unions, and most
importantly, the American worker.
I also know that we will not always agree, but I promise
there will never be surprises. My door will always be open, and
I will never put my thumb on the scale. That commitment extends
to the work ahead of the Department of Labor, which stands at a
crossroads with a vital role in shaping a strong and resilient
economy.
As we confront these challenges, I know that everyone in
this room shares the same goal: An economy where every American
has the opportunity to thrive through good wages, safe working
conditions, and a secure retirement. My record of collaboration
demonstrates a shared belief that under President Trump's
leadership, we can deliver real solutions. Putting American
Workers first is not just a vision, but a promise to fight for
every working mom, single dad, small business owner, and every
American striving for their fair shot at the American Dream.
If I have the privilege of being confirmed, I look forward
to working with each of you to solve the challenges facing our
Country. Together we can shape our economy that uplifts every
American. I thank this Committee and I look forward to your
questions.
[The prepared statement of Ms. Chavez-DeRemer follows.]
prepared statement of lori chavez-deremer
Chairman Cassidy, Ranking Member Sanders, and Members of the
Committee, it is a honor to appear before you as President Trump's
nominee to lead the Department of Labor. My discussions with many of
you have been insightful and inspiring, reinforcing my commitment to
serve our Nation's workforce. Under President Trump's bold leadership
following his historic November victory, I am uniquely prepared to lead
this Department with resolve and purpose.
Before I begin, I want to take a moment to honor the incredible
people who have supported me throughout my 24-year journey in public
service. My parents, who became ardent fans of C-SPAN when I entered
Congress, are here today, offering their unwavering support. My twin
daughters, Emilie and Annie--one Democrat and one Republican--have been
my steadfast defenders, teaching me patience and the value of an open
mind. And finally, my loving husband Shawn, my high school sweetheart,
who has stood by my side through every triumph and challenge. To all of
you, thank you for your boundless love and encouragement.
I am deeply grateful to President Trump for this extraordinary
opportunity to serve as the Secretary of Labor--it is both humbling and
a call to action that I do not take lightly. In 2024, our Nation
witnessed the single greatest political achievement of our time.
President Trump has united a new coalition of working-class Americans
like never before. With 59.6 percent of Teamsters backing him, historic
support from African American and Latino voters, and record-breaking
turnout in once-solid blue cities and states--Americans are speaking
loud and clear. They are calling for action, progress, and leadership
that puts the American worker first.
Like many Americans, my journey is rooted in the values instilled
by my father, a proud Teamster who worked tirelessly for over 30 years.
The fair pay and benefits he received ensured our family's stability
and security. From his example, I learned the transformative power of
hard work and determination, propelling me to become the first in my
family to graduate from college with a degree in business
administration.
Later, after supporting my husband through medical school, we built
our own small business. For two decades, we successfully navigated the
challenges faced by employers, from complex labor regulations to
workforce shortages and rising cost. These experiences have given me
invaluable insights into the struggles and triumphs of American
business owners, insights I carried with me as mayor of Oregon's
fastest-growing community and later as a Member of Congress. In every
role, my priority has been clear: to fight for American workers and the
businesses that drive our economy.
Our current economic landscape has changed dramatically since my
father worked in a creamery--demanding bold action and real change. In
the last 4 years, prices have risen, wages have fallen, and 78 percent
of Americans do not feel confident that their children will lead better
lives. We have also seen major companies like Hino Motors, General
Motors, Ford, and Stellantis have accelerated layoffs at facilities
across the country. To rebuild confidence and strengthen our workforce,
we must invest in educational pathways beyond the traditional 4-year
degree, ensuring that every American worker has access to the skills
and training for long-term success.
Part of that effort requires honest discussion about our labor
policies. I know there has been a lot of conversation about my support
of the PRO Act. Like President Trump, I believe our labor laws need to
be updated and modernized to reflect today's workforce and business
environment. As a Member of Congress, the PRO Act was the bill to have
those conversations--conversations that mattered deeply to the people
of Oregon's Fifth Congressional District. I recognize that the bill is
imperfect, and I am no longer a lawmaker. If confirmed, my job will be
to implement President Trump's policy vision, and my guiding principle
will be President Trump's guiding principle: ensuring a level playing
field for businesses, unions, and most importantly, the American
worker. I also know that we will not always agree, but I promise there
will never be surprises. My door will always be open, and I will never
put my thumb on the scale.
That commitment extends to the work ahead at the Department of
Labor, which stands at a crossroads with a vital role in shaping a
strong and resilient economy. As we confront these challenges, I know
that everyone in this room shares the same goal: an economy where every
American has the opportunity to thrive through good wages, safe working
conditions, and a secure retirement. My record of collaboration
demonstrates a shared belief that, under President Trump's leadership,
we can deliver real solutions. Putting American Workers First is not
just a vision but a promise to fight for every working mom, single dad,
small business owner, and every American striving for their fair shot
at the American Dream. If I have the privilege of being confirmed, I
look forward to working with each of you to solve the challenges facing
our Country.
Together, we can shape an economy that uplifts every American.
Thank you, and I look forward to your questions.
______
The Chairman. Thank you very much. I'll begin. First
question, the protecting the right to organize act, or the PRO
Act is a significant and controversial piece of legislation
Democrats have championed for years, and it's not pro worker,
it's pro big union. To my mind, being pro worker means
defending the right of all workers, including those who decide
they don't want to join a union.
Now, you co-sponsored the PRO Act as a Member of Congress,
a yes or no, do you still support the PRO Act?
Ms. Chavez-DeRemer. Thank you, Chairman Cassidy. It was
great to visit with you. I know how important this issue is to
you. And as it was said today, I recognize that I'm no longer
the lawmaker, and I do not believe that the Secretary of Labor
should write the laws. It will be up to Congress to write those
laws and to work together.
What I believe is that the American worker deserves to be
paid attention to that was President Trump and I's conversation
in supporting the American worker, how important that is. I
will not be that lawmaker anymore, but I was working for
Oregon's Fifth Congressional District and representing that I
wanted to be at that table. I never want to be left out of a
conversation where we can talk about the American worker and
how important that is, and I respect the right of the right-to-
work states.
I have said that, that the bill was imperfect. I understand
that, and I'm no longer the lawmaker.
The Chairman. Now, the PRO Act, just to continue on that
would significantly impact franchisees and small businesses by
increasing corporate control of the operations, or at least
assuming that there's increased corporate control. This is yet
another giveaway to large labor unions, it would make it easier
for union to negotiate with large corporations instead of
directly with a small business owner who actually employs the
worker.
Question, do you believe Federal law should prioritize
policies that help small businesses thrive rather than imposing
new regulatory hurdles which could hinder their success?
Ms. Chavez-DeRemer. Senator, it's important to recognize
that the President's goal is to uplift all business owners and
uplift all American workers. Understanding the franchise
business model is important to the American workforce. I
supported the overturning of the NLRB rule on joint employer to
support the franchise business model and supported the
President in this.
I align that this is important to grow this economy and
recognize the flexibility in people choosing where they want to
do business.
The Chairman. By that, am I to take that you would commit
to reexamining DOL's joint employer guidance to provide small
businesses with a clear roadmap on the issue?
Ms. Chavez-DeRemer. Thank you, Senator. Certainly. If
confirmed, I'll be looking at all regulations and determining
and looking at all of these rules and regulations and
specifically that one.
The Chairman. I think the small employer wants that clear
roadmap.
Ms. Chavez-DeRemer. Yes, absolutely. Okay.
The Chairman. Next question. Approximately 27 million
workers work as independent contractors, including working
moms, caregivers, self-employed business owners. Now, for many,
the flexibility of independent work is essential to balancing
personal responsibilities and earning a living for their
family.
I will point out that the PRO Act tried to impose a one
size fits all rule, which as was done in California, disrupted
livelihoods instead of helping workers. So, question, if
confirmed as secretary, will you commit to refrain from
implementing any rules, stripping independent contractors the
flexibility they need to provide for their families and to
simultaneously contribute to the American economy?
Ms. Chavez-DeRemer. Thank you, Senator. Certainly, we'll
commit to understanding this. I know the President in the first
administration set out that rule and the parameters is very
important to him on the flexibility of who is an independent
contractor and who is an employee, and that they're properly
classified.
But I commit to working with you on supporting independent
contractors through this process because that flexibility is
what is needed. I understand, as you're mentioning in the PRO
Act, but again, as I mentioned, that Bill wasn't perfect, and
these are those conversations that needed to be had. And
supporting that independent contractor is key to growing this
economy now.
The Chairman. Now, supporting that independent contractor
is something I'm very interested in. How do we provide the
independent contractor with more affordable health and
retirement benefits without losing that work flexibility?
If you will, the person contracting with them, not an
employer, would nonetheless be able to give them access to such
benefits. I'm asking you if you'll work with me and with our
Committee on legislation to make sure that the independent
worker and the small business are able to get the affordable
benefits available to ordinary employees at larger companies.
Ms. Chavez-DeRemer. Yes, sir, I will commit to working with
you wholeheartedly on this issue.
The Chairman. With that, I will yield to Chairman Sanders--
--
Senator Sanders. I'll take the Chairman.
[Laughter.]
Senator Sanders. Thank you, Chairman. Oh, thank you.
Senator Cassidy. You're not the Congresswoman from Oregon
anymore, right?
Ms. Chavez-DeRemer. No, sir.
Senator Sanders. Okay. You're trying to become Secretary of
Labor. Let me back up and say a word about what the PRO Act is.
I'm not sure that most Americans know what it is. The reality
is that in America today, labor unions have the support of some
70 percent of the American people, you know why? Because people
understand that the big corporations and their bosses have all
the power. People understand that CEOs make 300 times more than
their workers.
People say, you know why, the only way we're going to get
decent wages and benefits is when we organize. Millions of
people want to join unions, but they can't join unions. You
know why? Because corporations, day after day, operate in
illegal ways, they break the law, they say to somebody, you
were late 3 years ago. You're a pro union. You were late, you
are fired. We're going to take you into a captive audience. And
for hour after hour, we're going to tell you how bad unions
are.
Do you want to join a union? Fine. You vote for a union.
We're moving the plant to China. All of that stuff happens to
be illegal. All of that stuff happens to be done every single
day by corporate America. So let me get back to the original
question. PRO Act is designed to prevent illegal behavior on
the part of corporate America, on the part of employers so that
workers can make a free choice. Do you support the PRO Act?
Ms. Chavez-DeRemer. Thank you, Ranking Member Sanders. And
I appreciate the conversation. I support the American worker.
President Trump----
Senator Sanders. Okay? I don't mean to be rude. We don't
have a lot of time. I'm gathering that you no longer support
the PRO Act is what I hear, that you support the American
worker. That's what everybody here will say.
Ms. Chavez-DeRemer, in 2021, President Biden signed the
Butch Lewis Act that prevented the earned pension benefits of
some 2 million union workers and retirees from being cut by up
to 65 percent. There are people in Congress who want to undo
that enormously important legislation. What do you feel about
the Butch Lewis Act?
Ms. Chavez-DeRemer. I support the Butch Lewis Act in
protecting their retirements.
Senator Sanders. You'll go to the match supporting it?
Ms. Chavez-DeRemer. I do support protecting people's
retirements.
Senator Sanders. Federal minimum wage is seven and a
quarter, state after state is voted to raise the minimum wage.
Somehow, we can't do it here in Washington. 20 million workers
are making less than $15 an hour. Do you support raising the
minimum wage to a living wage?
Ms. Chavez-DeRemer. Ranking Member Sanders that is an issue
for Congress to determine and raising the minimum wage. As a
Secretary of Labor, I cannot weigh in on that, that's
determined by Congress. If they want to negotiate that, I will
fully and fairly enforce the law as a Labor Secretary, if you
also choose and give you whatever data possible to make that
decision as Members of Congress.
Senator Sanders. I understand that Congress makes the law,
but you have an opinion and you will be the leading advocate
for workers if you are confirmed. Question, if you were sitting
where I'm sitting, would you vote to raise the minimum wage to
a living wage?
Ms. Chavez-DeRemer. Well, I'm not sitting where you're
sitting, hypothetically, I used to, but not any longer. But I
do recognize that the minimum wage hasn't been raised since
2009, and the cost of living has gone up. But again, I cannot
sit here and determine what that wage will be fully and fairly,
I will enforce the law, but it will be up to Congress to
determine, because that is not in the purview of the Secretary
of Labor.
For instance, in Oregon I know that in Portland, Oregon,
that the minimum wage is almost $16 an hour. And that might
work for Portland, but that's not going to work for Grants Pass
Oregon. And I know that local communities' states determine
what's best for their economy. What we don't want to do is
shock the economy. But again, sitting here today, I cannot
determine as Secretary of Labor, if it should be----
Senator Sanders. In his second week in office, President
Trump fired Gwynne Wilcox, a member of the National Labor
Relations Board, leaving the NLRB without a quorum. And what
that means right now, that if workers form a union vote, the
former union and the company says, well, I think that was
illegal, it's unfair. You can slow up the process because
there's nobody to go to. Do you believe that the firing of Ms.
Wilcox was illegal? Which I do.
Ms. Chavez-DeRemer. President Trump has a right to exercise
his executive power, how he sees in consultation with his team.
Senator Sanders. Are you concerned that we do not have a
functioning NLRB right now?
Ms. Chavez-DeRemer. The NLRB is separate from the
Department of Labor. I understand that, but I do believe that
the function of the NLRB is important, and I will always take
that into consideration doing my job.
Senator Sanders. Are you concerned that we do not have a
functioning NLRB now?
Ms. Chavez-DeRemer. Well, again, I have not been read in
with President Trump, but he has a right to exercise his
executive power. And I do believe the NLRB has an important
role independent of the Department of Labor. And I respect
their position as an independent agency.
Senator Sanders. Thank You, Senator.
The Chairman. Senator Paul.
Senator Paul. Thank you. I enjoyed our meeting in our
office. And I know you're aware of this, but about half the
country has right-to-work laws, 26 states have them. When you
compare right-to-work states with non-right-to-work states, you
see that the right-to-work states have double the employment
growth.
If you look at manufacturing jobs, they have five times the
manufacturing job growth. If you look at disposable income in
the right-to-work states, about $3,000 more per individual for
disposable income in the right-to-work states. The PRO Act
wasn't just about organizing or enabling unions to organize,
which they already have the right to do. The PRO Act was about
overturning right-to-work laws in 26 states, half of the
country. Most of these states would argue that this would be a
horrendous invasion of their prerogatives.
The Chairman asked you, and then the Ranking Member asked
you, do you still support the PRO Act? The reason we want to
know is this is a tremendous sort of invasion of the state's
rights to decide, this would be overturning the right-to-work
laws in half of the country. Do you still support the PRO Act
or don't you support the PRO Act?
Mr. Chavez-DeRemer. Thank you Senator Paul and I
appreciated our meeting as well. I thought it was quite--what
you shared with me is how important it is to you and your
state. And I heard that from many Members. The right-to-work is
a fundamental tenant of labor laws where states have a right to
choose if they want to be a right to work state, and that
should be protected.
Senator Paul. PRO Act would overturn that.
Ms. Chavez-DeRemer. Yes. Thank you, Senator. I signed on to
the PRO Act because I was representing Oregon's Fifth District,
but I also signed onto the PRO Act because I wanted to be at
that table and have those conversations. But I fully, fairly,
and support states who want to protect their right-to-work. I
have said that to every Senator that I have visited with.
Senator Paul. You no longer support the aspect of the PRO
Act that would've overturned state right to work laws?
Ms. Chavez-DeRemer. Yes. There were so many parts.
Senator Paul. That's a yes.
Ms. Chavez-DeRemer. Yes, sir.
Senator Paul. No more questions.
Ms. Chavez-DeRemer. Thank you, Senator.
The Chairman. With that, I go to Senator Murray.
Senator Murray. Thank you, Mr. Chairman. Congresswoman
Chavez-DeRemer. Welcome.
Ms. Chavez-DeRemer. Thank you, Senator.
Senator Murray. The Trump administration is violating the
bipartisan agreements in our appropriations law by refusing to
spend money that Congress, in a bipartisan manner, has passed
for the American people. I've been hearing about it in my home
state of Washington, I heard from an organization in Edmonds
about whether or not I'll now be able to provide support for
our veterans who are seeking educational and employment
opportunities as they transition to civilian life.
I heard from a workforce training program that operates
statewide about whether they'll now be able to continue to pair
workers with employers in the grocery industry. You should know
that the chaos surrounding these funding freezes is causing
real damage to people's lives. So, I want to know, will you
commit to following appropriations laws and the Impoundment
Control Act?
Ms. Chavez-DeRemer. Yes. Thank you, Senator. I know we
talked about this in your office as a Ranking Member of
appropriations, and I do respect the Appropriations Committee
as a former Member of Congress. I think everyone in this room
who's ever sat behind that dais can understand that.
Again, the President of the United States has the power to
determine what he's going to do through his executive power. I
am not confirmed. I have not been read into all that. Okay.
Senator Murray. I'm asking you; will you follow the, the
law?
Ms. Chavez-DeRemer. I will always follow the law and the
Constitution.
Senator Murray. There's a Common Control Act; will you
follow that law?
Ms. Chavez-DeRemer. I will follow the law and the
Constitution.
Senator Murray. If you receive a directive to violate
appropriations laws and withhold funding for workers, what will
you do?
Ms. Chavez-DeRemer. I do not believe the President is going
to ask me to break the law 100 percent.
Senator Murray. But we have seen that across the board
since he was put into office where he is violating that law. So
you will likely be asked, what will you do?
Ms. Chavez-DeRemer. Well, It's a hypothetical. I have not
talked to the President on this issue, and I do not believe----
Senator Murray. You'll commit to following the law if the
President tells you to violate it?
Ms. Chavez-DeRemer. I will commit to following the law, and
I do not believe the President would ever ask me to break the
law.
Senator Murray. Well, Okay. Last week, Elon Musk's DOGE
team came to the Department of Labor, and got access to the
department Sensitive Information System. Musk's companies have,
as you must know, been repeatedly accused of violating labor
laws, including workplace safety laws, discrimination laws, and
wage and hour laws.
In fact, OSHA, has investigated Tesla and SpaceX. Now Elon
can access those investigations about his companies because
he's gone in and gotten those records. He can also access
sensitive Market moving data created by the Bureau of Labor
Statistics. That gives him tremendous power to manipulate
quarterly jobs, numbers, and other important economic data to
say nothing of raising potential insider trading concerns.
Just to make this abundantly clear, Elon Musk is now in a
position to use his unelected role, to use confidential
government data to advance his own corporate interests while
suppressing his competitors. Do you believe it is appropriate
for someone with such blatant conflicts of interest to have
access to those confidential economic and personal information?
Ms. Chavez-DeRemer. Thank you, Senator Murray. If I have
the honor of being confirmed by this Committee and, and the
full Senate, then I will have the opportunity. I have not
stepped foot into the Department of Labor and I understand so
well----
Senator Murray. My question to you is, will you protect the
private information of people whose records you will be
overseeing? Will you allow anyone, a billionaire or anyone else
to come in and access that?
Ms. Chavez-DeRemer. Again, because I have not been
confirmed, I only see the reports that everybody else has seen.
I have not been read into that. If confirmed----
Senator Murray. You're not answering the question.
Ms. Chavez-DeRemer. If confirmed, I will support the
Department of Labor. I think it's important to support the
Department of Labor, but I have not been----
Senator Murray. Will you support the private information
that you will be overseeing? Will you protect that?
Ms. Chavez-DeRemer. I would protect the private
information. On this issue, I have not been privy to those
conversations with the President. I have seen that and if
confirmed, I commit to you that I will always protect the
Department of Labor and those issues.
Senator Murray. Well, let me ask you about child labor
scenario that I've been very worried about. The rise of child
labor violations, the wage and hour division at the department
has actually seen a 31 percent increase in minors employed in
violation of Child labor laws since 2019.
In the last administration, the wage and hour division at
DOL and the Solicitor's Office worked really hard to secure
some really important victories against some really egregious
violators. How will you make sure that the wage and Hour
division and the solicitor's office work together to enforce
our child labor laws in this country?
Ms. Chavez-DeRemer. Well, protecting child labor is
abhorrent and nobody should stand for child labor exploitation.
I will do everything in my power within the Department of Labor
to double down on the safety of all American workers that are
exploited, but especially child labor. And I would love to work
with your office if this is an important issue, it should be
important to everybody to making sure that we protect against
any child labor exploitation.
The Chairman. Senator Husted.
Senator Husted. Thank you, Chairman Cassidy. And it was a
pleasure to visit with you, Ms. Chavez-DeRemer in our meeting
yesterday. I appreciate you taking the time to come visit and
share your views across a variety of issues.
I would like to talk a little bit today. I know that
everyone in this hearing has talked about how they care about
the American worker and how we make the world better for them.
One of the ways we do that is we do more Made In America, which
I know is very important to President Trump.
Another way that we can consider this in terms of earning
power of the American worker is the impact that illegal
immigration has had on undermining their ability to earn higher
wages. And I'm just interested in your opinion about whether or
not you think the influx of millions of people into this
country, who many of them are here illegally, is undermining
the earning power of the American worker.
Ms. Chavez-DeRemer. Well, certainly we want to protect the
American worker and Made in America is important to the
President of the United States. I couldn't be prouder to
support the America First agenda for exactly that reason. We
certainly want to make sure that we're focused on growing this
economy. That is the conversation that I had with the
President, on how can we bring the American worker to be the
pinnacle of every conversation that we have and supporting them
in growing this economy.
Yes, the mass immigration that we've seen over the last 4
years has hurt the American worker, and we want to make sure
that we're supporting President Trump in his endeavor to
support the American worker at all costs.
Senator Husted. Great. Thank you. Let's talk about another
aspect of Made in America. If we're going to make more things
in America and we're going to compete on price so that we don't
have inflation we're obviously going to need to create more
productivity. Productivity comes from technology in the
workplace. As we integrate technology in the workplace
throughout time, it has always been a subject of conversation,
consternation but it is inevitable that technology will advance
and we will have to compete.
I would like for you to talk about your thoughts on the
role of technology in the workplace because we want to make
jobs safer, we want to make them more rewarding, which
technology can do. We also know that in creating productivity,
it can create profits for business. And we want to make sure
that the reward of that innovation is given to both the worker
and the business in terms of who benefits from the introduction
of that technology. Talk about the role of technology in the
workplace as it relates to labor and how we do more made in
America with these new innovations.
Ms. Chavez-DeRemer. Thank you, Senator Husted. We had this
conversation yesterday and how important that you've been
involved from all levels representing your states. And I've
talked to many of the Senators on this issue, and it is a
consternation about will that replace the American worker? And
I would say, there's got to be space for both because it's
going to happen. And what we don't want is for other countries
to get ahead of the game, ahead of America.
How we can work together with the American workforce, the
employers, and the employees, and how we can work with Congress
to determine what that looks like. But if there is
profitability in there and we can support the American worker,
and then we can have those American workers upskilled and
reskilled, then this is going to be great for America to grow
that economy and then share in that profit with the employees
that are supporting. I think that's the key.
The President and I had a conversation specifically on
building that bridge between the employer and the employee and
labor and business, all of that. And if we grow this economy,
we can do bigger and better things and everybody can live that
American dream, as you mentioned. So I look forward to really
diving in as a Department of Labor and giving the resources not
only to those businesses, but not only to those employees, but
to Members of Congress who can take this story back to their
states and know that the Department of Labor and me as a leader
is going to work on their behalf.
Senator Husted. A final component of that is that many,
many Americans can have higher paying jobs if they have the
right kind of skills. They don't need to go to college. They
can get there through apprenticeships. Talk about how we can
expand apprenticeships and make sure that we're helping the
American workforce get the skills they need to compete, be more
productive, and help America win.
Ms. Chavez-DeRemer. One of President Trump's No. 1 focus is
the expanded apprenticeships, is the investment in
apprenticeships, making sure that we have the skilled
workforce. I know as a former mayor and working with business
owners and working with community colleges, that not
everybody's going to get that 4-year degree. We have to pay
attention that they have the skills that they need, that they
can connect right to the business owners in their communities
and reinforce that and not have to pick up and walk away.
There's nothing that I want more than for business and
employers and the education departments to work together and
really have a skilled workforce.
Senator Husted. Thank you, Mr. Chairman.
Ms. Chavez-DeRemer. Thank you, Senator.
The Chairman. Senator Baldwin.
Senator Baldwin. Thank you, Mr. Chairman. Chavez-DeRemer,
when we met you expressed your strong support for registered
apprenticeship. So I want to dig a little bit deeper on that
last question you were asked. That was reassuring to hear,
particularly in light of the first Trump administration's
effort to fund non-registered apprenticeships, or IRAPs as
they're called.
You also said that you had not yet had an opportunity to
talk with the President about policy at the time we met. Have
you had the opportunity to talk with the President about your
registered apprenticeships? And if so, has that changed your
position?
Ms. Chavez-DeRemer. No thank you, Senator on that issue. It
is so important on the registered apprenticeships and really
investing and even doubling down on that. I know in the first
administration, and I haven't talked to the President on the
first administration's policies compared to now, on
apprenticeship from the last administration. But I think
there's a lot to learn from what happened in the, first
administration and the successes and not successes. But right
now, we're focused on the registered apprenticeships, growing
those, investing in those, and making sure that those are
adhered to. Thank you.
Senator Baldwin. I want to also dig a little bit deeper on
appropriated funds. The Labor Health and Human Services
appropriations Bill includes dedicated funding for
apprenticeship programs and specifies that the funding is only
available for registered apprenticeships. So I ask this in the
context of actions this Administration has already taken,
including a government wide funding freeze that has now been
halted by the court.
As Ranking Member of the Labor Health and Human Services
Appropriation Subcommittee, I have a particular interest in the
department implementing our bill as Congress intents. That is
why I was so alarmed to see the National Institutes of Health
flaunt the law last week, when it proposed a policy that
directly conflicts with longstanding appropriations language in
the Labor HHS bill. The Labor HHS Bill says that you can't do
it, and NIH said it was doing it anyway.
My question to you is, will you follow the law, that says
funding for apprenticeship programs can only be used for
registered apprenticeships? Yes, or no?
Ms. Chavez-DeRemer. Yes.
Senator Baldwin. More broadly, do you commit to spending
funding as Congress appropriates it?
Ms. Chavez-DeRemer. Again, as I mentioned earlier, it was
as it was asked. As a former Member of Congress, I highly
respect the appropriations process and the role of Congress.
Senator Baldwin. Thank you. The nation's nurses face
challenging working conditions and they are too frequently
exacerbated by instances of workplace violence. We talked about
that in my office. I appreciated that you said that you really
take that issue seriously. Right now, the Department of Labor
plans to issue a notice of proposed rulemaking in June of this
year for the workplace violence in healthcare rulemaking. Do
you commit to getting this proposed rule issued by June of this
year and finalized in a very timely way?
Ms. Chavez-DeRemer. Well, I can commit to working with you
on the issue because it is an important one. And, if confirmed,
I will look at every rule as it moves forward. But until then,
I haven't even, know, seen specifically on the rule, but I
commit to working with you and taking a look at it.
Senator Baldwin. Been a close conversation on that, we've
been waiting a long time, it's past due. Your opening statement
mentioned putting workers first. You've repeated that a number
of times. So I hope to have your commitment to aggressively
pursue enforcement against employers that deny workers the
wages they've earned or fail to provide safe working
conditions.
The Department of Labor plays a critical role in protecting
workers' rights, including ensuring workers get the back pay
they are owed, and investigations into allegations of child
labor law violations. If confirmed I look forward to working
with you to make sure that the department has the resources to
do this important work.
Can you commit to me that this important work will continue
under the Department of Labor under your leadership, yes, or
no?
Ms. Chavez-DeRemer. Yes.
Senator Baldwin. Can you confirm that information under the
Department of Labor's wage per hour division on their Web site
will remain up to date, publicly accessible and comprehensive
like it is today? Yes, or no?
Ms. Chavez-DeRemer. Again, I have not been at the
Department of Labor, I have not, but I look forward to working
with agency heads and making sure that people have the
information that they need.
Senator Baldwin. All right, one last question. The women in
apprenticeship and non-traditional occupations grant program,
Senator----
The Chairman. Senator Baldwin, time's expired.
Senator Baldwin. All right. I'll submit that for the
record.
The Chairman. Thank you, Senator Banks.
Senator Banks. Thank you, Mr. Chairman. Ms. Chavez-DeRemer,
we served together in the house and worked together on the
house educational Workforce Committee where you were a leader.
You worked on many of the very issues that you're testifying
about today. You are enormously qualified for this position,
and I'm proud to support you. But can you explain to us for a
moment what it means to you to put American workers first in
this golden age of America's economy?
Ms. Chavez-DeRemer. Thank you, Senator. Well, what's
important to me, as was mentioned, the American worker, but we
have to make sure that the American worker is being fortified
with not only the skills that they need in order to answer the
call, but people are looking for the American dream. People are
wanting to have the skills to work in whatever they determine
that to be.
Again, we're seeing it's not the 4-year university always,
It's the 2-year, certificate base. It's answering the call so
they can have mortgage paying jobs for their families, and
understand that we're going to protect their benefits and their
rights and safety in the workplace. The Department of Labor's
sole focus, is to make sure that we are protecting the wage
earner, that we are helping the job seekers who are out there
looking and really reinvigorating the job seekers who have
decided that they don't want to look any further.
Then protecting those retirees. As a member of education
and workforce and working together, workforce investment,
workforce development, I think is going to be key for all of
our respective states. This, shouldn't be a party issue, I've
said this over and over again, that's why I've always worked
across the aisle because the American worker, we don't know
what their party is, but we know that it matters to them to
protect their families.
I know how important my family's jobs were for us growing
up, and I know how important it was for my husband and I to
build that business for our children and soon to be grandchild.
So I look forward to continuing down that road and always
keeping that American worker at the pinnacle. And President
Trump has said the same thing, and we align on this issue. The
American worker, this new coalition, this new direction is
where we're headed in this country.
Senator Banks. Very well put. I know you know this; Indiana
is the top manufacturing state in the country, yet the China
shock wiped out 5 million manufacturing jobs in this country.
And yet the Federal Government programs that were built to help
those people who lost their jobs, way too many of them were
left behind and didn't get a job as good as the manufacturing
job that they had before because of the efforts of China to
wipe out so many of those jobs in our Country.
How can we better serve those people? How do we get those
people back on their feet and help them find meaningful good
paying jobs like the one that they had before that was taken
away by our biggest enemy, China?
Ms. Chavez-DeRemer. That's right. Well, again, it's that
workforce investment, that workforce development. Oftentimes as
a former mayor, if we don't go out and talk to the business
community, if we don't go out and talk to those employers about
what they're seeking and how they can find those jobs, we have
to make sure that we are the leaders in this Nation and in the
world, not China and not any other country.
President Trump, the golden age that you mentioned, this
has been first and foremost the America first agenda, and
workforce development and protecting the American worker and
have them the ability to earn those wages and live the American
dream is No. 1 in the America first agenda. That to me is
telling, why this coalition, this new direction of bringing
labor and business and support is to uplift all Americans. And
this is first and foremost on the President's mind.
Senator Banks. Back in November when President Biden was
still in office, his labor department reported a 31 percent
increase over the last 5 years of illegal child labor in
America, a direct result of open borders. And I wonder what
have you thought about what the Labor department or President
Trump and your leadership can do to save those kids who are in
our Country being illegally exploited for work in America?
Ms. Chavez-DeRemer. Well, I have not had a conversation
specific to that topic but I know how important it is to
protect. Well, first of all, children who have no fault of
their own are being exploited. We never want to exploit. And
our children it's, again, as I mentioned, it's abhorrent that
we would ever in this country choose to do so.
We will make sure that our workers are safe. We'll make
sure that our children are safe, and that we'll make sure that
we are heading in the right direction to protect our businesses
and protect our workers, and never exploit our children. We'll
double down at the Department of Labor if there's any bad
actors doing so.
Senator Banks. The Labor Department is responsible for
combating human trafficking. And forced labor under the Fair
Labor Standards Act. And the Biden administration completely
ignored these kids that were brought here illegally and being
exploited. And I know that's something that you'll take very
seriously and work on. I look forward to working with you.
Ms. Chavez-DeRemer. Absolutely. Thank you, Senator.
Senator Banks. I yield back.
The Chairman. Senator Murphy.
Senator Murphy. Thank you very much Mr. Chairman. Thank you
very much for your willingness to serve and coming before this
Committee. I think Senator Murray's questions were really
important regarding the security of data and sensitive
information at the Department of Labor.
I just want to drill down and maybe make a finer point
here. Elon Musk is right now the subject of several OSHA
investigations. Multiple companies are subject of multiple
investigations. His rocket company has an injury rate that's
about nine times higher than the industry average.
I heard you say that you're going to protect data privacy,
but let me just ask once again the very specific question. Will
you commit to denying access to Elon Musk or any of his
representatives to information about labor violations at OSHA
or any other information about labor violation investigations
at the Department of Labor?
Ms. Chavez-DeRemer. Thank you, Senator. On this same issue,
committing to the privacy, again I know that for most listening
to this, it seems as though when we're trying to answer these
questions, but I have not been in these conversations as I'm
not confirmed. I only see what has happened possibly on the
news and so forth.
The President has the executive power to have his coalition
of advisors and determine what's best for the American people.
He made a promise to the American people that he was going to
do these things and check into what is happening. Other than
that, I have not been read in on any of this. And if confirmed,
I commit to taking a deeper look and working with your office
and in any other office on this issue. But at this point----
Senator Murphy. This one feels pretty simple, right? I
mean, this is an individual who owns companies that have
existing investigations, he has a direct interest in getting
information about the seriousness of those investigations. He
has interest in getting information about investigations
against his competitors. It seems like a pretty simple
commitment to make; to say, I am not going to give any private
company exclusive access to information about open
investigations against them or their competitors. I mean, why
can't you just make that commitment to us?
Ms. Chavez-DeRemer. Well, again the President has the
executive power to exercise it as he sees fit. I am not the
President of the United States. I work for the President of the
United States, if confirmed. And I will serve at the pleasure
of the President.
On this issue, again, I have not been into the Department
of Labor, and so I will commit to working with your office,
I'll commit to coming back as soon if confirmed and I'm in the
Department of Labor, coming back and answering those questions
to this Committee wholeheartedly. I'll commit to that.
Senator Murphy. But you have the ability to disagree with
the President. You certainly serve at his pleasure, but that
doesn't mean that you have to take actions that you believe to
be unethical. If the President asks you to give access to
information to benefit a friend of his who has pending
investigations, you wouldn't say no?
Ms. Chavez-DeRemer. Well, I certainly--well the President I
think in building his team, a formidable team, I'm to determine
that I don't think is expecting, yes men and women, we are
going to be advisors to the President, and I would talk to the
President. But on this issue, one, I'm not an attorney. I would
certainly consult with the Department of Labor Solicitors; I
would certainly consult with the White House and their
attorneys. But until I am confirmed and in the Department of
Labor, I would not be able to say specific to this without
having the full picture before that.
Senator Murphy. I don't think you need to be an attorney to
understand that giving access to a company to sensitive data
about labor violations at their company or to competitors
companies is deeply unethical.
Let me ask you another question. Both SpaceX and Amazon
have filed suits against the NLRB contesting its
constitutionality. It's a pretty extreme argument saying that
the NLRB is actually unconstitutional. I know you were asked
earlier about the firing of one of the members. Do you believe
that the NLRB is constitutional?
Ms. Chavez-DeRemer. I believe the NLRB definitely has its
authority, and I respect that authority. I know you mentioned,
or I mentioned that I'm not an attorney. That being said, it
looks like the courts are dealing with that. But what I respect
is the fact that it is separate independent agency and I think
it has a role to play, and I respect that. And as the
Department of Labor secretary if confirmed, I will take that
very seriously.
Senator Murphy. But you believe that it's constitutional?
Ms. Chavez-DeRemer. Yes, I believe that the----
Senator Murphy. Well, you can answer that question real
fast.
Ms. Chavez-DeRemer. Yes. Thank you. I definitely believe
that the NLRB is an important agency independent, and I will
work with the NLRB as we have very different jurisdictions, but
we often overlap. And so I think it's important to recognize
that is an important agency, independent and so forth.
The Chairman. Senator Moody.
Senator Moody. Thank you, Chairman Cassidy. Oh, Hello,
congratulations on your nomination. Thanks for being with us
today.
Ms. Chavez-DeRemer. Yes, thank you.
Senator Moody. I wanted to follow-up on something my
colleague Senator Banks brought up. And you mentioned that you
had not had a conversation about this, but I'm hopeful that you
have paid attention to what's been going on and studied what's
been happening to so many children throughout our Nation,
especially over the last 4 years.
It is common knowledge now, it is not a political opinion,
that under the Biden administration, hundreds of thousands of
minor children flooded into our Country. Many were forced into
labor trafficking, working many hours a day under even
undercutting American wages. But to the detriment of many of
these children, some were injured, some died. It was
heartbreaking.
As a mother of a child that is around the same age that
some of these children were forced into this labor, I find it
appalling that more people were not speaking out about this and
certainly, unacceptable that we had an administration that was
not talking about this every single day when these horrors were
taking place in our own Country. Florida was so upset about it;
we kept asking routinely for more information from the
Administration so that we could monitor what children were in
our state and care for them and account for them. We even
launched a grand jury investigation.
I just wanted to quote for you what that grand jury found.
And again, this is community members, not politically driven.
``The Biden administration forced migration, sale, and abuse of
foreign children. This process exposed children to horrifying
health conditions, constant criminal threat, labor and sex
trafficking, robbery, rape, and other experiences not done
justice by mere words''.
The challenging part here is, as we've uncovered more and
more instances of this, it appeared that the Department of
Labor was not engaging and expecting the same type of
transparency that many of the states were, even though the
Department of Labor had the responsibility and authority to
enforce some of this stuff.
When we tried to get Biden administration representatives
to come and testify and give us information, and provide
documents, we were repeatedly stopped, obstructed from doing
that. And in fact, they responded to one of our requests that
they show up by saying ``the state had failed to show how it
was in the interest of the agency'', when all we were seeking
to do was to fight in the interest of the tens of thousands of
lost children.
I will ask you, if you are given this enormous
responsibility, do you commit to doing everything in your power
to enforcing the child labor laws and working with the states
that so desperately want to protect the children in their
states, that believe they have the responsibility and the
ability to do that?
Ms. Chavez-DeRemer. 100 percent, Senator. As I mentioned,
what has happened over the last 4 years has been horrendous. It
is not something that United States stand for and again, it is
not a political issue. This is protecting children, and we
should not ever allow that to happen in this country. And I 100
percent commit to you that I will work with your office, and
any other office in order to protect those children and
understand that we should never accept this in the United
States.
Senator Moody. You know, there was some words recently
promoted in a memo by President Trump and his administration,
radical transparency. And I think that is essential in moving
forward from these agencies, so that the people understand what
is taking place in their country under their noses. Because we
know any power that rests in this government rests with the
consent of the governed.
I think as we are waking up to what has been happening,
many are saying we never gave that consent. And we as a
Congress need to hold the agencies accountable to that. I want
to now direct your attention to right-to-work laws and states
that have chosen to pass right-to-work laws like the state of
Florida. We passed legislation to ensure, that for example,
dues could not be forced out of people's paychecks, that was
very important within our state.
When the Department of Labor saw that under the last
administration they sought to threat to withhold funding from
the state of Florida, when we promoted our own policies to
ensure reasonable collective bargaining and, and right-to-work
laws. We brought suit, I fought that in court that is still
pending. It is on appeal right now. Do I have your word that
you will look at that, dig in on that, determine if those
threats were indeed justified and if not, work with the state
of Florida to resolve that?
Ms. Chavez-DeRemer. Yes. Well, it is in litigation, I can't
comment on the actual litigation. I do look forward, if
confirmed to working with your office and taking a hard look at
that and respecting what the state of Florida is doing with
their right-to-work life.
Senator Moody. Put simply, do you respect the ability of
the states to enact policy and the benefit of our own states?
Ms. Chavez-DeRemer. Yes.
The Chairman. Senator Kaine.
Senator Kaine. Thank you. And thank you to Representative
Chavez-DeRemer for the good discussion we had about a month
ago. You said you respect the National Labor Relations Board
and want to work together with it, though they are independent.
The National Labor Relations Board is created by statute and
it's the Law of the land, correct?
Ms. Chavez-DeRemer. Yes Sir.
Senator Kaine. It was created pursuant to the National
Labor Relations Act, which was also a statute and is the law of
the land, correct?
Ms. Chavez-DeRemer. Yes, sir.
Senator Kaine. Currently the NLRB lacks a quorum because of
actions of President Trump. The legality of his removal of an
NLRB member is being contested in court. But the NLRB should
have a quorum, shouldn't it?
Ms. Chavez-DeRemer. Well, in order to do business, I
suppose, yes.
Senator Kaine. Your opinion is that a President of either
party or a Congress of either party should assure that the
National Labor Relations Board has a quorum, correct?
Ms. Chavez-DeRemer. Yes.
Senator Kaine. Because in the absence of a quorum, it can't
do its job.
Ms. Chavez-DeRemer. Correct. That would be on its face,
yes.
Senator Kaine. The Equal Employment Opportunity Commission,
do you believe in the notion that workers should have equal
opportunities?
Ms. Chavez-DeRemer. I'm sorry, could you repeat that?
Senator Kaine. Do you believe in the notion that workers
should have equal employment opportunities?
Ms. Chavez-DeRemer. Absolutely.
Senator Kaine. The EEOC is an independent agency, but it
deals with workers. And you've said you want to put workers
first. The EEOC right now lacks a quorum. The EEOC was created
by statute, and it's the law of the land, correct?
Ms. Chavez-DeRemer. Yes.
Senator Kaine. Have you ever taken the position as a
Congresswoman that either the NLRB or the EEOC should be
defunded or eliminated?
Ms. Chavez-DeRemer. No, not that I recall.
Senator Kaine. Since the EEOC is the law of the land, and
it's important that workers have equal employment
opportunities, the EEOC should have a quorum to operate,
correct?
Ms. Chavez-DeRemer. Yes.
Senator Kaine. Because of actions of the President, the
EEOC currently has no quorum and cannot operate to protect
equal employment opportunities. But you would agree with me,
similar to the discussion we had about the NLRB, that it being
the law of the land, any President of either party and any
Congress of either party, should ensure that the EEOC has a
quorum so it can protect workers, correct?
Ms. Chavez-DeRemer. Yes.
Senator Kaine. The Department of Labor has some specific
programs designed to benefit veterans. There's a, a couple of
programs within the DOL focused on veterans' employment needs.
Should you be confirmed, would you take those obligations to
watch out for American veterans seriously?
Ms. Chavez-DeRemer. Absolutely.
Senator Kaine. If you became aware that an employer, a
major employer, was taking actions that disproportionately
negatively affected veterans, would that concern you?
Ms. Chavez-DeRemer. Yes.
Senator Kaine. The mass firing that President Trump is
doing within the Federal Government right now, is hitting
veterans very, very hard. The civilian workforce is about 3
percent veteran, the Federal workforce is 30 percent veteran
and veteran workers are also disproportionately probationary
employees. The actions thus far taken by this Administration
are punishing American veterans badly.
I live in one of the states that has the highest per capita
representation of veterans. We're seeing people laid off at VA
clinics. I have two VA clinics that are supposed to open in the
next couple of months whose opening is jeopardized because of
the mass firings. And even outside of the VA. The
disproportionate effect of the firings to this point, fall hard
upon veterans. I'm happy to hear that you will take it
seriously if any major employer in this country
disproportionately punishes veterans. Do you know what a
restrictive covenant is?
Ms. Chavez-DeRemer. I do not.
Senator Kaine. A restrictive covenant is when an employer,
as a condition of employment, makes an employee say, and if you
leave, you can't work with anybody in the same industry. I'm
sure you're familiar with the concept, people use different
titles, but you're familiar with the concept. Do you think
restrictive covenants limiting a worker's ability to choose
where they want to work is anti-worker?
Ms. Chavez-DeRemer. Well, I'm assuming you're probably also
naming those as the non-competes. Is that what you're referring
to?
Senator Kaine. Yes, actually non-compete is better. Yes.
Right.
Ms. Chavez-DeRemer. Yes. I'm sorry, when I didn't recognize
the other term.
Senator Kaine. Both are used, but non-compete is probably
more common.
Ms. Chavez-DeRemer. I know that's primarily taken up by
most of the state jurisdictions on whether that's their law or
not their law and determined by that. So I think it's dependent
on what the state's laws are and how they focus on----
Senator Kaine. If you want to put workers first,
restricting their ability to find a job after they leave one
employer, that's not putting workers first. It restrains
workers. The reason I ask is that in the absence of quorum at
the NLRB, the NLRB General Counsel has just issued a memo
rescinding a previous order of the Biden administration,
protecting workers, put workers first.
Ms. Chavez-DeRemer. Thank you, Senator.
Senator Kaine. I yield.
The Chairman. Senator Collins.
Senator Collins. Thank you. Ms. Chavez-DeRemer, a major
provision of the PRO Act which you co-sponsored would eliminate
secret elections when workers vote on whether or not to
organize. The secret ballot, obviously helps to protect workers
from intimidation, pressure, and retaliation. Do you continue
to support the elimination of secret ballots in union
elections?
Ms. Chavez-DeRemer. I do not support that portion. That's,
an important--supporting the secret ballot is key, not only to
protect the employee from maybe a bad union, but also a bad
worker. So I think it's good to have that democracy in keeping
those ballots protected. The secret ballot.
Senator Collins. Let me turn to a different issue. In the
last administration, OSHA published a proposed rule that would
affect our firefighters and our fire departments. I've heard
directly from many volunteer and rural firefighters from the
State of Maine who have concerns about the high compliance
costs and what they view as totally impractical training
requirements that this rule would impose.
Some of the larger departments could accommodate these
changes. But the majority of the fire departments in Maine are
not large. They're serving small rural communities. OSHA itself
has estimated that the nationwide compliance costs could exceed
a hundred million dollars per year for volunteer fire
departments alone. And so the result is going to be closed
departments to reduce firefighter workforce and harming public
safety in small rural communities.
Although there may be some benefits to take a look at the
old standards and see if they are updated, what OSHA has
published would be extremely harmful and actually decrease
public safety in rural America. What is your position on this
rule? And will you reexamine it if confirmed?
Ms. Chavez-DeRemer. Yes, Senator Collins. I will look to
reexamine. I would imagine all rules and regulations confirmed
once I can get in those doors and fully understand. But
protecting our first responders, we've seen it in a small
community like Happy Valley, Oregon and beyond, protecting our
firefighters and making sure they have the resources they need
and helping them, of course, comply, but sometimes
understanding what that compliance looks like, I think is a
remit of the Department of Labor for all rules and regulations.
People want to comply, but the cost that they would close
their doors is not going to be good for any community. And I
promise you, if confirmed, that I will take a hard look at that
regulation and work with your office as well.
Senator Collins. Thank You. Last year, the State of Maine
had 15 million tourists. That is about 10 times our state's
total population. So it's not surprising that those who are in
the hospitality industry, despite every effort, cannot come up
with a sufficient number of employees to serve the flood of
tourists, which we are very happy to welcome to the great State
of Maine.
We rely heavily on seasonal worker visas known as H-2B
visas, to help fill that workforce gap. Can you commit to
making available the maximum amount of H-2B visas that Congress
authorizes? There's some discretion on what the number will be,
but Congress gives the Administration the authority to go to
the maximum level.
Ms. Chavez-DeRemer. That's right, Senator. I commit to
working not only with you all, and this is brought up by many
of you in our meetings on how important the H-2A, H-2B, H-1B
visas are and the seasonal visas. I'll work with the Department
of Homeland Security Secretary Noem, in looking at those caps
and the Department of Labor's role and remit on this is testing
the market and understanding who's asking for these permits,
and then working with the Department of Homeland and the
Department of State to talk about that cap and whether or not
Congress wants to enact that. So yes, I commit to working with
you and them as well.
Senator Collins. Thank You.
The Chairman. Senator Hassan.
Senator Hassan. Thank you, Mr. Chairman, and good morning
still, Congresswoman, it's good to see you. And I appreciated
the time we had when we met in my office a little bit ago. I
appreciate your willingness to serve and that of your family. I
wanted to follow-up before turning to a couple of questions I
have on a line of questioning we heard from Senator Murray.
I take it from her questions and your answers that you have
stated that if you are directed by the President to take an
action that would break the law, you would follow the law?
Ms. Chavez-DeRemer. Absolutely. I will follow the law on
the Constitution. I do not believe the President would ask me
to break the law.
Senator Hassan. I understand that as the response from
nominees, we've seen a lot of evidence that he will in the last
4 weeks. And then I wanted to follow-up on Senator Murphy's
point about Mr. Musk's access to DOL information. And this is
not a question, but I just want you to understand why we are
focused on this. Mr. Musk spent a quarter of a billion dollars
to get Donald Trump elected. And since inauguration day, we
have found out that the State Department was planning to give
Tesla a $400 million contract for armored vehicles.
Now, we find that Elon Musk has access to the Department of
Transportation records and data systems, when in fact, he's
being investigated by DOT because of multiple inquiries into
the safety of Tesla vehicles and the deaths they may have
caused.
Then we find out that he's got access to the Department of
Labor information. He's got programmers with him when we know
that he's being investigated by the Department of Labor. So it
seems like Mr. Musk is getting a big payback from Mr. Trump
right in the first month of this Administration. And that
concerns us greatly. Now, I did want to turn to a couple of
issues that you and I talked about.
We have a shared interest in increasing access to
apprenticeship and workforce training, and there's been real
bipartisan focus on that. If confirmed, will you expand these
programs? And how will you prioritize rural communities in this
effort? Because getting apprenticeship programs in rural
communities to fit the actual economy and workforce needs in
those rural communities is a pretty unique thing. And I would
like your thoughts on that.
Ms. Chavez-DeRemer. Thank you, Senator, and I enjoyed our
conversation as well. Again, a lot of this information that I
experience comes from being a former mayor, and then having the
experience as a Member of Congress as well, to understand how
the laws are made. But in the rural areas, oftentimes they are
forgotten. It's a forgotten parts of a lot of our states.
One of the things we talked about is the hubs, and I think
I talked about that with Senator Hickenlooper as well. And
knowing that there are programs that are going to skill the
workforce in those rural communities.
For instance, an example in Oregon, one of the hubs--I
think I mentioned to you and Senator Hickenlooper was it's a
real direct--while it's not an apprenticeship program, until we
can fortify or work toward possibly what that looks like in
other parts of certain industries we talked, I think about the
healthcare industry specifically, is working with our community
colleges and our local technical colleges to have those
certificate base so that we have that workforce right in those
communities.
When we take that information from our businesses, and we
kind of back into degrees for our students in order to do that.
But I look forward to working on a bipartisan level to really
fortify those apprenticeship programs so that we can have that
skilled workforce.
Senator Hassan. I would look forward to working in a
bipartisan way on that. One of the things we could do is to
pass the bipartisan bicameral reauthorization of the Workforce
Innovation and Opportunity Act that we agreed to last Congress.
So that's an important way we could move forward.
With 2.6 million workplace injuries and illnesses reported
annually, we have to do more to protect the health and safety
of our workers. Yet workers still have to fight for common
sense protections like air conditioning for delivery drivers
during the scotching heat of the summer, and properly fitting
protective equipment for construction workers. If confirmed,
how will you coordinate and prioritize workforce safety across
all of DOL'S agencies?
Ms. Chavez-DeRemer. Oh, thank you, Senator. Again, one of
the remits for the Department of Labor is to protect the
workplace. Make sure that they're free of hazard, make sure
that we're protecting the American worker. Nobody expects to go
to work in the morning and be unsafe or be hurt. So it will be
the role to work with the experts in all of the departments
across the Department of Labor to make sure that we're honoring
the mission of the Department of Labor.
Senator Hassan. I would appreciate that. I also appreciate
the fact that you rightly respected the expertise of some of
our Federal workforce there because they know a lot about
workplace safety, and I don't want them to be subject to these
mass layoffs we are seeing. I will submit for the record a
question about paid leave. We were able to expand it in for
Federal workers under President Trump's first term. I'd
appreciate your thoughts on that. Thank you.
The Chairman. Thank you, Senator Hassan. And Senator
Mullin, I apologize if you snuck in just before Senator
Collins.
Senator Mullin.
Senator Mullin. It gave me time to get my head in place.
Thank you, Chairman. And I just kind of want to point out some
interesting things that's going on. The Senator from New
Hampshire was complaining about a contract that was awarded by
the Biden administration, and somehow, you're tied it to the
Trump administration for Tesla.
I don't actually know how those work. I mean as good as I
do, that was the contract that was given by the Biden
administration, or that was looking to be given by the
administration, not the Trump administration. And somehow
that's a conflict of interest. And then when we start talking
about that, you're concerned about Mark and Jeff and Elon. It
wasn't too long ago; you guys were happy to take all their
money. It's just the party that's supposed to be of inclusion.
Now, all of a sudden, if you don't agree with this, you're the
enemy.
I'll use my friend Sean, for example. He was brave enough
to speak and spoke his mind on some things that maybe all of us
didn't agree at the Republican Convention. And for the first
time in decades, he was not invited to speak at the Democrat
National Convention. Why? Because he had a different opinion
about where the democrat woke movement has gone. What happened
to the inclusion? Yet what we do is we spend all of our time
complaining and making reckless accusations about something
that's absolutely false.
When you guys don't want to hear it, you guys just accuse
everybody else of being a criminal and for some reason being
compromised. It's ridiculous. Absolutely ridiculous. It's the
same thing we heard in 2017, and yet you guys are just
recycling. You guys are doing nothing but trying to stir your
base by fear when it's absolutely 100 percent wrong and
shouldn't even exist.
Now, with my rant over I like to turn back to Lori and ask
you a question. You're very uniquely positioned, I made that
clear when I was introducing you. Coming from a very blue state
and being a Republican that's very heavily union, and you've
been backed by the union. You have the support of a new
coalition that President Trump has brought together. What role
do you think you play in this new coalition?
Ms. Chavez-DeRemer. Thank you, Senator Mullin. For, for
one, thank you again for being here today and introducing me.
But on this question, building the bridge, and I think that
this is the new direction. 77,300,000 Americans voted for
President Trump. We know that the American worker, wherever
they are on the continuum, if it's organized labor, if it's
employees, if it's employers they supported and gave the
President a mandate. He won 312 electoral votes. He won all the
swing states, and he did have a mandate.
But in that mandate, what's unique about this time, is the
fact that he included the American worker of being first. He's
talking about the men and women who build this country, that's
the focus. And I believe that the President nominated me to
bring my experience, not only as a mayor, not as a business
owner, but because I did garner labor support.
The President and I align in this issue, that if we focus
on the American worker, despite the politics that is going to
come up, sometimes, we're not going to agree on everything, but
we can agree that we are at a pivotal moment in this history to
capitalize and support the American worker, and that everyone
can achieve the American dream.
I know how important that was for my family. I know how
important that is to all your constituents. And I want to bring
people to the table. And when they're at that table, I want
them to stay at that table because I know sometimes, they're
going to disagree. But it is not to put the thumb on the scale.
It is not to weigh in and support on each side. It's to keep
them at that table till they determine that they can solve the
issues. Just like you and Sean O'Brien.
This is important to the President, it's important to me.
He asked me to be an extension on his team, a formidable team
where we won't forget that. And I won't forget that. I'll work
hard every day to be the leader that this country deserves at
the Department of Labor to carry on that message for the
President.
Senator Mullin. One of President Trump's main focus was
bringing jobs back to manufacturing. In fact, American first
agenda was all about protecting the American workers. How do
you plan on working uniquely with both sides to bring
manufacturing back to the United States?
Ms. Chavez-DeRemer. Well, again, thank you for this
question, because it is where we have been lacking. We have
seen communities be decimated, small rural communities where,
Oregon is a timber industry, and they have been decimated over
the last 15-20 years. We have to bring those back so we can
buildup our communities. I look forward to investing in the
workforce, again, it was mentioned, we owe which is a
bipartisan effort.
As a member of--workforce, I was proud to honor that. And
if President Trump wants to bring that forward, I look to
working with all of your office for that workforce investments
to buildup those jobs, to reinvest in those manufacturing jobs.
Senator Mullin. Thank you so much.
The Chairman. Thank you, Senator.
Senator Kim.
Senator Kim. Thank you, Chairman. Thank you, Congresswoman,
for coming on out and talking to us. In your opening statement,
your written testimony, you talked about putting American
workers first as the priority here, and I appreciate that. I
think a lot of us agree with that.
I guess I just wanted to ask you, because you talked about
the vision that you have that should be a vision for our
Country. So I guess I wanted to ask you to sort of expand on
that vision. Is $7 and 25 cents an hour, is that enough to live
on in America in the year of 2025?
Ms. Chavez-DeRemer. Thank you, Senator. For the question I
know Ranking Member Sanders asked the same question. I
recognize that it hasn't been changed, the minimum wage, I
guess.
Senator Kim. I'm just asking you like, is do you think
that's enough for a worker to live on? I'm just trying to get a
sense of your vision for what the standard of life for an
American worker is.
Ms. Chavez-DeRemer. Well, I mean, again, for every state,
for every community, again, I mentioned Oregon, what happens in
Portland doesn't happen in Grants Pass. It certainly doesn't
happen.
Senator Kim. I understand that about Oregon. But like, I
guess I would ask you, what is 7.25 an hour? That is what, in
an annual term, do you know off the top of your head? Oh, it's
not a math question, so I'm just trying to get a sense of--so
it's about $15,000 a year. Yes. So I guess I just want to ask
you, do you think that there is a state in this country where
someone can live comfortably on their own for $15,000 a year?
Ms. Chavez-DeRemer. Well, I don't know if there is, but I
would look to work with Congress. This is a congressional
issue. I hope I can support you in telling the story of what's
happening on the ground, but that's what----
Senator Kim. I'm just trying to get a sense of from you is
what your vision is. Because I do want to try to engage and see
if we can work on that together. So, for instance, biggest
issue I keep hearing about is about affordability of housing
and the challenges that people are facing when it comes to
that.
Again, I'm just trying to get a sense of where you're at on
this. Do you have a sense of what percentage of someone's
salary should go toward housing? Is there an upper limit in
your mind of where you'd like to see that?
Ms. Chavez-DeRemer. Well, I know oftentimes they talk
about, if it's 10 percent, 20 percent, but here's my
commitment, Senator. My commitment to you is to tell that
story. I will come out and visit every state and, and
understand what's important to them, and tell that story not
only to the President, but also work with Members of Congress.
And if you all see fit, I will fully and fairly enforce the
minimum wage laws that you all see fit and work together. I
know, again, I will----
Senator Kim. This will be a conversation between us here.
It's important. I mean, like, it's not just on us. You're going
to be somebody who's supposed to be fighting for sure for the
American worker. Is 50 percent of someone's salary too high in
terms of what goes toward housing?
Ms. Chavez-DeRemer. Well, again, depending on what the
salary is, people can determine that. I mean, if I had to take
a guess, you are wanting me to say yes or no. It's hard to
guess on what people want to spend on their housing, but I do
want to help the American worker. I want them to make enough
money. I want to give them the opportunities. And I want to
work with Congress on this issue because it is important. This
is a sensitive issue. We hear about it all the time.
Senator Kim. Yes. So, as I said, the top issue, and I'll
say that, when it comes to the lowest median rents that we see
in this country right now, it's around $850, $900 a month,
which is at around $10,000 a month. Some of the states where,
again, the minimum wage is $15,000 a year, so talking about two
thirds of their salaries, when it comes to paid leave, I mean--
I know a colleague of mine was going to raise this, we were
able to move forward on government employees. I want to just
get a sense; do you believe that all American workers are
entitled to paid leave?
Ms. Chavez-DeRemer. Well, again we don't have a Federal
paid leave.
Senator Kim. Should we? I'm just trying to get a sense of
your vision. I get it, you're not a mayor anymore, but like,
I'm just trying to get a sense of what you're going to be
fighting for. What's your vision for the American worker?
Ms. Chavez-DeRemer. Yes. Well, my vision for the American
worker is to achieve the American dream. To have opportunities.
Senator Kim. I understand those opportunities, but is a
part of the American dream paid leave for all workers?
Ms. Chavez-DeRemer. Well, again, I cannot commit to you
today that I would say 100 percent paid leave across the board
is something that should be taken up by the Federal Government
its dependent of states. State of Oregon, again, they choose to
do that respective of their states.
I want people to have the opportunities to keep more of
their hard-earned dollars. I know the President again, is in
line with the America First agenda to have those freedoms to
keep those dollars that they earn. And we want to make the most
prosperous opportunities available for them to earn the most
based on what they are skilled to do and, and offer them the
development and the skills that they can to earn that
opportunity. I want this more than anything.
Senator Kim. Look, I want it too. And that's why, if
confirmed, I want to work with you on this.
Ms. Chavez-DeRemer. Absolutely.
Senator Kim. But I'll just tell you, like, when I talk to
workers back in New Jersey, they say it feels like death from a
thousand cuts right now. There's housing, there's healthcare,
there's so many other things, they're working two to three jobs
just to be able to get by. They're not asking for the moon.
They're just asking to be able to live a life of dignity and
decency. And I hope that we can at least be able to stand up
and say that's what we're going to fight for. I yield back.
Ms. Chavez-DeRemer. Thank you.
The Chairman. Senator Tuberville.
Senator Tuberville. Thank you. Good morning.
Ms. Chavez-DeRemer. Good morning, coach.
Senator Tuberville. Let's beat a dead horse here. To work
state Alabama, my constituents at home want to know that are
you going to try to change our statuses Right to work?
Ms. Chavez-DeRemer. I respect the fact that you are from a
right-to-work state, and I respect the fact that you can
continue to be a right-to-work state.
Senator Tuberville. Thank you. Back when we had the, the
PRO Act, I offered an amendment that would require
authorization from employees in order for any kind of dues fees
or assessments to be used toward a political campaign by the
union bosses. It failed. Are you for that? Are you for how
would you handle that? Dues from a union, paid in a political
contribution from employees that are not asked can we use your
money?
Ms. Chavez-DeRemer. You're saying they paid their dues.
It's used for a political contribution without their knowledge.
Senator Tuberville. Yes.
Ms. Chavez-DeRemer. Well, again that's not something that--
I think they should be aware of whether dues are going. Yes.
Senator Tuberville. Okay. Just asking. You voted for the
PRO Act; I was just asking.
Ms. Chavez-DeRemer. Senator, if I could correct the record.
I did not vote for the PRO Act. I put my name on this. We did
not have a vote on the PRO Act, so I just wanted to correct the
record on that.
Senator Tuberville. All right. We had this conversation a
couple of weeks ago, my constituents want to know, you worked
in Planned Parenthood years and years ago. You pro-life or Pro-
Choice?
Ms. Chavez-DeRemer. I am supportive of the President's
agenda. I have a hundred percent pro-life voting record in
Congress and I will continue to support the America First
agenda, which we know includes life.
Senator Tuberville. Good answer. All right. Talk to me
about legal immigration. In my state, we have the most
engineers in the country, in the state of Alabama because of
NASA and defense contractors and all those things. We're
running short on a lot of engineers, high tech people that are
well-trained in our Country. For some reason we're running
short because big tech is growing. Where do you stand on legal
immigration? Your thoughts?
Ms. Chavez-DeRemer. Well, I'm supportive of legal
immigration only. I mean, I don't see another around it. What
level you're talking about? Yes. You're talking about--are you
referring to the H-1 Visa program?
Senator Tuberville. Anything to do with high tech, anything
to do with engineers. That, eventually we're going to have to
allow more people to come, but not to tear down the structure
of young men and women having a chance to make a better living
because they spent four or 5 years at a university and have to
pay their bills.
Ms. Chavez-DeRemer. No, I appreciate that so much that you
brought this up. Certainly we never want to replace the
American worker. We want to make sure that we're investing in
the American worker and they have the skills needed for the
high-tech industry as we see moving forward through a lot of
our respective states.
On the visitor's visa, on the H-1B, there's been
conversation about, in the immediacy, I've heard that from many
of the Senators. It's about today, what happens today and
tomorrow. I commit to you to working again with testing the
market, that's the Department of Labor's remit. It's a test the
market and seeing where we need the guest worker program once
we've exhausted all other programs and making sure that we're
out there. Then work with the Department of Homeland and
certainly the Department of State, and if we have to administer
more.
But that's going to be certainly the--Congress will
determine it, and then I'll work with those interagency as
well. And I would love to work with your office on that
specifically.
Senator Tuberville. Thank you. I'm not going to put you
under a gun on this question, you probably don't know a lot
about it. A lot of people in this room know a lot about it:
NIL, name, image, and likeness. It is a disaster and we're
going to have to do something in your tenure to help young men
and women understand, the situation that we're in, because
we're going to start losing Title IX.
We've got a young man that just signed an $8 million
contract and he's 20 years old, and it's out of control. So,
the next time you come hopefully we can have a hearing on what
we call name, image, and likeness. I'm all for kids making
money but it is workforce. It needs to be changed. It needs to
be regulated to a point where all men and women, young men and
women can have a chance to make money. So just to bring that to
light, but that will be under your purview in the very near
future. Thanks. Thank you, Mr. Chairman.
Ms. Chavez-DeRemer. Thank you, Senator.
The Chairman. Next would-be Senator Blunt Rochester.
Senator Blunt Rochester. Thank you, Mr. Chairman. And I
also want to thank you Congresswoman Chavez-DeRemer for the
opportunity to meet with you ahead of the hearing. I really
felt we had a robust conversation about the workforce and how
we move forward as a country, and the fact that working people
deserve respect, protection, and fair treatment.
I want to start by just acknowledging, I know you are
following the reports, the over 10,000 Federal employees, civil
servants who have been fired in recent weeks including staff at
the FAA, the NIH HHS, the Department of Education and more. And
to me, beyond the harmful impacts that those individuals are
feeling and their families are experiencing, it is having
ramifications across the country.
Everything from our plane safety to biomedical research, to
measles outbreaks that I just heard on the news earlier today,
to the Avian Flu, all of this, while the cost of eggs is not
going down, people are feeling the impact. I'm also concerned,
I shared with you, I had the opportunity to serve in Delaware
as Secretary of Labor.
Labor is so important to me, but also state personnel
director. And just from a workforce planning perspective, a lot
of this doesn't even make sense to get rid of some employees
that are protecting our national security, our nuclear safety,
all of these things and our health, just doesn't make sense.
Then there's going to be the ripple effects of where do
these folks who are now unemployed get the resources they need
to live and survive? How do they deal with the trauma? This
will have ripple impacts. And what you said is you want to help
the American worker, and I hope that you will consider these
individuals as also American workers.
My questions, I wanted to talk a little bit about what we
discussed in terms of the future of work, which has been one of
my top priorities in preparing folks for the jobs of today, but
also the jobs of tomorrow. And in Delaware, we have a robust
biotech ecosystem involving workforce focused partners like the
Delaware Bioscience Association, and the National Institute for
Innovation in Manufacturing biopharmaceuticals at the
University of Delaware, also known as NIIMBL.
We also have with our students the Delaware Pathways and
vocational technical high schools in Delaware and two labor
unions. So far, we know we need more workers to grow our
economy. Do you have a plan to prepare workers for careers in
emerging industries like biotech and AI?
Ms. Chavez-DeRemer. Thank you, Senator. I really did
appreciate our meeting as well. I know you have the knowledge
from a labor department in Delaware, and that you ran that, and
I hope we work together and you will share with me some of the
tips and tricks of the trade because I don't need to reinvent
the wheel in a lot of places. I just need to make sure that
we're respecting and honoring your story as well. And for
Delawareans----
[Laughter.]
Senator Blunt Rochester. Delawareans, that's right.
Ms. Chavez-DeRemer. But this is important specific to the
skill. And I think what we talked about is even more so than
high school, we're talking about junior high, right? And
understanding how important that is for the workforce, that we
have to get these young people in early and understanding what
they care about. And that we have that workforce.
Under the Department of Labor, it's going to be my
responsibility to make sure we're investing in that workforce
development. I was proud, and I was brought up earlier to serve
on the ED workforce for reauthorizing WIOA. That's, again, a
bipartisan, it didn't happen, it didn't go through. And I hope
with all respect and talking to the President, if it aligns
that this is something that if Congress takes it back up, that
I can work with you all not only technically but to enforcing
that, and really investing in the workforce specific to high
tech, because we know we're going to need those jobs. And so
this is an important issue, I would think to everybody sitting
up here that they're a part of the workforce and respective in
every state.
Senator Blunt Rochester. I know in our conversation, we
talked about making sure that labor, as well as industry, are
present at the table when we make these big policy decisions,
when we do legislation.
One of the things that I will be focusing on and
introducing legislation on is an accelerator, the Advanced
Research Projects Agency of the Department of Labor ARPA-L is
similar to what we've done for health with ARPA-H with defense
for DARPA, which gave us groundbreaking technologies like the
internet and Siri. And so hope to work with you on these as
well.
Again, let's make sure that we focus on all workers and
that includes those folks that are being fired, laid off, and
in a lot of traumas. Thank you. And I yield back.
Ms. Chavez-DeRemer. Thank you, Senator.
The Chairman. Senator Murkowski.
Senator Murkowski. Thank you, Mr. Chairman, and welcome to
the Committee. I enjoyed our conversation. We had a chance to
talk a little bit about the Alaska workforce. I'm looking at an
article that just came out and it cites to the Alaska State
Department of Labor and Workforce Development.
Looking at labor statistics, our workforce statistics back
in 2023, we don't have 2024 numbers yet, but right now, non-
resident workers in our state make up 23.5 percent of the
workforce. That's a lot. It means we get folks that come to us
from other states. When you have 82 percent of your communities
that are not connected by road, you can't move as a worker from
one village to another village unless you're willing to pay
several hundred dollars for each leg of your airplane ticket to
get you to another community for work. So we rely on out of
state workers.
In the oil and gas industry, 37.4 percent of the workers
were non-residents in the mining industry Non-Residents
accounted for 41.6, in the seafood processing sector, which is
significant, it's one of our largest employments and economic
derive in the state producing more than $5 billion in economic
activity. So this is big for us, but what is even bigger is in
2023, 82.8 percent of the workers were non-resident.
We process our seafood and small coastal communities that
if they have a population at all, it's maybe 500 people that
are there. You cannot run a seafood processing industry when
you don't have the workers. And so, back to the comment that
was made earlier about H-2Bs, this is significant for us.
Senator Collins asked about your commitment to issue
supplemental visas in a timely manner, but also to the maximum
extent allowable. You do have that discretion. You've indicated
that you're going to work to that.
I'm going to ask you to look specifically to the seafood
processing sector of all the sectors that are out there. And my
friend from Virginia knows full well, seafood is more truly
seasonal than so many other sectors. But right now, we are
competing if you will, for these H-Bs with other sectors like
landscapers.
Last I checked, you can do landscaping 365 days practically
in most parts of the country. The seafood sector in Alaska,
you're looking at an industry during the summer, at least when
it comes to salmon, where it is literally an eight-to-10-week
season. We are the poster child for seasonal workers.
I need to know that you will not only support the H-2B Visa
program, but commit to working with me on legislation to exempt
seafood processors from the H-2B Visa caps.
This is something that we've been trying to work for years.
Basically, we've been stalled out by big labor that is so
concerned that we are not offering these jobs to people across
the country. You can't get an H-2B visa until you have
demonstrated that all the efforts that you have made to seek
U.S. workers, and that none are coming to you.
We had the conversation in my office. It's important to
state it here publicly, how significant it is and I need your
assurance that you're going to work with us and work with your
partners within Homeland Security as well on this critical
issue for us.
Ms. Chavez-DeRemer. Yes, ma'am. I will commit to working
with you specifically on this issue.
Senator Murkowski. Thank you. I appreciate that. A lot of
conversation about apprenticeship, so I'm not going to revisit
that. Although I did just come from a meeting with the head of
the Alaska Military Youth Academy who was talking about the
benefits of going from that exceptional program to hand in
glove with the Alaska works training program. So these young
people can see the benefits right then, right there. Maybe I
want to be a welder, maybe I want to be a carpenter, but you
take them hand in hand.
Last thing I'm going to raise is something in a
conversation just yesterday with the head of the building
trades. We are talking about childcare. We're talking about
childcare because we can talk about a workforce, but if people
can't get to the workforce because they can't afford childcare,
so I would hope that you're going to prioritize families in the
workplace and support incentives for onsite childcare.
Ms. Chavez-DeRemer. Yes Ma'am.
Senator Murkowski. Thank you, Mr. Chairman.
The Chairman. Senator Markey.
Senator Markey. Thank you, Mr. Chairman. Welcome. Since his
inauguration President Trump has waged war on public servants,
especially Federal workers, and the unions. The President
violated union contracts, by firing tens of thousands of
Federal workers, used his fork in the road proposal to strung
on Federal workers into resigning and waiving away their legal
rights and illegally attempting to nullify union contracts
ratified in December 2024 and January 2025.
As Secretary of Labor will you abide by the terms of
collective bargaining agreements between the Department of
Labor and Federal agency staff unions?
Ms. Chavez-DeRemer. Thank you, Senator. It was nice to
visit with you. I know it's been a few weeks since we have that
meeting, so I appreciate you being here today. Certainly, the
Department of Labor is outside of the NLRB where Collective
bargaining is committed and happening independent of the
Department of Labor.
I will work with your office in determining exactly what it
is that you're specifically asking. But outside of the
Department of Labor, is to protect the American worker. And
then, of course, as we overlap because Department of Labor
expands a little bit more than collective bargaining and unfair
labor practices under the NLRB.
Senator Markey. But will you advise President Trump and
Elon Musk that they must reverse all decisions that violated
the contracts that were negotiated between the unions and their
agency employer?
Ms. Chavez-DeRemer. Well, my certainly my role if
confirmed, is to advise the President on a full picture. And I
will be candid on what that full picture looks like, and then
work with the White House. And if it aligns with, with the
President's America first agenda, I will be that advisor to
him.
Senator Markey. Well, I mean, obviously, collective
bargaining is not part of his agenda. And that's where the
Department of Labor historically has intervened to make sure
that those protections are put in place. In 2023 during a house
Committee on Education and Workforce markup, you said you can't
have a strong union without the presence of the NLRB. On
January 27th, President Trump illegally fired NLRB Board member
Gwynne Wilcox in direct violation of the National Labor
Relations Act.
The NLRB now lacks a quorum and cannot enforce laws meant
to protect working people from union busting and other illegal
behavior by companies. And last night, President Trump signed
an executive order stating the previously independent NLRB must
now report to him. And the overall effect of this full on
assault is that President Trump has left workers unprotected
with no way to exercise their labor rights.
As Secretary of Labor, you'll be the President's top
advisor on labor issues. If President Trump called you today
and asked if he should reinstate Gwynne Wilcox, how would you
advise him?
Ms. Chavez-DeRemer. That's hypothetical, as you know, and I
have not been confirmed but I respect the President's executive
authority to run the executive office as he sees fit. He is the
one who was elected President by the American people, and he's
honoring the promise he made to the American people.
If confirmed, I will work on behalf of the President, but I
will present him a clear and candid picture with the facts, and
we will consult them together. But it is important from the
Department of Labor that I give him that full picture.
Senator Markey. Well unfortunately, according to President
Trump, the NLRB is no longer an independent agency. And by
signing that executive order to abolish the independence of the
NLRB, it puts a lot of pressure on you to make sure that there
is a protection for the independence and capacity of that
agency.
I appreciate your record of engaging with unions, but
workers are under threat at their workplace and in their homes.
Greedy corporate executives chip away at their rights, lay them
off, gut their retirement, all while driving up prices, and the
President is letting the richest man on the planet cut public
school funding, threatening our children's education and jobs
of the largest sector of union workers in the country.
He lined his inauguration with billionaires collectively
worth over a trillion dollars. And since his inauguration union
workers in Massachusetts have already lost many, many jobs, and
some of my Republican colleagues are eyeing cuts to programs
that help people get food, housing, and healthcare.
If you are confirmed and I'm assuming that you will be, I
commit to working in support of all workers, and I hope you'll
work with me to stand up to President Trump when he takes
actions that harm American workers. I think it's very important
that the Department of Labor and you be the voice for those
workers. Thank you, Mr. Chairman.
Ms. Chavez-DeRemer. Thank you, Senator Markey.
The Chairman. Now Senator Hawley.
Senator Hawley. Thank you, Mr. Chairman. Congresswoman
Chavez-DeRemer, welcome. It's great to see you here. I enjoyed
our conversation. It's been a month or more ago, but it's great
to see you here. I know you are taking questions, obviously
from both sides, and I know you've taken a little heat from
both sides, you've handled it beautifully. Let me just get a
few things straight. For my Republican colleagues, let me just
clarify, you are President Trump's choice to lead the
Department of Labor. Have I got that right?
Ms. Chavez-DeRemer. Yes, you have.
Senator Hawley. You support the President's policies and
will implement his agenda. Have I got that right?
Ms. Chavez-DeRemer. Yes.
Senator Hawley. Of my Democrat colleagues, you very proudly
sponsored many pieces of pro-labor legislation. In your time,
the U.S. House of Representatives, you have a long record of
working with labor, of working with business to try to advance
a pro worker agenda. Is that fair to say?
Ms. Chavez-DeRemer. Yes.
Senator Hawley. Which is probably why the President chose
you for this role, if I'm speculating, is that fair? I think
your record is reasonable, is really outstanding. Let me ask
you about one issue that hasn't gotten a whole lot of airtime
today, but I think is so important. That's the significance of
immigration when it comes to the American worker.
I've got a chart here that I want to show you. This is the
Department of Labor's own data on jobs following the pandemic
and in the last administration, the Biden administration. If
you look here in the red, those are foreign born workers, if
you look at the blue, those are American born workers and as
you can see, the data that you can see at the graphic itself
tells the story. American born workers, no change in employment
just to return to the norm in the Biden administration.
Foreign-Born workers, that's where all the jobs go. What's
does it mean? According to the Department of Labor's own
statistics during the Biden administration, virtually all of
the job gains, which were pretty--to say, but even that,
virtually all of them went to foreign-born workers.
Now we know, again, from the Biden administration's own
statistics that about 11 million encounters with the illegal
immigrants were recorded at the border. During 1 month alone,
the Biden administration allowed 370,000 illegal immigrants to
cross the border. Many of these people got work permits and
started working, competing with American workers and legal
residents, many of them union members, and of course, illegal
immigrants, not union members. Companies don't pay them the
same wages. They don't offer them the same protections. Speak
to the danger of out of control, illegal immigration when it
comes to wages and benefits for American workers.
Ms. Chavez-DeRemer. Thank you, Senator. Very important
issue. And one that I know that the President has been very
public about protecting the American worker and understand that
we don't want to displace American workers. I understand some
of the Senators in the guest visa program on the immediacy of
certain industries. But as a whole, we want to make sure that
we're always investing in the American worker first.
We want to be one of the strongest economies in the union
and in the world. So we can be on a level to compete with our
foreign adversaries when we're talking about China. But what's
important to the President and important to me and how we align
is making sure that we're putting the American worker first,
and that they have the opportunities to earn and be at those
jobs as they see fit. And the Department of Labor to support
them in that investment, in those industries.
Senator Hawley. Is it fair to say that a tough border
policy that cracks down on illegal immigration that stops the
flow of mass illegal immigration across our border, stops the
work permits being given to illegal immigrants, this is pro
worker, this helps American workers maintain their wages and
maintain their jobs. Is that fair to say?
Ms. Chavez-DeRemer. Yes.
Senator Hawley. Let me ask you about some of the children
who came across the border, that were trafficked across the
border in the last administration, 520,000 of them to be
precise. Unaccompanied children trafficked across the border,
hundreds of thousands of them lost, and now being exploited by
companies like Tyson's Food, for example. Let me just give you
an example of bad corporate behavior.
Tyson's food has closed down two major plants in my state,
the state of Missouri, just in the last year and a half. They
have canceled contracts with farmers. They have put thousands
of workers in my state out of business. And yet we know from
the investigations done by the New York Times and others that
they have huge numbers of illegal child labor in their supply
chains. In their factories, they are putting children who are
trafficked here to work.
They're firing American workers, but they are exploiting
child workers. Will you go after companies like Tysons and
anyone else who would violate our labor laws and exploit
children while they are firing American workers?
Ms. Chavez-DeRemer. Yes. It's an important remit under the
Department of Labor, as you know, to protect and not exploit
all workers, but certainly child labor should not be accepted
by anybody in America. And the Department of Labor has the
enforcement capability to double down if they knowingly are
breaking the law and exploiting children in their factories.
Senator Hawley. I think we've got to make the penalties
even tougher. Senator Brooker and I have bipartisan legislation
to do that. And again, it is pro worker to say, we're going to
protect Americans who are working legally and we're not going
to allow children to be exploited in this country, or people
trafficked into this country to be exploited for the purpose of
profits by these mega corporations.
Ms. Chavez-DeRemer. Thank you.
The Chairman. Thank you, Senator Hawley.
Senator Alsobrooks.
Senator Alsobrooks. Thank you. Good morning, Mrs. Chavez-
DeRemer.
Ms. Chavez-DeRemer. Good morning.
Senator Alsobrooks. I want to first of all congratulate you
and your family on your nomination. And to begin by saying, the
workers that we're talking about today, Maryland has the
highest per capita share of Federal workers in the country. So
the people that we're talking about are my constituents by and
large, and they are reeling from this Administration's mass
firings.
Now, when we had our conversation last week, and I know
that it was reinforced today, you assured me that you would
abide by the law, that even if encouraged to break the law. You
said that you commit to following the law. Is that still the
case?
Ms. Chavez-DeRemer. Yes.
Senator Alsobrooks. Now, do you believe that a collective
bargaining agreement is enforceable under the law?
Ms. Chavez-DeRemer. Yes.
Senator Alsobrooks. If I can ask you, are you aware of the
statute which recognizes the right of Federal employees to
engage in collective bargaining?
Ms. Chavez-DeRemer. No, I don't know the statute number.
Senator Alsobrooks. It's Title VII of the Civil Service
Reform Act. But what I can tell you is that statute--are you
aware of that statute or any statute that limits the binding
nature of a collective bargaining agreement based on when it
was signed?
Ms. Chavez-DeRemer. I'm not an attorney as you know, and so
I would like to----
Senator Alsobrooks. But you would be in charge of enforcing
the law, so if it is the law, yes, that there is no statute
that limits the binding nature of a collective bargaining
agreement, then you would enforce that collective bargaining
agreement?
Ms. Chavez-DeRemer. I will fully and fairly enforce the
law.
Senator Alsobrooks. Now I want to tell you that President
Trump has canceled what he has called as Lame-Duck Collective
Bargaining Agreement. I want to ask you what statute there is
that you believe would give the President the authority to
cancel or void approved union contracts certified during a
Lame-Duck?
Ms. Chavez-DeRemer. I'm not familiar, and I cannot weigh in
on any specific statute that you're asking me about.
Senator Alsobrooks. But again, if it is the case, and it's,
that there is no statute that allows you to set aside a
collective bargaining agreement, there is no time limit. Would
you enforce that collective bargaining agreement pursuant to
the law?
Ms. Chavez-DeRemer. Again, Senator, being not familiar
specifically, I would certainly want to discuss this with the
solicitors that the Department of Labor have confirmed, just to
make sure that I am on the same page without committing to
exactly----
Senator Alsobrooks. Well, but once it's confirmed for you
that it's the law, you have committed that you will enforce the
law?
Ms. Chavez-DeRemer. I'm committed to always fully and
fairly enforce the law, and I will work with the solicitors of
the Department of Labor to make sure before I weigh in
specifically on this specific that you're talking about.
Senator Alsobrooks. Okay, let me ask you another question.
Now, President Trump made some I would call it troubling and
shameful comments after the devastating fatal plane crash that
occurred here in Washington, DC. I'm sure you're aware of that
plane crash.
Ms. Chavez-DeRemer. Yes, ma'am.
Senator Alsobrooks. He blamed at the time, while the bodies
were still in the water, many of them were children. He took
that moment to blame the incident on Federal aviation
administration hiring people with intellectual and mental
health disabilities, again, while the recovery efforts were
going. Do you agree with the President's comments?
Ms. Chavez-DeRemer. Senator, I cannot comment on what the
President says or does not say, I support the President in this
agenda that he is moving forward with----
Senator Alsobrooks. No, no, the questions is not his
agenda. Do you agree with the comment that hiring people with
intellectual mental health disabilities was the reason? do you
agree with the comment that was the cause?
Ms. Chavez-DeRemer. I have not had a conversation with the
President on this, and I cannot weigh in and speak to that any
further. Okay.
Senator Alsobrooks. I want to make you aware that the same
hiring language that appeared on the Federal Aviation
Administration's Web site under President Biden was also there
during President Trump's first administration as well. So
nothing has changed in terms of the hiring practices, but
should workers with disabilities be allowed to work at FAA.
Ms. Chavez-DeRemer. Absolutely.
Senator Alsobrooks. Okay. Now, in an e-mail that was sent
out a across the government through OPM, it classified, it used
language that quote said ``that their goal was to move from
their lower productivity jobs in the public sector to hire
productivity jobs in the private sector''. Do you agree that
public sector jobs are low productivity jobs?
Ms. Chavez-DeRemer. Again, I mean----
Senator Alsobrooks. This is hypothetical. This is----
Ms. Chavez-DeRemer. Unless we determine what those are,
it's hard for me to--if just putting it all in one size fits
all, it's hard for me to comment on that.
Senator Alsobrooks. It's a yes or no. Do you believe that
public sector jobs or quote low productivity jobs, is that your
opinion?
Ms. Chavez-DeRemer. I mean, on its face, no.
Senator Alsobrooks. Okay. Thank you so much. Yes, thank
you. I yield.
The Chairman. Thank you, Senator. Alsobrooks, our Senator
from Kansas, who's a little humbler this week than he was 2
weeks ago.
[Laughter.]
Senator Marshall. Chairman. I hadn't even thought about
that issue for about 3 minutes.
[Laughter.]
Senator Marshall. But I am serving lunch today to the
junior Senator from Pennsylvania.
The Chairman. Senator Blunt Richardson noticed that you're
wearing Philadelphia eagle colors.
[Laughter.]
Senator Marshall. Guilty as charged. All right. Welcome
Congresswoman. Thank you for being here today. I'm so grateful
for President Trump nominating you.
Ms. Chavez-DeRemer. Thank you.
Senator Marshall. I think when he did this, it was
certainly a shout out to the hardworking men and women across
this country, based upon your resume the work you've done, that
you certainly have been a person committed to, again, those
hardworking men and women across the country, union, or non-
union workers, those are people that President Trump supports.
We want them to be successful, we want you to be
successful, and I think you're going to be a great
representative at the table represent him as we're going
forward. I want to talk about workplace development for a
second. Though unemployment's relatively low, supposedly our
participation rate isn't as good. That and I think there's an
opportunity there to get people back in the workforce. And if
they don't have the skills, the education to do that, then
let's help them out.
I see there's so many great opportunities. Our community
colleges, our technical colleges, the unions, apprenticeships,
all those pieces are out there. What can we do, what can you do
to help support them and help them be successful?
Ms. Chavez-DeRemer. Thank you, Senator Marshall. And I'm
sorry that the Chairman is being so mean to you in the first
few minutes of you being here. But again, it was great meeting
with you because we had that conversation about workforce
development and workforce investment in our communities and how
it can differ oftentimes in a metro area versus a rural area,
and all of the above. And how you mentioned to me your family
in the local community colleges.
I took Clackamas Community College right outside in
Clackamas County right from Happy Valley, and how important
that was for the community as a whole. And from the Department
of Labor, I couldn't, again, be more prideful that I had served
on education and workforce on the WIOA reauthorization. And
while I didn't make it through, I hope Congress, if the
President sees that this is important, that Congress will take
this back up for the reinvestment into our young people so that
they can be skilled and reskilled in our respective states.
I can't wait to come out and visit, and I think I've
mentioned this, a couple Senators coming out to all 50 states
would be amazing, to really learn how the labor laws are
affecting your respective states and the investment in the
workforce. So I commit to you that I will work hard through the
Department of Labor and the agencies within the Department of
Labor to make sure that our young people are ready to go in the
workforce.
I also know we talked about the average age of a community
college entrance is 27 years old. Sometimes people are looking
to upscale or get another certificate so they can stay in their
communities where they're raising their families, and that's
their investment. So I look forward to making this
wholeheartedly a pillar of the Department of Labor is workforce
investment development.
Senator Marshall. Certainly, more flexibility in the Pell
Grants would be a step forward.
Ms. Chavez-DeRemer. We worked on that also and in workforce
and sponsored that bill. We did it for young pilots, but
certainly that was important.
Senator Marshall. How can you better work with state
agencies?
Ms. Chavez-DeRemer. Well oftentimes the Department of Labor
and the Federal State partnership is key and sometimes
forgotten. I think one of the areas that we can look together
is unemployment insurance. It was talked about over the last
several years and how we can be a better Federal partner, give
them the tools that they need the state partners in order to
develop their workforces and make sure that they have people
who are in the workforce who want to stay in the workforce and
not pick up and leave and again, invite people back.
Many people have left the workforce even to the search of a
job, and we want to make sure that those people are coming back
from full force.
Senator Marshall. I want to take a moment and talk about
the franchise model. Again, I heard the Chairman's opening
remarks or questions kind of touched on this, but I want to go
back there. In my mind what the franchise model has done has
helped many people achieve their American dream of owning their
own business and being successful too. And I think it's been a
great opportunity, especially for women, for minorities, for
veterans as well.
We have to work on this balance, I want the unions to be
successful, I want the franchises to be successful as well. How
do we achieve that balance? Any thoughts on where's the win-win
opportunity when it comes to that issue?
Ms. Chavez-DeRemer. Well, a lot of times the references to
the gig economy and understand the franchise model as well. And
I support that the efforts of the franchise model as it does
allow the flexibility for business owners to determine do they
want to be in business for themselves, do they want to work for
somebody else?
But I think the only change that can be talked about today
that will work in all of these is everybody has to have that
voice and understanding at the table. One of the reasons the
President nominated me, and that it's kind of been mentioned,
it's not always that we're going to agree on both sides, but
we're going to be understood that they'll have a voice. That's
the difference this time, that I want everybody at that table
to have that voice and what is valuable to them and their
membership or them and their employees or a business owner when
they're struggling, compliance is important, education of
compliance.
Then also that we can protect all American workers. There's
a continuum from the first day that we have our first job all
the way through retirement, wherever a worker is or a retiree
on that continuum, they should be respected for the hard work
that they've put in. I can tell you, bringing everybody at the
table is going to do just that and reinforce the things that we
care about in our respective states. Thank you.
The Chairman. Senator Hickenlooper.
Senator Hickenlooper. Thank you, Mr. Chairman, and thank
you representative Chavez-DeRemer, I enjoyed our conversation
last week and appreciate your enthusiasm. I thought I'd start
with it's a quick question, that if you track the shrinking of
the middle class, which we've seen in this country over about
the last 60 years, I think safe to say it almost exactly tracks
the reductions in United Labor in terms of, as a percentage of
the workforce, they track almost perfectly. Do you agree that
we want to get more workers in unions as a method to expand the
middle class? Is that a worthy goal?
Ms. Chavez-DeRemer. Well, I think the goal is the option.
If people choose to organize, they should have a free and fair
right to organize, and if they choose not to, they should also
have that, right?
Senator Hickenlooper. Isn't the country better off with
more working people getting paid better wages and really the
only way that generally happens is through union
representation.
Ms. Chavez-DeRemer. Well, again, supportive of both sides
of the table is going to be important, if an employee chooses
that they want to be in a union, they have the right to do so
and the same if they choose not to.
It was just mentioned on the other side about what does it
look like for the franchise model or the independent contractor
model. So I think the flexibility and the conversation is
what's key here. And is there room for both? I believe there
is, the President certainly believes there is because this is
the new direction of where oftentimes we've had the extremes
arguing. If we keep the American worker first and foremost,
we're going to come to the center of that table and I think
develop exactly what you're talking about, keeping more of
their hard-earned dollars.
Senator Hickenlooper. I appreciate that and again, the
ultimate goal we want to expand the middle class. I appreciate
your small business background, as a small business person
myself, in a past life I think that will be invaluable. We met
last week with some of the leadership from the South Cherry
Creek School district in South Metro Denver. One of many that
has an innovative apprenticeship system they put in place in
their training teachers, HVAC, technicians, engineers,
aerospace manufacturers, go down the lists, healthcare workers
of various sorts. And this is just one of many programs we've
got in Colorado.
Now, the President's proposed funding freezes are going to
prevent us from keeping many of these programs running in our
state and I think taking valuable opportunities away from the
kids. How can you, as secretary, assuming you get approved, how
can you protect these programs against attempts to unilaterally
and I think in some cases unlawfully claw back the Federal
funding from these programs?
Ms. Chavez-DeRemer. Well, I think the key here is going to
be presenting to the President again--I mentioned visiting and
understanding exactly what's happening in Colorado and all the
respective states and presenting to the President as his
advisor what's happening on the ground. That's what he wants to
see; a candid, clear, concise picture so that as we move
forward in the America First agenda. That we're going to be
supporting the American worker. That is first and foremost in
his agenda. Is it we're aligned in that? That's the
conversation that we had; is he wants to support the American
worker. And so, I will present to him the clear facts from all
of the respective states.
Senator Hickenlooper. Back to youth apprenticeships, which
as you know, that's a--my last 6 years as Governor, that's what
I spent a lot of time on. And I look at it as one of the great
gaps that 65 to 70 percent of our kids aren't going to get a 4-
year degree. And we have done a poor job of giving them the
tools to acquire the skills necessary to have the American
dream.
Are there ways that we can look at to expand apprenticeship
programs, youth apprenticeship programs? So, I'm not just
talking about 18 and over, I'm talking about 16-year-old, 17-
year-old, 18-year-old kids who could want to work in an
accounting firm or advanced manufacturing or a hospital,
whatever. How can you see us expanding that through your tenure
at the Department of Education?
Ms. Chavez-DeRemer. Well, I think we can certainly agree
that and you heard the conversation about speaking to even our
youngest, our junior high, our middle school kids all the way
up into high school. But I would like to work with your office
and as I, if confirmed, get into the Department of Labor,
really expand, and explore what can be done.
But if I could work with your office specifically on this
and get to know it a little bit better, I would like to have
that conversation with you.
Senator Hickenlooper. I will take that and we'll follow-up
on that. We'll get you out to Colorado. Last a lot of the
records and on February 5th DOGE went to the Department of
Labor and demanded that certain Federal employees' information
be released. And I think there's a lot of retirement account
private information.
I haven't seen any disclosure of how those records are
going to be used. And I think what are the reassurances that
the American people have that those are still safely secure?
Ms. Chavez-DeRemer. Well, I haven't seen them either and
because I have not been confirmed, as you all know. I have not
been read in onto what is happening with DOGE in the Department
of Labor. But if confirmed, that'll be the first thing I do, is
make sure that I'm briefed on it and made aware of everything
that's happening. So, I don't have that answer for you because
I don't know what's been happening either.
Senator Hickenlooper. Okay. Fair enough. Thank you.
Ms. Chavez-DeRemer. Thank you, Senator.
The Chairman. This concludes our hearing. You did very well
and thank you for that.
[Applause.]
The Chairman. To your parents and husband and children, I
know y'all are incredibly proud.
Ms. Chavez-DeRemer. Yes. This is my husband, my mom and
dad, my daughter, my parents.
The Chairman. For any Senator who wishes to ask additional
questions, questions for the record will be due tomorrow at 5
p.m. We now conclude the hearing. Thank you.
QUESTIONS FOR THE RECORD
Responses by Lori Chavez-DeRemer to Questions of Senator Sanders,
Senator Murray, Senator Baldwin, Senator Kaine, Senator Hassan, Senator
Hickenlooper, Senator Markey, Senator Blunt Rochester and, Senator
Alsobrooks.
senator sanders
Question 1. During your hearing, there was much discussion of
right-to-work laws.
(a). Are you aware that the worker fatality rate is 56 percent
higher in right-to-work states as compared to non-right-to-work
states?
(b). Are you aware that full-time workers in right-to-work
states earn $1,670 less per year than workers in non-right-to-
work states?
(c). Are you aware, that despite claims to the contrary during
your hearing, there are no discernable impacts on employment
levels and economic growth was 3 percent slower in right-to-
work states as compared to non-right-to-work states before the
COVID-19 pandemic?
(d). Are you aware that the number of households living in
poverty is 15 percent higher in right-to-work states as
compared to non-right-to-work states? And that the number of
families on food stamps is 10 percent higher in right-to-work
states as compared to non-right-to-work states?
(e). Are you aware that workers in right-to-work states are
less likely to have health insurance or pension plans? So much
so that if national right-to-work had been imposed over a
decade ago, 2 million workers would have lost access to health
insurance and 3 million would have lost their pensions?
(f). Given these facts illustrating the harmful impacts right-
to-work laws have on workers, would you reconsider your stated
position at the hearing that ``the right to work is a
fundamental tenet of labor laws'' and that you ``fully and
fairly support states that want to protect their right to
work''?
Answer 1(a)--(f). I appreciate you sharing that data with me. A
fundamental tenet of labor law is allowing workers to decide whether to
join--or refrain from joining--a union. Federal law protects the
ability of states to enact right-to-work laws--or refrain from
enacting--right-to-work laws. I fully support the ability of voters in
each state to elect state-level legislators who best represent their
interests and may pass state laws accordingly. I respect Vermont's
decision not to become a right-to-work state.
Question 2. Please answer the following questions with yes or no
only:
(a). Do you believe the National Labor Relations Board is
constitutional?
(b). Will you commit to responding to any oversight or document
requests from Members of this Committee and other Members of
Congress in a timely and accurate manner?
(c). Will you commit to ensuring DOGE personnel do not access
sensitive personal data and information?
(d). Will you commit to ensuring the integrity of any ongoing
investigations into violations of labor and employment laws,
including any investigations into companies owned or managed by
friends or advisors of President Trump?
Answer 2(a)--(d). While I am not an attorney, I do believe the
National Labor Relations Board (NLRB) serves an important function in
the labor policy process independent from the Department of Labor and
understand that the Supreme Court previously found the NLRB to be
constitutional.
If confirmed, I look forward to working with you and your
colleagues on a variety of issues within the Department's remit.
If confirmed, I will ensure all personnel are executing their roles
in full compliance with Federal law. I will also work with career
ethics officials and others in the Solicitor's Office to ensure that
Federal privacy laws are being followed.
If confirmed, I commit to fully and fairly enforcing all laws under
the Department's jurisdiction, and that includes ensuring the integrity
of all ongoing investigations, regardless of who owns the company.
Question 3. Protecting life and property is an important
responsibility of any public safety employee. The Department of Labor
designates hundreds of employees--such as OSHA and MSHA inspectors--as
necessary to protect life and property during a lapse in
appropriations. The President's ``Department of Government Efficiency''
(DOGE) Workforce Optimization Initiative Executive Order explicitly
exempts functions related to public safety from the executive order's
hiring ratio and reductions in force requirements. It also gives agency
heads the discretion to exempt any position deemed necessary to meet
public safety responsibilities from the requirements of the executive
order. Will you commit to ensuring that the Labor Department adheres to
the language in the President's DOGE executive order that explicitly
exempts important safety-focused staff such as OSHA and MSHA inspectors
and other positions from the hiring ratio and reduction in force
requirements?
Answer 3: I am deeply committed to the Department of Labor's
workplace safety and enforcement mission. No worker should have to
worry about whether they will make it home safely after a day of work.
If confirmed, I will follow the President's Executive Order 14210.
Question 4. According to the U.S. Bureau of Labor Statistics, the
2023 unemployment rate for people with disabilities was approximately
7.2 percent, more than double the unemployment rate for people without
disabilities.
(a). As Secretary of Labor, what is your opinion of the
pervasive unemployment and low workforce participation rate of
people with disabilities?
(b). How will you prioritize the improvement of employment and
independent living outcomes for people with disabilities?
(c). Do you support competitive integrated employment (CIE) for
people with disabilities, including people with the
intellectual and developmental disabilities (IDD) and youth in
transition?
(d). From your perspective, what are ways to increase
competitive integrated employment for people with disabilities?
Answer 4(a)--(d). I share your concern about the high unemployment
rate of people with disabilities and strongly believe in strengthening
employment opportunities for these individuals. It is also important to
support those discouraged workers with disabilities who are out of the
workforce. In 2024, the labor force participation rate of people with
disabilities ages 16-64 was just 40.7 percent. I understand the
Department's Office of Disability Employment Policy (ODEP) works with
the Social Security Administration and the Department of Health and
Human Services to educate people with disabilities on available
resources and work incentive programs to increase labor force
participation. If confirmed, I commit to working with experts at the
Department, stakeholders, and you and your colleagues, to learn more
about what we can do to support employment and training opportunities
for people with disabilities. I want to make sure employers have the
support they need to successfully recruit, hire, and retain employees
with disabilities.
Question 5. Subminimum wages reduce the financial independence,
self-sufficiency, and workforce participation of people with
disabilities. If confirmed, will you finalize the Department of Labor's
proposed rule to phase out subminimum wages for people with
disabilities?
Answer 5. The 14(c) program was established by Congress and is part
of the Fair Labor Standards Act. I understand this is a deeply personal
and important issue for many Senators. I've heard from Senators from
states where the program works well and whose constituents rely on
14(c) for employment. I have also heard from Senators whose states have
passed laws to eliminate the subminimum wage. Ultimately, this program
is statutory, and in the absence of congressional action, many states
have decided what works best for them.
If confirmed, I will commit to working with all Senators to explore
different opportunities for people with disabilities across the
country. My goal will be to enhance, rather than hinder, programs that
strengthen their employment opportunities. While I would need to fully
review the regulatory history and consult with agency experts, I would
not want to disrupt programs that are working well.
Question 6. The passage of the WORK Act, as part of SECURE 2.0,
created the Employee Ownership Initiative at the DOL. Do you commit to
continuing to implement this program in a robust fashion, including by
maintaining staff to lead this work? Further, do you commit to ensuring
that the Chief of the Division of Employee Ownership will work closely
with the Employee Benefits Security Administration when the adequate
consideration rule is reconsidered in order to balance protecting plan
participants while providing clear guidance to fiduciaries on
determining the fair market value of employer stock?
Answer 6. I understand Employee Stock Ownership Plans (ESOPs) are
important to many Americans' retirement security, and they often give
American workers an enhanced sense of ownership in the organizations
for which they work. For these employee-owners, it is more than just a
job--they have personal interest in the success of where they work.
It's important that the Department provide regulatory clarity and high-
quality compliance assistance to ESOPs. If confirmed, I look forward to
working with the experts at the Employee Benefits Security
Administration and with ESOP stakeholders to determine how best to
support participants in ESOPs.
Question 7. You previously voted in favor of the Biden
administration's retirement security rule. This rule is currently being
challenged in the 5th Circuit. If the court permanently stays
implementation or you decide to rescind or significantly scale back the
rule, what kinds of protections do you think need to be put in place to
ensure that hardworking individuals and retirees receive advice that is
solely in their best interest? Will you commit to using a transparent
process and allowing members of the public to comment fully on any
analysis, guidance, or regulatory changes that the DOL proposes to
replace the Biden administration's rule?
Answer 7. I understand this rule is currently the subject of
ongoing litigation. If confirmed, I look forward to being briefed on
this matter and commit to work closely with my colleagues at the
Department of Labor and at the Department of Justice. More generally,
the Department of Labor plays a critical role in protecting the
retirement benefits that Americans have earned. Workers should have
access to sound financial advice, and the law requires retirement plan
fiduciaries to act in the best interest of plan participants and
beneficiaries. The retirement system needs to work for workers,
retirees, retirement plan sponsors, plan fiduciaries, and service-
providers. If confirmed, I look forward to consulting--in a transparent
manner--with all stakeholders and receiving feedback in determining
whether and how the system can be improved.
Question 8. In your hearing, you noted to Senator Cassidy that you
look forward to working with Members of Congress to improve retirement
benefits for American workers. According to the National Institute on
Retirement Security, ``[83] percent of Americans say that all workers
should have a pension so they can be independent and self-reliant in
retirement'' and ``77 percent agree that the disappearance of pensions
makes it harder to achieve the American Dream.'' As Secretary, what
concrete steps will you take to make sure that all Americans have
access to a pension plan?
Answer 8. The Department of Labor plays an important role in every
American worker's life--from their very first job all the way through
retirement. If confirmed, I will take my responsibility to ensure the
welfare of retirees seriously. I commit to working with you and your
colleagues, stakeholders, and experts at the Department to explore ways
to ensure more workers have access to retirement benefits and that
these benefits are safe and secure.
Question 9. If confirmed as Secretary, will you commit to not
providing WIOA funding to programs that have violated labor laws?
(a). As the president's primary labor advisor, would you
recommend that companies that violated Federal labor laws
deserve WIOA funding? If not, why?
Answer 9--(a). As I understand it, much of the funding available
through WIOA is not awarded directly to programs by the Department but
rather flows down to the state and local level. State and local
workforce organizations direct it to meet the specific needs of the job
seekers and employers in each community. If confirmed, I commit to
looking into your requests with the Department's experts and to learn
more about the statutory requirements under programs funded by WIOA.
Question 10. In recent years, the number of non-degree
credentialing programs has increased dramatically. According to
researchers, over 500,000 distinct non-degree post-secondary
certifications are available in the United States. Shorter-term
workforce training programs are becoming more and more popular among
employees and students looking to develop new skills and progress in
their jobs. Although these programs provide more flexible, expedited,
and cost-effective alternatives to traditional degree programs, they
also address a crucial need. However, this enormous sector is virtually
unregulated.
(a). As Secretary, how would you leverage the Department's
authority and resources to provide greater transparency into
outcomes from WIOA Eligible Training Provider programs?
(b). How can DOL better support state agencies and local
workforce boards in their efforts to use Eligible Training
Provider List (ETPL) program performance data for continuous
improvement?
(c). Throughout the hearing, you mentioned several times how
you worked and supported WIOA while a member of the House and
would like to see it move forward. Will you encourage the
President to support the bipartisan WIOA agreement between
Senators Cassidy and Sanders and Representatives Foxx and Scott
that was initially included in the Continuing Resolution
agreement at the end of last year?
Answer 10(a)--(c). Enhancing the quality and availability of data
on taxpayer-funded workforce investments is critical for both job
seekers and policymakers. The American worker deserves accurate and
actionable data to determine the best career pathways or upskilling
opportunities for their future, and policymakers need to be able to put
public workforce funding to its best possible uses to ensure it can
deliver when workers are underemployed, displaced, or out of the labor
force. Good data on the performance of programs that receive taxpayer
funding are also crucial for agencies to be good stewards of taxpayer
dollars. I understand the Department made this a priority during
President Trump's first term and launched TrainingProviderResults.gov.
If confirmed, I look forward to working with my colleagues at the
Department and collaboratively across government to identify
opportunities to enhance transparency, usability, and application of
workforce investment and outcomes data. I also look forward to working
with Congress as it moves forward with its reauthorization of WIOA and
would be happy to provide any needed data or technical assistance to
make the reauthorization a success.
Question 11. Will you commit to following the Administrative
Procedure Act, which governs the rulemaking process, in all rulemakings
you participate in if confirmed? Will you do so even if the President
asks you to do otherwise?
Answer 11. If confirmed, I will follow the Administrative Procedure
Act and any directives from the White House when developing or
rescinding regulations.
Question 12. Can you ensure that hiring made by the Department
remains strictly non-politicized?
Answer 12. If confirmed, I will follow the law and the advice of
the Department's Solicitor's Office and human resources experts, along
with any directives from the White House, when making employment-
related decisions.
Question 13. How will you ensure that the Department has sufficient
staff to meet its mandates, as well as enforce rules and regulations
about retirement plans, in the current anti-government worker climate?
Answer 13. I am deeply committed to the Department of Labor's
mission to foster, promote, and develop the welfare of the wage
earners, job seekers, and retirees of the United States; improve
working conditions; advance opportunities for profitable employment;
and assure work-related benefits and rights. If confirmed, I look
forward to partnering with agency experts to assess available resources
and identify any additional needs. The Department will leverage its
resources and staffing levels to effectively fulfill its mission. While
the President proposes the budget, it is ultimately up to Congress to
determine funding. I am committed to supporting the President in
developing budget proposals that prioritize the protection of American
workers, and I will ensure that any resources allocated are used
efficiently and responsibly.
Question 14. During the process of formulating rules and other
policies, will you commit to advocating for and ensuring that senior
Department leadership meet with all affected stakeholders, including
groups that represent workers?
Answer 14. If confirmed, I will follow the Administrative Procedure
Act and any directives from the White House when developing or
rescinding regulations. I also commit to fostering a transparent
environment within the Department, ensuring that our door is always
open and that we hear from all stakeholders to ensure the development
of well-rounded policies.
senator murray
Question 1. In his first week in office, President Trump rescinded
an Executive Order from 1965 that sought to prevent taxpayer dollars
from being awarded to Federal contractors and subcontractors that
illegally discriminate based on race, sex, and other protected
characteristics. The Trump administration ordered the Department of
Labor (DOL), to stop all related discrimination investigations and
enforcement actions. Do you believe that taxpayer dollars should go to
companies that discriminate?
(a). President Trump is reportedly planning to eliminate the
office focused on these important issues. That office, the
Office of Federal Contract Compliance Programs (OFCCP), is
currently responsible for enforcing laws that protect veterans
and those with disabilities from discrimination by Federal
contractors. Do you commit to preserving OFCCP?
Answer 1--(a). No worker should be discriminated against in the
workplace on the basis of race, sex, or other characteristics protected
under Federal law. President Trump's Executive Order 14173, Ending
Illegal Discrimination and Restoring Merit-Based Opportunity, furthers
that interest, including by prohibiting Federal contractors from
engaging in illegal discrimination and making it the policy of the
United States to ``protect the civil rights of all Americans and to
promote individual initiative, excellence, and hard work.'' If
confirmed, I anticipate reviewing the current organization of the
Department of Labor and its sub-agencies to ensure the Department
executes its mission efficiently and effectively in line with Federal
law and the President's priorities and policies.
Question 2. If confirmed as Secretary of Labor, will you commit to
ensuring that OSHA continues to enforce our Country's core workplace
health and safety standards?
Answer 2. If confirmed, I commit to following OSHA's important
mission of ensuring that employees work in safe and healthful
environments by setting and enforcing standards, and by providing
training, outreach, education, and assistance. I fully believe
employers must comply with all applicable OSHA standards.
Question 3. If confirmed, will you commit to ensuring that the
Department of Labor completes the rulemaking process on the Heat Injury
and Illness Prevention in Outdoor and Indoor Work Settings rule?
(a). If confirmed, will you fully implement the Heat Injury and
Illness Prevention in Outdoor and Indoor Work Settings Rule?
Answer 3--(a). I fully recognize the importance of ensuring workers
are safe in high-heat environments and am deeply committed to OSHA's
mission of ensuring that employees work in safe and healthful
environments. No worker should have to worry about whether they will
make it home safely after a day of work. As with many other pending
regulations, this is subject to President Trump's regulatory freeze
Executive Order. If confirmed, I will work with experts at the
Department, stakeholders, and the public when reviewing any worker
safety regulations. My goal will be to uphold the highest standards of
occupational safety, ensuring that rules prioritize the well-being of
workers while being clear, practical, and achievable for employers.
This approach will also align with the President's America First
Agenda, supporting both worker protection and a strong, resilient
American workforce.
Question 4. The last Trump administration instituted a program, the
Payroll Audit Independent Determination Program, that essentially
allowed employers to avoid the consequences for wage theft. If
confirmed to be Secretary of Labor, how will you make sure workers
receive the wages they have earned, and employers who fail to pay
fairly are held accountable?
Answer 4. If confirmed, I will use all available tools to fully and
fairly enforce all the laws that the Department of Labor administers,
including the Fair Labor Standards Act, which is at the heart of this
question. Sometimes the Wage and Hour Division learns of a violation
through an investigation. Other times, an employer discovers a
violation on its own and brings that information to the agency's
attention in order to show good faith and to obtain the agency's
supervision of the payments to the affected workers. I look forward to
learning more about the PAID program and exploring options to help
employers come into compliance with the law. But, make no mistake: if
there are bad actors, we will use the enforcement tools at our disposal
to protect workers in America.
Question 5. What does the Federal trust responsibility to Tribes
mean to you?
(a). What role do you believe the Department of Labor plays in
fulfilling the Federal trust responsibility?
(b). How will you ensure that the Department of Labor's budget
requests, funding allocations, staffing levels, and
implementation of policies will uphold and advance the Federal
trust responsibility to Tribes?
(c). What steps will you take to ensure that government-to-
government consultation between the Department of Labor and
Tribes is a meaningful and enforceable process, rather than a
box checking formality?
Answer 5(a)--(c). I am generally aware that the Federal trust
responsibility requires the Federal Government to respect tribal
rights. I am not aware of the Department of Labor's responsibility in
this space. If confirmed, I will work with agency experts to learn more
about the Department's obligations under this responsibility.
Question 6. Historically, Tribes have not been well served by
Federal, state, and local workforce development programs--despite some
of the greatest need. There have been efforts to rectify this,
including passage of the Indian Employment, Training, and Related
Services Demonstration Act, the Native American Programs Act, the
Workforce Innovation and Opportunity Act, and the Native Hawaiian
Education Act, but Tribes still struggle to access the resources they
need. Will you commit to maintaining the Department of Labor's central
role in workforce policy and ensure that programs reach Tribes in the
first place?
Answer 6. If confirmed, I look forward to learning more about the
Department's workforce programs that help Tribes access resources. I
will work with the experts at the Department to ensure the Department's
Tribal workforce development programs are carried out according to
statute. I would also be happy to work with you and your colleagues to
learn more about where there may be gaps in resourcing.
Question 7. What do you believe the Department of Labor's role to
be in administration of P.L. 102-477, or the 477 Program?
(a). Will you commit to working with Tribes and other
stakeholders to identify additional programs for integration
into the 477 Program?
(b). Will you commit to ensuring that funding provided to
Tribes and Tribal organizations under the 477 Program is
distributed in a timely manner upon approval of a 477 plan?
(c). Will you commit to ensuring that the biennial labor force
report required under P.L. 102-477--to be conducted by the
Secretary of Labor, in consultation with the Secretary of the
Interior, Tribes, and the Director of the Bureau of the
Census--is published?
Answer 7(a)--(c). I am not familiar with the 477 program, but
should I have the honor of being confirmed, I commit to learning more
about this program--including by working with your office and the
experts at the Department--to ensure we fully follow its statutory
requirements.
Question 8. Our nuclear weapons program and ensuing cleanup
programs left a heavy toll on the workers that powered these vital
missions. In their service to our Nation, many of these workers were
exposed to toxic and radioactive substances, causing horrific illnesses
like cancer, chronic silicosis, and chronic beryllium disease. In
response, Congress passed the Energy Employees Occupational Illness
Compensation Program Act (EEOICPA) to make sure those workers that were
injured or became ill as a result of their service would receive
compensation and medical benefits. What concrete steps will you take to
ensure that claimants and potential claimants are able to access these
benefits more easily?
Answer 8. Workers covered by the EEOICPA program deserve excellent
care. I understand the importance of the EEOICPA program and, if
confirmed, I commit to working with the experts at the Department's
Office of Workers' Compensation Programs to learn more about the
program and administrative challenges that may exist, in addition to
working with you and your colleagues to understand your specific
concerns regarding access to these vital benefits.
Question 9. If confirmed, will you advance the proposed rulemaking
that would phase out the subminimum wage for individuals with
disabilities?
Answer 9. The 14(c) program was established by Congress and is part
of the Fair Labor Standards Act. I have not reviewed the particular
rule you reference, but I am aware it is subject to the President's
regulatory freeze Executive Order. I understand this is a deeply
personal and important issue for many Senators. I've heard from
Senators from states where the program works well and whose
constituents rely on 14(c) for employment. I have also heard from
Senators whose states have passed laws to eliminate the subminimum
wage. Ultimately, this program is statutory, and in the absence of
congressional action, many states have decided what works best for
them.
If confirmed, I commit to working with all Senators to explore
different opportunities for people with disabilities across the
country. My goal will be to enhance, rather than hinder, programs that
strengthen their employment opportunities. While I would need to fully
review the regulatory history and consult with agency experts, I would
not want to disrupt programs that are working well.
Question 10. If confirmed, how will you ensure that registered
apprenticeship programs remain responsive to the evolving needs of
high-demand industries?
Answer 10. I believe we have a unique opportunity to deliver on
President Trump's America First Agenda by encouraging the expansion of
high-quality Registered Apprenticeships, so more Americans can choose
this proven pathway into a career. If confirmed, I look forward to
learning more about the ways the Department of Labor can encourage the
expansion of apprenticeships, particularly in emerging industries and
other occupations facing significant talent shortages. Engaging more
employers will be essential to expanding apprenticeships, as
apprenticeships are not simply a training program but are paid jobs
with wage progression connected to the apprentice gaining skills. I
also recognize the importance of the Department of Labor encouraging
more state leadership and initiative in apprenticeship expansion, and
promoting better coordination with the WIOA system to leverage existing
resources to support American workers and businesses. As you know,
Congress has annually provided funding to the Department of Labor for
the apprenticeship expansion, and I will be focused on ensuring those
taxpayer resources are directed as effectively as possible to grow
apprenticeships and benefit the American worker.
Question 11. If confirmed, what is your plan for increasing
registered apprenticeships to meet workforce needs, in high-demand
trades?
Answer 11. I believe we have a unique opportunity to deliver on
President Trump's America First Agenda by encouraging the expansion of
high-quality Registered Apprenticeships, so more Americans can choose
this proven pathway into a career. Engaging more employers will be
essential to expanding apprenticeships, as apprenticeships are not
simply a training program but are paid jobs with wage progression
connected to the apprentice gaining skills. I also recognize the
importance of the Department of Labor encouraging more state leadership
and initiative in apprenticeship expansion, and promoting better
coordination with the WIOA system to leverage existing resources to
support American workers and businesses.
Question 12. How do you see workforce development, including
registered apprenticeships, playing a role in ensuring the United
States remains competitive in the global race for leadership in
artificial intelligence?
Answer 12. I believe the continued economic success and global
leadership of the United States is dependent on the skill, effort, and
initiative of the American worker. Providing America's workforce the
best opportunities to gain skills and achieve their potential is a core
element of President Trump's America First Agenda. Artificial
intelligence depends on critical skills that are not easily replicated,
and we will need to explore all workforce development options to ensure
that the American worker is poised to benefit from AI and that the U.S.
continues to be a global leader in AI. If confirmed, I will work to
expand high-quality workforce development programs in emerging
industries and occupations, including high-quality Registered
Apprenticeships, so that more Americans can choose this proven pathway
into a career. I look forward to learning more about the ways the
Department of Labor can encourage the expansion of apprenticeships,
particularly in emerging industries and other occupations facing
significant talent shortages. Upskilling workers to succeed as American
business evolves and adapts to the use of artificial intelligence is a
national security, economic security, and workforce imperative.
Question 13. How do you view the role of civil servants at DOL?
Answer 13. Civil servants are an integral part of the Department of
Labor and help the Department execute on its mission on a daily basis.
If confirmed, the best interests of employees at the Department of
Labor will always be top-of-mind.
Question 14. The U.S. Department of Labor (DOL) has a critical role
in ensuring health insurance plans comply with the requirements of the
Affordable Care Act (ACA). How will you ensure that health plans under
DOL jurisdiction are complying with all statutory health coverage
requirements, including all ACA requirements?
Answer 14. If confirmed, I will fully and fairly enforce the law
under the Department's jurisdiction, including enforcement related to
the laws governing employer-sponsored benefits. This includes ensuring
that workers and their families receive the benefits they are owed and
that problems related to health benefits are appropriately remedied. I
will also work to ensure that these investigations are timely,
targeted, time-limited, and that they preserve the due process rights
of those subject to investigation.
Question 15. Do you commit to prioritizing investigations of
Employment Retirement Security Act (ERISA) health plans to ensure
coverage requirements are being met?
(a). If yes, how will use these investigations to ensure
compliance with health coverage requirements?
Answer 15--(a). If confirmed, I will fully and fairly enforce the
law under the Department's jurisdiction, including enforcement related
to the laws governing employer-sponsored benefits. This includes
ensuring that workers and their families receive the benefits they are
owed and that problems related to health benefits are appropriately
remedied. I will also work to ensure that these investigations are
timely, targeted, time-limited, and that they preserve the due process
rights of those subject to investigation.
senator baldwin
Question 1. As a supporter of the House companion to ``the Employee
Equity Investment Act,'' which I cosponsored last Congress, how do you
plan to promote the growth and adoption of ESOPs if confirmed as
Secretary of Labor?
Answer 1. I understand Employee Stock Ownership Plans (ESOPs) are
important to many Americans' retirement security and they often give
American workers an enhanced sense of ownership in the organizations
for which they work. For these employee-owners, it is more than just a
job; they have personal interest in the success of where they work.
It's important that the Department provide regulatory clarity and high-
quality compliance assistance to ESOPs. If confirmed, I look forward to
working with the experts at the Employee Benefits Security
Administration and with ESOP stakeholders to determine how best to
support participants in ESOPs.
Question 2. Self-Employment and entrepreneurship can be a valuable
employment option for people with disabilities.
(a). How will you provide support to individuals with disabilities
who choose to pursue entrepreneurship?
(b). Will you commit to working with the Department of Commerce and
the Small Business Administration on this issue?
(c). Will you commit to including businesses owned by entrepreneurs
with disabilities in competitions for government contracts?
Answer 2(a)--(c). I agree that self-employment and entrepreneurship
can be a valuable employment option for people with disabilities. I
understand the Department's Office of Disability Employment Policy
(ODEP) has resources to assist people with disabilities in self-
employment and entrepreneurship. If confirmed, I commit to working with
experts at the Department, stakeholders, and you and your colleagues,
to learn more about what we can do to support these opportunities for
people with disabilities. I also commit to working with my colleagues
at the Department of Commerce and the Small Business Administration,
and other agencies, to identify ways to support entrepreneurs with
disabilities and those who seek self-employment. I will also work with
the Department's procurement team to learn more about opportunities for
businesses owned by entrepreneurs with disabilities to compete for
government contracts.
Question 3. Workplace violence is unacceptable and preventable. It
is also a significant factor contributing to nurse burnout. According
to OSHA's own data, health care workers now face up to six times the
risk of violence at work than workers in other industries. Seventy-five
percent of the nearly 25,000 workplace assaults reported annually
occurred in health care and social services settings. OSHA is the
Federal agency charged with protecting health care professionals from
workplace violence, yet there are no specific OSHA standards for
workplace violence. I have introduced the Workplace Violence Prevention
for Health Care and Social Service Workers Act during the past several
sessions.
This bill directs OSHA to issue a standard requiring health care
and social service employers to write and implement a workplace
violence prevention plan to prevent and protect employees from violent
incidents. Unfortunately, while OSHA has taken steps toward issuing a
workplace violence standard, we continue to see a lack of movement
toward issuing a final standard. You committed to working on the issue
during our conversation in your nomination hearing. What actions will
you direct the agency to take to address this critical issue and ensure
nurses and other health care professionals can finally be certain of a
safe workplace?
Answer 3. I am deeply committed to OSHA's mission of ensuring that
employees work in safe and healthful environments. Workplace violence
is unacceptable, and no worker should have to worry about whether they
will make it home safely after a day of work. If confirmed, I look
forward to learning more from you on this important issue and will work
with experts at the Department, stakeholders, and the public when
evaluating regulatory needs, including with respect to workplace
violence. My goal will be to uphold the highest standards of
occupational safety, ensuring that rules prioritize the well-being of
workers while being clear, practical, and achievable for employers.
This approach will also align with the President's America First
Agenda, supporting both worker protection and a strong, resilient
American workforce.
Question 4. Ms. Chavez-DeRemer, the Department's Women in
Apprenticeship and Nontraditional Occupations grant program helps
recruit, train and retain more women in quality pre-apprenticeship and
Registered Apprenticeship programs and encourages women to pursue
nontraditional occupations. The fiscal year 2024 appropriations for the
Department requires it to spend no less than $6 million on this
important grant program, which recently supported the Wisconsin
Regional Training Partnership in my home state of Wisconsin. However, I
am hearing concerning reports that these grants are being frozen
because of the administration's Executive Orders on DEI. This is just
one example of the absurdity of the implementation of these orders.
First of all, this funding is required to be spent for these purposes
by Congress. Second, I hope we can all agree that funding to expand
apprenticeships opportunities for women is a good use of Federal
funding. Do I have your commitment to look into this issue and ensure
that grantees under this program can access their funds?
Answer 4. I believe we have a unique opportunity to deliver on
President Trump's America First Agenda by encouraging the expansion of
high-quality Registered Apprenticeships, so that more Americans can
choose this proven pathway into a career. If confirmed, I commit to
working with your office and the experts at the Department of Labor to
learn more about the Women in Apprenticeship and Nontraditional
Occupations grant program. As a former lawmaker, I greatly respect the
legislative process and Congress's role in appropriations. If
confirmed, I will approach this responsibility with that in mind, while
also ensuring resources are used effectively to support the
administration's priorities and align with the America First policy
agenda.
Question 5. The Executive Order on DEI is also causing Federal
agencies to take down Web sites with important resources for Americans.
DOL provides information about issues facing women in the workplace
such as equal pay and pay transparency, and working while pregnant and
nursing. Do you agree this is important information for the DOL to
provide, and to keep this information available on DOL's Web site?
Answer 5. If confirmed, I will ensure the Department of Labor is
following President Trump's Executive Order 14151 as directed.
senator kaine
Question 1. Our Nation's coal miners have worked for decades to
keep the country's lights on and manufacturing plants running, which
has resulted in a black lung epidemic in our Country. A study was
conducted between 2013 and 2017 in Southwest Virginia, where over 400
miners were identified to have progressive massive fibrosis--which is a
very complicated form of black. Many coalfields in Virginia have been
coaled out, leaving miners to cut through stone and rock, resulting in
silica dust inhaling. Researchers have found that exposure to silica
dust, in particular, is causing severe and complicated forms of black
lung disease that affect folks at a younger age. At my urging, the Mine
Safety and Health Administration finalized a rule to reduce miner
exposure to silica dust. Coal mines will have to come into compliance
with the rule's requirements by April. I'm hopeful this will help
reduce the risk of this debilitating disease.
(a). As Secretary, will you agree to implement and enforce the new
silica dust standard?
(b). Will you work with Congress to ensure MSHA has the resources
to properly and effectively implement the new silica dust standard?
Answer 1(a)--(b). I fully support the Department's mission of
protecting workers against workplace hazards, including in mining. No
worker should ever have to worry that once they leave their home, they
could be injured on the job. I understand that last year MSHA published
a final rule lowering its crystalline silica permissible exposure limit
and that rulemaking is currently in litigation. If confirmed, I commit
to ensuring you and your colleagues have the data needed to make
decisions regarding appropriations, and I will work closely with my
colleagues in the Department of Labor and at the Department of Justice
on the ongoing litigation.
Question 2. Analysis from Appalachian Voices and Appalachian
Citizens Law Center finds that the cost of living in many coal
communities is significantly higher than black lung benefits payments.
The report--Benefits for Coal Miners with Black Lung Falling Behind--
finds that in some places, the average monthly cost of living for a
miner and a dependent is $3,000 more than benefit payments. Benefit
levels are currently tied to the Federal pay scale rather than the cost
of living, which disconnects benefit levels from inflation. In 2023,
inflation rates were 8 percent, but benefit levels increased by just 4
percent. We must ensure those who sacrificed their health in the mines
do not have to choose between groceries and rent by aligning the
payments to miners with the actual cost of living. As Secretary, how
will you close the growing gap between the cost of living and the
stipends paid to miners with black lung and their families?
Answer 2. I understand and appreciate the critical role of our
Nation's coal miners, and I fully support the Department's mission of
protecting workers against workplace hazards, including in mining. No
worker should ever have to worry that once they leave their home, they
could be injured on the job. If I have the honor of being confirmed, I
will work with the experts at the Department to better understand the
program and our options to ensure the health and safety of our coal
miners.
Question 3. Federal black lung benefits provide a small monthly
disability payment and health care. Coal mine operators are required to
insure their black lung liabilities, but many fail to do so. If a
responsible operator cannot be identified, the Federal Black Lung
Disability Trust Fund pays the benefits. Operators have been allowed to
self-insure for years, leaving the Trust Fund nearly $1 billion in
debt, with the Department of Labor securing just 19 percent of the
necessary funds. Last month, the Biden administration required self-
insured operators to cover their current and future black lung
liabilities fully. As Secretary, will you protect the Black Lung
Disability Trust Fund and ensure coal mine operators who self-insure
fully cover all current and future black lung liabilities?
Answer 3: I understand and appreciate the critical role of our
Nation's coal miners and I fully support the Department's mission of
protecting workers against workplace hazards, including in mining. No
worker should ever have to worry that once they leave their home, they
could be injured on the job. If I have the honor of being confirmed, I
will work with the experts at the Department to better understand the
Black Lung Disability Trust Fund program and our options to ensure the
health and safety of our coal miners.
Question 4. Across Virginia, the issue I hear the most about is
workforce--training, retention, recruiting, and more. Despite our
widespread workforce shortages, 5 million young Americans are
disconnected from the education and the workforce systems, known as
opportunity youth. It is not viable for our government to ignore this
issue, and we must remove the barriers that keep these young people
from pursuing their education and starting their careers. That is why I
reintroduced the Opening Doors for Youth Act last spring, which would
help at-risk youth find summer or year-long jobs that can set them up
for success in future careers. It complements the youth-focused
Workforce Innovation and Opportunity Act programs like YouthBuild and
Job Corps. As Secretary, how will you continue to build on the progress
made toward reconnecting opportunity youth into the labor market?
Answer 4. Reengaging all Americans that have been disconnected from
the dignity and security that comes from meaningful work is critical to
the strength of our Nation, but it is particularly important for the
millions of disconnected youth who have their whole adult lives ahead
of them. As you mentioned, the Department of Labor administers several
programs that are specifically targeted to low-income and out-of-school
youth. If confirmed, I will look closely at the outcomes that are being
achieved by these programs and identify opportunities for the
Department to make improvements so they effectively reconnect youth
with employment. I would welcome the opportunity to learn more about
your legislative proposal or other ideas for opportunity youth, and
look forward to ways in which the Department could be a collaborative
partner.
Question 5. Defined Contribution retirement plans are now the
primary employer-based retirement savings vehicle available to American
workers. However, millions still do not have access to such plans, and
many who have access do not participate. I've introduced two bipartisan
bills with Senator Cassidy to help address these gaps. The Auto
Reenroll Act would encourage retirement plans to innovate with
automatic reenrollment. Surveys show that many non participants
mistakenly believe they are participating in their workplace plan--
automatic reenrollment would help prod those non-participants to start
participating on a periodic basis, while still allowing them to opt out
if they so choose. The Helping Young Americans Save for Retirement Act
would ensure that the millions of 18-, 19-and 20-year olds who work
full-time hours have access to their workplace retirement plans, in a
way similar to how the Secure Act and Secure Act 2.0 expanded coverage
to long-time, part-time workers. What are your priorities when it comes
to expanding access to and participation in workplace retirement plans?
Answer 5. The Department of Labor plays an important role in every
American worker's life--from their very first job all the way through
retirement. If confirmed, I will commit to working with you and your
colleagues, stakeholders, and experts at the Department to identify
ways to strengthen opportunities for workers to save for their
retirement--including how best to incentivize younger and part-time
workers to begin investing through employer sponsored plans earlier in
their career.
Question 6. Last August, Senator Marshall, myself, and several of
our colleagues wrote to the Department of Labor asking the agency to
move forward on the long-awaited Adequate Consideration rule. Putting
forward a rule that provides clarity to business owners on how to value
their companies when converting to an Employee Stock Ownership Plan
(ESOP) would encourage more businesses to take this route. In January,
the Office of Management and Budget moved forward a draft rule from
DOL. Will you commit to prioritizing and pushing this long-awaited rule
through the process?
Answer 6. I understand that Employee Stock Ownership Plans (ESOPs)
are important to many Americans' retirement security and that they
often give American workers an enhanced sense of ownership in the
organizations for which they work. For these employee-owners, it is
more than just a job; they have personal interest in the success of
where they work. It's important that the Department provide regulatory
clarity and high-quality compliance assistance to ESOPs. If confirmed,
I look forward to working with the experts at the Employee Benefits
Security Administration and with ESOP stakeholders to determine how
best to support participants in ESOPs.
Question 7. The complex, multi-step, multi-agency (DOL, then DHS)
process for H-2B seasonal workers begins when an employer files an
application for a prevailing wage determination for the H-2B job to
DOL's Office of Foreign Labor Certification National Prevailing Wage
Center. Processing times for prevailing wage determinations--especially
if they involve redeterminations or Center Director Reviews--can take
several months. Such lengthy processing time is particularly
problematic for industries such as seafood processors, which have
clearly defined seasons dependent on the types of seafood to be caught
and processed, as well as state law regulating the work that can be
performed during such seasons. Yet even when Virginia seafood
processors use the same wage surveys that they have used over the years
without any problems--such as the wage survey conducted by the Virginia
Marine Products Board, a part of the Virginia Department of Agriculture
and Consumer Services, a state government agency--DOL will sometimes
reject the survey. Even when the initial determination is clearly
erroneous, legitimate seasonal employers such as Virginia seafood
processors risk losing their H-2B workers for entire seasons because
the redeterminations/reviews take several months, and they cannot move
to the next step of the H-2B process until they get a prevailing wage
determination. If confirmed, what will you do to bring down the lengthy
processing times for H-2B prevailing wage determinations, especially
involving redeterminations or Center Director reviews?
Answer 7. I understand that the seafood industries in many parts of
the country--not only the Eastern Shore of Virginia and Maryland, but
also in Maine and Alaska and elsewhere--are reliant on H-2B visas to
keep their seasonal processing operations running. The Department of
Labor's role is to test the labor market and ensure employers applying
are offering wages at least equal to the prevailing wage. If confirmed,
I will work with experts at the Employment and Training Administration,
and my colleagues at the Departments of Homeland Security and State, to
do everything we can to streamline processing of these applications.
Question 8. Since 2019, DOL's Office of Foreign Labor Certification
Chicago National Processing Center (Chicago NPC) moved from first-in,
first-out to a random selection process, where all H-2B labor
certification applications filed within a 3-day filing window would be
placed an ``Assignment Group,'' comprised of approximately 20,000
worker positions per group. For example, in January 2023, DOL conducted
the randomization process for the H-2B labor certifications filed for
the start date of April 1, 2023. It received applications for 142,796
worker positions. According to DOL, Group A included enough worker
positions to reach the semi-annual H-2B cap of 33,000 and had to create
six additional Assignment Groups for the remaining labor certification
applications. Unless they are fortunate enough to be in Group A,
employers will not have any certainty that they will be able to get the
H-2B workers that they need by the time that they need them. Even
though DOL and DHS will release supplemental H-2B visas later in the
year, that will not necessarily help employers in Groups B and below,
because DOL adjudicates the labor certification applications in order
of the Group placement. Because DOL will not get to the latter groups
until April or May, the employers in these groups may not have the
approved labor certification applications that they need in order to
file the H-2B visa petitions with USCIS in time for them to access the
supplemental visas. As a small business owner yourself, I hope you can
see how the current DOL H-2B processes make it very difficult for
seasonal businesses such as Virginia seafood processors to plan for
upcoming seasons. If confirmed, what will you do to improve timely
adjudication of H-2B labor certification applications?
Answer 8. While I am not yet fully versed on changes to the Chicago
NPC's selection process for labor certification applications, I
understand their importance of the H-2B labor certification process to
Virginia's seafood and fishing industries. If confirmed, I will work
with experts at the Employment and Training Administration, and my
colleagues at the Departments of Homeland Security and State, to do
everything we can to streamline processing of these applications.
senator hassan
Question 1. I voted for a measure that President Trump signed into
law during his first term guaranteeing paid leave for Federal
employees. This was an important step forward in supporting working
families. If confirmed, how will your Department work with Congress to
ensure that more workers have access to guaranteed, job-protected
leave?
Answer 1. I believe it is important for workers to have access to
paid leave, and I commend employers who provide it. If confirmed, it
will be my pleasure to provide technical assistance to Congress as it
considers various paid leave proposals.
Question 2. Currently, victims of domestic violence, sexual
assault, and stalking are not provided job-protected unpaid leave under
the Family and Medical Leave Act. Expanding job-protected leave would
allow victims to seek medical treatment, get legal protection, and take
care of other emergency needs such as moving their children to safety.
If confirmed, would you work with me to examine legislative options to
close this gap in job-protected leave?
Answer 2. Thank you for raising this serious question to me. It is
important to me that we provide robust protections and assistance to
survivors of domestic violence and sexual assault. If confirmed, I
would be happy to work with your office and provide technical
assistance as you explore ways to fill in this gap in our laws.
Question 3. Registered apprenticeships are an affordable pathway to
good-paying jobs and are increasingly being developed to help address
in-demand fields that are facing labor shortages, such as in the health
care sector and in the teaching profession. How will you support the
expansion of registered apprenticeships in in-demand fields that are
facing worker shortages?
Answer 3. I believe we have a unique opportunity to deliver on
President Trump's America First Agenda by encouraging the expansion of
high-quality Registered Apprenticeships, so that more Americans can
choose this proven pathway into a career. If confirmed, I look forward
to learning more about the ways the Department of Labor can encourage
the expansion of apprenticeships, particularly in emerging industries
and other occupations facing significant talent shortages. Engaging
more employers will be essential to expanding apprenticeships, as
apprenticeships are not simply a training program but are paid jobs
with wage progression connected to the apprentice gaining skills. I
also recognize the importance of the Department of Labor encouraging
more state leadership and initiative in apprenticeship expansion, and
promoting better coordination with the WIOA system to leverage existing
resources to support American workers and businesses. As you know,
Congress provides funding to the Department of Labor for the
apprenticeship expansion, and I will be focused on ensuring those
taxpayer resources are directed as effectively as possible to enhance
apprenticeships and benefit the American worker.
senator hickenlooper
Question 1. The Department of Labor has been stagnant in advancing
a requirement in the No Surprises Act which requires health plans to
provide patients with an advance explanation of benefits and a good
faith estimate of the cost of their care. This allows patients, like
me, to better understand their out-of-pocket costs before a hospital
provides the care. There has been no word on the status of implementing
this requirement since last July when the Department indicated it would
be published in 2025. If confirmed, will you prioritize moving forward
on this long-delayed process so patients will have the health care
price transparency they deserve?
Answer 1. I understand the importance of ensuring American workers
have price transparency when making healthcare decisions. If I have the
honor of being confirmed, I will work with the experts at the Employee
Benefits Security Administration to learn more about this rulemaking
and determine the best path forward to meet the Department's statutory
requirements under the No Surprises Act.
Question 2. As Secretary, you will oversee processes to collect and
investigate whistleblower complaints regarding workers' safety on the
job, ensuring they are properly compensated, and that they are treated
fairly according to Federal law. whistle blowers are important in any
workforce. They give us a glimpse into workers' experiences and signal
areas for improvement. And because of their sensitive nature, workers
are offered confidentiality and protection from retaliation.
(a). What assurances will you give workers--who I remind you
are private citizens--that the Trump administration will not
censure their voices in the workplace?
(b). If President Trump proposed rolling back whistle blowers'
protections or clawing back resources from DOL's whistleblower
investigations, how would you advise him?
Answer 2(a)--(b). I am deeply committed to OSHA's mission of
ensuring that employees work in safe and healthful environments and
this includes its Whistleblower Protection Program (WPP). WPP enforces
more than 20 Federal laws to protect employees from retaliation for
raising concerns about violations of law in the workplace. These
whistleblower laws provide important protection for American workers
and, if confirmed, I commit to fully and fairly enforcing these laws to
protect workers from retaliation.
Question 3. Representative Chavez-DeRemer, your testimony talks
about the recent widespread layoffs workers have seen in the private
sector, specifically in the auto-industry. Now, we're seeing President
Trump's administration and his Department of Government Efficiency
(DOGE) acting swiftly, and often unlawfully, to implement sweeping
layoffs in the Federal workforce and reducing transparency. As
Secretary of Labor, you will oversee programs like the joint Federal-
state unemployment benefits program, and programs to protect workers'
retirement benefits and pensions. These are funds that Americans rely
on to live, so they must continue reaching our constituents. How do you
intend to navigate these staff changes as losing long term, qualified
civil servants jeopardizes DOL's ability to oversee these vital
programs?
Answer 3. I am deeply committed to the Department of Labor's
mission to foster, promote, and develop the welfare of the wage
earners, job seekers, and retirees of the United States; improve
working conditions; advance opportunities for profitable employment;
and assure work-related benefits and rights. If confirmed, I look
forward to partnering with agency experts to assess resources. The
Department will leverage its resources and staffing levels to
effectively fulfill its mission. While the President proposes the
budget, it is ultimately up to Congress to determine funding. I am
committed to supporting the President in developing budget proposals
that prioritize the protection of American workers, and I will ensure
that any resources allocated are used efficiently and responsibly.
Question 4. As part of President Trump's recent freeze on Federal
regulations, dozens of pieces of Federal guidance from the Occupational
Safety and Health Administration have been paused indefinitely subject
to the Administration's review. Across the country, tragic workplace
incidents have brought workers and employers to Congress and to our
Executive Branch to ask what can be done to help make their industries
safer. For example, Colorado's tree care industry has tirelessly
advocated for a new safety standard for years. And now, the standard is
being held up as part of this regulatory freeze.
(a). Do you acknowledge the important role that OSHA, and its
guidance, plays in ensuring workers' safety?
(b). Will you commit to getting this guidance out the door
quickly to protect these workers and these small businesses
that want regulatory clarity?
(c). Will you also oppose any future efforts by the White House
or by Congress to undermine OSHA or its work?
Answer 4(a)--(c). I am deeply committed to OSHA's mission of
ensuring that employees work in safe and healthful environments. No
worker should have to worry about whether they will make it home safely
after a day of work. As with many other pending regulations, this is
subject to President Trump's regulatory freeze Executive Order. If
confirmed, I look forward to learning more from you on this important
issue and will work with experts at the Department, stakeholders, and
the public when reviewing any worker safety regulations, including with
respect to a tree care standard. My goal will be to uphold the highest
standards of occupational safety, ensuring that rules prioritize the
well-being of workers while being clear, practical, and achievable for
employers. This approach will also align with the President's America
First Agenda, supporting both worker protection and a strong, resilient
American workforce.
Question 5. Representative Chavez-DeRemer, Over 50 million
Americans go to work everyday but don't have a convenient way to save
for retirement. This is particularly true of our independent workforce,
which includes self-employed business owners, farmers, and our gig
economy workers.
(a). If confirmed, what specific actions will you take to help
make sure every American has the opportunity to plan and save
for a financially secure retirement?
(b). Will you be able to help American families achieve these
goals if the department loses qualified staff?
Answer 5(a)--(b). The Department of Labor plays an important role
in every American worker's life-from their very first job all the way
through retirement. If confirmed, I will commit to working with you and
your colleagues, stakeholders, and experts at the Department to
identify ways to strengthen opportunities for workers to save for their
retirement and learn more about barriers and challenges that workers
may face in accessing health insurance and retirement plans--including
for app-based workers, independent contractors, and employees of small
businesses.
Question 6. In my home state of Colorado, we worked to make skills
and education attainment more user friendly by creating a credential
registry. This registry publishes information about the credentials and
skills available through our state's WIOA providers and helps to inform
tools for students and workers like My Colorado Journey.
(a). Given the growing demand for skills-based hiring and
career navigation tools like these, how will DOL leverage
credential transparency to improve workforce outcomes?
(b). What steps could the agency take to support and scale
these efforts in and across states and nationally?
Answer 6(a)--(b). I'm glad to hear about Colorado's efforts on
credential transparency and skills-based hiring. It is important to
improve opportunities for the millions of Americans who choose not to
pursue a 4-year degree. If confirmed, I look forward to learning more
about the programs and initiatives at the Department that support
workforce data tools and innovations. I also believe it's important for
the Federal Government to learn best practices from states that have
successfully launched workforce initiatives, like My Colorado Journey.
Question 7. Jobs for the Future (JFF) has asked: ``Under your
leadership, what steps would the Department take to ensure cross-agency
collaboration around data-sharing, data quality, and transparency to
ensure the Federal Government is accurately tracking the impact of
taxpayer-funded training programs on long-term labor market outcomes,
and sharing that information with the public?''
Answer 7. Enhancing the quality and availability of data on
taxpayer-funded workforce investments is critical for both jobseekers
and policymakers. The American worker deserves accurate and actionable
data to determine the best career pathways or upskilling opportunities
for their future and policymakers need to be able to put public
workforce funding to its best possible uses to ensure it can deliver
when workers are underemployed, displaced, or out of the labor force.
Good data on the performance of programs that receive taxpayer funding
is also crucial for agencies to be good stewards of taxpayer dollars.
If confirmed, I look forward to working with my colleagues at the
Department and collaboratively across government to identify
opportunities to enhance transparency, usability, and application of
workforce investment and outcomes data.
Question 8. The datacenters that power American AI require an
infrastructure ecosystem that is heavily reliant on skilled tradesmen
and women. Data center construction companies are particularly reliant
on large numbers of skilled electricians and pipe fitters, including
members of organized labor unions. In the U.S., the growing demand for
electricity and the critical need for skilled electricians is likely to
require over 500,000 new registered apprentices by 2032. What is your
vision for expanding apprenticeships to meet the workforce needs,
including for high demand occupations like electricians and pipe
fitters that will be needed for the United States to win the
geopolitical race on AI?
Answer 8. Hickenlooper Answer 8: I believe the continued economic
success and global leadership of the United States is dependent on the
skill, effort, and initiative of the American worker. Providing
America's workforce the best opportunities to gain skills and achieve
their potential is a core element of President Trump's America First
Agenda. Artificial Intelligence depends on critical skills that are not
easily replicated, and we will need to explore all workforce
development options to ensure that the American worker is poised to
benefit from AI and that the U.S. continues to be a global leader in
AI. If confirmed, I will work to expand high-quality workforce
development programs in emerging industries and occupations, including
to expand high-quality Registered Apprenticeships, so that more
Americans can choose this proven pathway into a career. I look forward
to learning more about the ways the Department of Labor can encourage
the expansion of apprenticeships, particularly in emerging industries
and other occupations facing significant talent shortages. Upskilling
workers to succeed as American business evolves and adapts to the use
of AI is a national security, economic security, and workforce
imperative.
Question 9. Students with disabilities graduate high school at
rates significantly lower than the general population. How will you
partner with other Departments and agencies, such as the Department of
Education, to ensure that youth with disabilities are prepared to enter
the workforce?
Answer 9. I share your concern that students with disabilities
graduate high school at lower rates and strongly believe in
strengthening educational and employment opportunities for these
individuals. I understand that the Department's Office of Disability
Employment Policy (ODEP) works on policies related to youth
transitioning from school to adulthood and the world of work and has
various initiatives to help prepare youth with disabilities for the
workforce. If confirmed, I will commit to working with experts at the
Department, stakeholders, you and your Senate colleagues, as well as my
counterparts at other agencies to learn more about what we can do to
support employment opportunities for youth with disabilities. I want to
make sure employers have the support they need to successfully recruit,
hire, and retain youth employees with disabilities.
Question 10. Our national workforce development systems are not
reaching rural and Native communities, partially because our workforce
system has been underfunded. During your time in Congress, you
supported the Workforce Innovation and Opportunity Act reauthorization.
Implementation of this landmark law requires Federal workers at DOL to
issue payments for what WIOA funding we do have, review plans, and
provide support to career training efforts on the ground in rural and
Native communities.
(a). If confirmed, will you protect DOL workers who help get
Workforce Innovation and Opportunity Act dollars out the door
to our communities?
(b). Will you also uphold DOL's legal obligation to Tribes by
ensuring these workers get WIOA Sec. 166 program dollars out to
their communities?
Answer 10(a)--(b). If confirmed, I will work to ensure Workforce
Innovation and Opportunity Act funds are disbursed to states as
efficiently as possible. I will also work with the Department's Office
of the Solicitor to ensure we are meeting all legal obligations,
including those required by WIOA.
Question 11. My state of Colorado has a number of former
Deptartment of Energy workers who have serious illnesses due to toxin
exposure at the Rocky Flatts site. I am a strong supporter of the
Department of Labor's program, the Energy Employees Occupational Injury
Compensation Program. Today there is a shortage of doctors to treat
these patients, especially in rural areas across the country. Senator
Blackburn and I introduced a bill last Congress to update the law to
allow nurse practitioners and physician assistants to be able to
recertify the patient's participation in the program and to allow them
to order care for these patients. Do you agree that these workers
deserve excellent care and that an update is needed to address this
issue?
Answer 11. Workers covered by the EEOICPA program deserve excellent
care. I understand the importance of the EEOICPA program, and if
confirmed, I will commit to working with the experts at the
Department's Office of Workers' Compensation Programs to learn more
about the program and administrative challenges that may exist, in
addition to working with you and your colleagues to understand your
specific concerns regarding access to these vital benefits.
Question 12. In Colorado, we have seen a lot of upheaval in the
labor market over the past few years. Going forward, we must
efficiently direct our workers and students to in-demand occupations
and supplement our workforce with the best and brightest from outside
the United States when it makes sense. We think that DOL's Schedule A
list could be a useful tool for identifying which occupations are in
the most need for workers, but it has not been meaningfully updated
since 1991. In Congress, there is demonstrated bipartisan support for
this solution from recommendations from the House China Committee and
the Joint Economic Committee to bipartisan letters, such as the one I
sent with my colleagues, Senators Rounds, Cramer, and former-Senator
Manchin. As Labor Secretary, do you plan to modernize the Schedule A
list? Will you commit to working with Congress to identify what the
Department would need to do so?
Answer 12. I agree that we must efficiently prepare the American
worker and our students for in-demand occupations. While I am not fully
versed on Schedule A, if confirmed I look forward to working with the
Department of Labor's experts and you and your colleagues to learn more
about Schedule A and its policy and programmatic options.
Question 13. According to DOL's Web site, the average processing
time for a permanent labor certification application is 489 days (as of
February 1, 2025), up from 96 days in fiscal year 2019. The average
processing time for a prevailing wage determination can be 6 months or
more. This means that to complete the requirements for hiring an
international worker on a green card can take more than 18 months. The
wait can be especially impactful for Colorado, where our largest
industries, manufacturing, aerospace, and bioscience, rely on being
able to attract and retain the brightest workers from all over the
world.
(a). Would you commit to investigating why processing times are
so long for permanent labor certification applications and
identifying the challenges the Department faces to reduce these
processing times?
(b). As Secretary, would you work with Congress to help the
Department develop a plan to reduce these processing times in
the next year?
Answer 13(a)--(b). If confirmed, I will gladly commit to examining
the efficiency of labor certification processes and to working with
experts at the Department to find reforms that can improve the
administration of related programs. Also, if I have the honor of being
confirmed, I will seek insight from Congress and impacted stakeholders
as I work to improve the Department's labor certification programs.
Question 14. Individuals applying for adjustment of status must
wait 180 days before being able to switch employers. Given that the
180-day clock begins only after the PERM is certified, is it fair to
say that cutting down on these PERM backlogs is necessary to ensure
that foreign workers are not tied to their employers and is important
to maintain a competitive labor market?
Answer 14. I'm not familiar with the PERM backlog and cannot at
this time make a determination as to the best path forward. However, if
confirmed, I will gladly commit to examining the efficiency of labor
certification processes and to working with experts at the Department
to find reforms that can improve the administration of related
programs. Also, if I have the honor of being confirmed, I will seek
insight from Congress and impacted stakeholders as I work to improve
the Department's labor certification programs.
senator markey
Question 1. If confirmed, do you commit to abiding by all terms and
conditions of collective bargaining agreements between the Department
of Labor and agency staff?
Answer 1. My focus, if confirmed, will be ensuring that the
Department of Labor carries out its responsibilities to protect
American workers and strengthen our economy. If confirmed, I will
follow the law and work with the experts at the Department to
understand the collective bargaining process at the Department as well
as the terms and conditions of the collective bargaining agreements in
place.
Question 2. If confirmed, how do you plan to respond to requests
made by Trump administration officials, DOGE personnel, or White House
staff to unlawfully fire career personnel within the Department of
Labor?
Answer 2. If confirmed, I will follow the law and the advice of the
Department's Solicitor's Office and human resources experts, along with
any directives from the White House, when making employment-related
decisions.
Question 3. If confirmed, do you commit to reinstating any
Department of Labor employees fired in violation of law or in violation
of collective bargaining agreements?
Answer 3. If confirmed, I will of course comply with any court
orders related to Department of Labor employment decisions.
Question 4. If confirmed, what steps will you take to ensure that
career personnel within the Department of Labor are protected from
politically motivated dismissals and reassignments?
Answer 4. If confirmed, I will follow the law and the advice of the
Department's Solicitor's Office and human resources experts, along with
any directives from the White House, when making employment-related
decisions.
Question 5. What will you do to protect employer and worker data
and confidentiality from DOGE personnel?
Answer 5. If confirmed, I will ensure that all personnel are
executing their roles in full compliance with Federal law. I will also
work with career ethics officials and others in the Solicitor's Office
to ensure that Federal privacy laws are being followed.
Question 6. President Trump's actions related to the disbursement
of Federal funding, funding freezes, and funding cuts has created
widespread confusion and halted critical government programs. What will
you do to work with President Trump to ensure DOL funding is maintained
so the agency can continue to function effectively and fulfill its
mission and designated duties?
Answer 6. I am deeply committed to the Department of Labor's
mission to foster, promote, and develop the welfare of the wage
earners, job seekers, and retirees of the United States; improve
working conditions; advance opportunities for profitable employment;
and assure work-related benefits and rights. If confirmed, I look
forward to partnering with agency experts to assess available resources
and identify any additional needs. The Department will leverage its
resources and staffing levels to effectively fulfill its mission. While
the President proposes the budget, it is ultimately up to Congress to
determine funding. I am committed to supporting the President in
developing budget proposals that prioritize the protection of American
workers, and I will ensure that any resources allocated are used
efficiently and responsibly.
Question 7. Amazon is the second largest private sector employer in
the country, with over one million workers. Amazon uses a punishing
quota system powered by invasive surveillance technology to enforce
speed standards. In 2023, one in 15 Amazon workers were injured on the
job. If confirmed, do you commit to dedicating resources toward
enforcing warehouse worker safety?
Answer 7. I am deeply committed to OSHA's mission of ensuring that
employees work in safe and healthful environments. No worker should
have to worry about whether they will make it home safely after a day
of work. If confirmed, I look forward to learning more from you about
this important issue and will work with experts at the Department,
stakeholders, and the public when evaluating regulatory needs,
including with respect to warehouse worker safety. My goal will be to
uphold the highest standards of occupational safety, ensuring that
rules prioritize the well-being of workers while being clear,
practical, and achievable for employers. This approach will also align
with the President's America First Agenda, supporting both worker
protection and a strong, resilient American workforce.
Question 8. In your ethics letter, you said that you would not
``participate personally and substantially in any particular matter . .
. in which I know that a person whose interests are imputed to me has a
financial interest directly and predictably affected by the particular
matter'' unless you obtain a written waiver. You also wrote that you
understand that the interests of your spouse are imputed to you. The
Department of Labor has significant sway over a number of regulations
and programs that are implicated by the takeover of the healthcare
industry by private equity companies. Your husband, Shawn DeRemer,
testified last year in opposition to an Oregon State Senate bill that
would have limited the ability of private equity companies to take over
healthcare companies in the state of Oregon.
(a). Has Anesthesia Associates Northwest received any
investment from private equity?
i. Has Anesthesia Associates Northwest received any
other private investment, and if so, when and from who?
ii. Will Anesthesia Associates Northwest ever receive
private equity investment?
(b). If confirmed, do you commit to recusing yourself from
decisions related to private equity companies' involvement in
health care during your time as Secretary?
(c). If confirmed, do you commit to recusing yourself from
decisions that would impact the allowance of private equity
investments in retirement plans?
(d). If confirmed, do you commit to recusing yourself from
decisions that would impact private equity-owned companies'
obligations under the Employee Retirement Income Security Act
of 1974 (ERISA)?
(e). If confirmed, do you commit to recusing yourself from
decisions that would impact private equity-owned companies' use
of Consolidated Omnibus Budget Reconciliation Act (COBRA)
continuation benefits?
Answer 8(a)i--ii--(e). I kindly ask that you please correct the
record regarding the spelling of my husband's name. It is Dr. Shawn
DeRemer. Thank you. Anesthesia Associates Northwest has not received
any investments from private equity firms, nor has it received any
other private investment. If confirmed, I will consult with the ethics
officials at the Department of Labor to ensure there are no conflicts
of interest.
Question 9. Shawn DeRemer also testified that including ``non-
competitive covenants, and non-disclosure covenants within healthcare
provider contracts'' would ``negatively impact Oregon medical
businesses.''
(a). If confirmed, do you commit to recusing yourself from any
decisions relating to non-compete clauses during your time as
Secretary?
(b). If confirmed, do you commit to recusing yourself from any
decisions relating to non-disclosure agreements during your
time as Secretary?
Answer 9(a)--(b). I kindly ask that you please correct the record
regarding the spelling of my husband's name. It is Dr. Shawn DeRemer.
Thank you. If confirmed, I will consult with the ethics officials at
the Department of Labor to ensure there are no conflicts of interest.
Question 10. In addition to worse patient care and higher death
rates for patients, private equity ownership of health care is tied to
lower staffing ratios, increased worker safety risks, and high rates of
bankruptcy and closure, which threatens health care workers' wages and
pensions. Do you believe that private equity ownership of health care
is a threat to workers?
Answer 10. The decision as to whether private equity can own health
care companies is not within the jurisdiction of the Department of
Labor. To the extent that a health care company is subject to the
jurisdiction of the Department of Labor's laws and violates the law, I
will commit to fully and fairly enforcing the law if confirmed.
Question 11. How does the Department plan to engage to support
workers in response to hospital and other health care bankruptcies
driven by private equity?
Answer 11. It's difficult to speak to hypotheticals, but where
workers are displaced due to health care bankruptcies--driven by
private equity or otherwise--I would expect the Department to treat
these workers the same as all other displaced workers. I understand the
Department has jurisdiction over the WARN Act and other programs under
the Employment and Training Administration. If confirmed, I look
forward to learning more about these programs and commit to working
with you and your colleagues when workers are displaced.
Question 12. The Department of Labor Occupational Safety and Health
Administration (OSHA), when combined with state partners, has about
1,850 workplace health and safety investigators for over 130 million
workers at 8 million worksites. That's one inspector for every 70,000
workers.
(a). What additional resources does OSHA need to effectively
enforce health and safety laws at workplaces within its
jurisdiction?
(b). If confirmed, do you commit to submitting a budget request
that increases funding for OSHA over the previous fiscal year,
for each year you serve as Secretary of Labor?
(c). Do you believe that the Wage and Hour Division (WHD) has
sufficient resources to effectively enforce health and safety
laws at workplaces within its jurisdiction?
(d). If confirmed, do you commit to submitting a budget request
that increases funding for WHD over the previous fiscal year,
for each year you serve as Secretary of Labor?
(e). If President Trump and Elon Musk achieve their goal of
cutting 10 percent of the Federal workforce, how, in your
opinion, could the Department of Labor adequately enforce the
laws it is tasked to enforce?
Answer 12(a)--(e). The Department of Labor enforces more than 180
Federal workplace laws. I strongly believe in the missions of the
Department's sub-agencies--including the Occupational Safety and Health
Administration and the Wage and Hour Division. If confirmed, I look
forward to partnering with leadership at the Department to assess
resources . The Department will leverage its resources to effectively
fulfill its mission. While the President proposes the budget, it is
ultimately up to Congress to determine funding. I am committed to
supporting the President in developing budget proposals that prioritize
the protection of American workers, and I will ensure that any
resources allocated are used efficiently and responsibly.
Question 13. In 2024, the Department of Labor finalized the
Employee or Independent Contractor Classification Under the Fair Labor
Standards Act regulation which revised the Department's criteria for
classifying workers as independent contractors.
(a). If confirmed, do you commit to enforcing the regulation as
written?
(b). If confirmed, will you seek to change this regulation?
Answer 13(a)--(b). If confirmed as Labor Secretary, I understand
that I will have the ability to enforce President Trump's rules and
parameters around who is an employee and who is an independent
contractor. However, I cannot comment on the Fair Labor Standards Act
independent contractor regulation specifically, as it is in litigation.
If confirmed, I will consult with the Solicitor of Labor as well as the
Department of Justice with respect to that matter. Apart from the
litigation, if confirmed, I will consult with my advisors at the
Department, including the Solicitor of Labor as well as the
Administrator of the Wage and Hour Division, to determine the
Department's course of action with respect to this regulation.
Generally speaking, I believe it's important to allow workers to
have the flexibility to be in business for themselves--including
through the independent contractor model. I also believe it's important
to ensure no one is circumventing the laws by intentionally
misclassifying their employees. I understand that President Trump
previously issued guidance and rulemaking on the issue of independent
contractors, and if confirmed, I will deliver on President Trump's
America First Agenda.
Question 14. In 2021, the Department of Labor finalized the
Rescission of Joint Employer Status Under the Fair Labor Standards Act
rule to rescind the regulations established in the 2020 Joint Employer
Rule.
(a). If confirmed, do you commit to enforcing the regulation as
written?
(b). If confirmed, will you seek to change this regulation?
Answer 14(a)--(b). The Department of Labor has an important role in
ensuring that employers receive clear guidance on their obligations and
potential liability. If confirmed, I look forward to being briefed on
this matter by experts at the Department. As a small business owner
myself, I fully support policies that help create and protect small
businesses, including the franchise business model. As Labor Secretary,
I understand that I will have the authority to regulate in this space,
and I will be determined in my commitment to enforce President Trump's
America First agenda.
Question 15. In 2024, the Department of Labor finalized the
Retirement Security Rule and Amendments to Class Prohibited Transaction
Exemptions for Investment Advice Fiduciaries regulation to define
investment advice fiduciaries under the Employment Retirement Income
Security Act (ERISA).
(a). If confirmed, do you commit to enforcing the regulation as
written?
(b). If confirmed, will you seek to change this regulation?
Answer 15. I understand that this rule is currently the subject of
ongoing litigation. If confirmed, I look forward to being briefed on
this matter and will commit to work closely with my colleagues at the
Department of Labor and at the Department of Justice. More generally,
the Department of Labor plays a critical role in protecting the
retirement benefits that Americans have earned. Workers should have
access to sound financial advice, and the law requires retirement plan
fiduciaries to act in the best interest of plan participants and
beneficiaries. The retirement system needs to work for workers,
retirees, retirement plan sponsors, plan fiduciaries, and service-
providers. If confirmed, I look forward to consulting--in a transparent
manner--with all stakeholders and receiving feedback in determining
whether and how the system can be improved.
Question 16. In 2024, the Department of Labor announced a proposed
rule to protect indoor and outdoor workers from extreme heat. If
confirmed, do you commit to finalizing the regulation as written?
Answer 16. I fully recognize the importance of ensuring workers are
safe in high-heat environments and am deeply committed to OSHA's
mission of ensuring that employees work in safe and healthful
environments. No worker should have to worry about whether they will
make it home safely after a day of work. As with many other pending
regulations, this is subject to President Trump's regulatory freeze
Executive Order. If confirmed, I will work with experts at the
Department, stakeholders, and the public when reviewing any worker
safety regulations. My goal will be to uphold the highest standards of
occupational safety, ensuring that rules prioritize the well-being of
workers while being clear, practical, and achievable for employers.
This approach will also align with the President's America First
Agenda, supporting both worker protection and a strong, resilient
American workforce.
Question 17. In 2024, the Department of Labor finalized the
Defining and Delimiting the Exemptions for Executive, Administrative,
Professional, Outside Sales, and Computer Employees regulation to raise
the salary eligible for overtime benefits of employees in certain
sectors.
(a). If confirmed, do you commit to continuing to pursue the
appeal of the November 15, 2024 Eastern District of Texas?
(b). If confirmed, will you seek to change this regulation?
Answer 17. I understand that this rule is still in litigation. If
confirmed, I will commit to carefully reviewing all regulations under
the Department's jurisdiction and working with my colleagues in the
Solicitor's Office and at the Department of Justice as appropriate on
regulatory litigation. Overtime rulemaking authority is an important
part of the Department of Labor's scope, and I believe that threshold
should be periodically reviewed to reflect the changing economy and
current economic conditions without shocking the economy.
Question 18. If confirmed, you will serve as the Chairman of the
Board of the Pension Benefit Guaranty Corporation (PBGC).
(a). What will you do to protect the pensions of workers across
the country?
(b). What safeguards will you implement to ensure that DOGE
does not have influence over Pension Benefit Guaranty
Corporation (PBGC) single-employer plan surplus that ensures
PBGC has sufficient resources to pay benefits?
(c). What will you do to ensure that DOGE does not interfere
with PBGC payment plans or payment disbursement mechanisms?
Answer 18(a)--(c). The Department of Labor plays an important role
in every American worker's life--from their very first job all the way
through retirement. If confirmed, I will take my responsibility to
ensure the welfare of retirees seriously. In my capacity as Chairman of
the Board of the PBGC, I will work with fellow Board members, the
PBGC's Advisory Committee, and PBGC staff to ensure that PBGC is
effectively executing on its responsibilities under ERISA to backstop
defined benefit pension plans subject to PBGC's jurisdiction.
Question 19. The Department of Labor's Employee Benefits Security
Administration (EBSA) devotes substantial resources to protecting the
contributions made by employees and the matching contributions promised
by their employers to employer-sponsored benefit plans, including
401(k)'s and health plans. Workers have had their contributions to
their pension or health plans withheld from their paychecks without
their employers depositing the money in the plans in a timely manner--
or even at all in some cases. Instead, these employers kept the
workers' contributions and used them for their own purposes or for
other unrelated purposes. What should the Department do to more
effectively protect working people against employers' misuse of their
retirement and health money?
Answer 19. The Department of Labor plays an important role in every
American worker's life--from their very first job all the way through
retirement. If confirmed, I will take my responsibility to ensure the
welfare of retirees seriously. I will commit to working with you and
your colleagues, stakeholders, and experts at the Department to ensure
workers' retirement benefits are safe and secure. I will also fully and
fairly enforce the law against bad actors who misuse workers'
retirement benefits.
Question 20. Employers are increasingly relying on artificial
intelligence (AI) in the selection and management of employees.
However, AI systems have been proven to unlawfully discriminate against
employees and prospective employees, including on the basis of race,
gender, age, and disability status. Do you support ensuring that
artificial intelligence products utilized by employers are not
discriminatory or biased?
Answer 20. No worker should be discriminated against in the
workplace, and discrimination in the workplace is unlawful--whether it
occurs through a human or artificial intelligence. If confirmed, I
commit to ensuring the Department of Labor provides all the tools
necessary under the Department's jurisdiction to ensure workers are
protected against potential bias by artificial intelligence, based upon
longstanding civil rights laws. The Equal Employment Opportunity
Commission, a Federal agency independent of the Department of Labor,
has the responsibility to enforce civil rights laws as they relate to
discrimination in hiring and the workplace.
Question 21. What steps would you take to protect workers from the
discriminatory impacts of AI related to the hiring and management or
workers?
Answer 21. No worker should be discriminated against in the
workplace and discrimination in the workplace is unlawful--whether it
occurs through a human or artificial intelligence. If confirmed, I
commit to ensuring the Department of Labor provides all the tools
necessary under the Department's jurisdiction to ensure workers are
protected against potential bias by artificial intelligence, based upon
longstanding civil rights laws. It is important that the Department
proactively work with AI technology vendors to provide them with a
clear understanding of any civil rights laws under the Department's
jurisdiction that apply to the products they are developing. The Equal
Employment Opportunity Commission, a Federal agency independent of the
Department of Labor, has the responsibility to enforce civil rights
laws as they relate to discrimination in hiring and the workplace.
Question 22. If confirmed, how do you plan to address the increase
of AI-enabled worker surveillance?
Answer 22. If confirmed, I will ensure that existing workplace
privacy laws under the Department's remit are enforced when appropriate
to AI-enabled workplace software.
Question 23. Should employers be required to notify employees, or
potential employees, about the use of AI in the workplace related to
the management and evaluation of workers?
Answer 23. Under existing Federal law, workers generally have
limited rights to privacy when using workplace technologies. I am aware
that many states, like Massachusetts, have passed laws restricting
certain workplace monitoring and requiring employee consent. If
confirmed, I look forward to working with your office to learn more
about this issue and providing technical assistance if Federal
legislation is necessary.
Question 24. You have spoken about your support of apprenticeship
programs, which provide high-quality training and wages.
(a). What will you do to support registered apprenticeship
programs?
(b). Do you believe the Department of Labor should recognize
apprenticeships that are not federally registered, such as the
Industry Recognized Apprenticeship Program (IRAP) created under
the previous Trump administration?
Answer 24(a)--(b). I believe that we have a unique opportunity to
deliver on President Trump's America First Agenda by encouraging the
expansion of high-quality Registered Apprenticeships, so that more
Americans can choose this proven pathway into a career. If confirmed, I
look forward to learning more about the ways the Department of Labor
can encourage the expansion of apprenticeships, particularly in
emerging industries and other occupations facing significant talent
shortages. Engaging more employers will be essential to expanding
apprenticeships, as apprenticeships are not simply a training program,
but paid jobs with wage progression connected to the apprentice gaining
skills. I also recognize the importance of the Department of Labor
encouraging more state leadership and initiative in apprenticeship
expansion, and promoting better coordination with the WIOA system to
leverage existing resources to support American workers and businesses.
As you know, Congress has annually provided funding to the Department
of Labor for apprenticeship expansion, and I will be focused on
ensuring those taxpayer resources are directed as effectively as
possible to grow apprenticeships and benefit the American worker.
Question 25. President Trump has issued executive orders related to
diversity, equity, and inclusion. Some agencies have begun purging
funding for projects include the words ``female,'' ``historically'' and
``male-dominated.'' If confirmed, would you revoke funding for programs
such as the Women in Apprenticeship and Nontraditional Occupations
grant program that seeks to help females enter and advance in
historically male-dominated industries such as construction?
Answer 25. I believe we have a unique opportunity to deliver on
President Trump's America First Agenda by encouraging the expansion of
high-quality Registered Apprenticeships, so that more Americans can
choose this proven pathway into a career. If confirmed, I commit to
working with your office and the experts at the Department of Labor to
learn more about the Women in Apprenticeship and Nontraditional
Occupations grant program.
Question 26. If confirmed, what will you do to ensure all federally
funded projects comply with Davis-Bacon standards?
Answer 26: Federal agencies that contract for construction work are
responsible for incorporating the Davis-Bacon Act into their contracts.
The Department of Labor is responsible for determining prevailing wage
rates under the act, as well as enforcing the law's substantive terms.
Should I have the honor of being confirmed, I will work with experts at
the Wage and Hour Division to ensure, as appropriate, that the act is
enforced, wages are properly calculated, and contractors are
appropriately guided on compliance. Also, if confirmed, I hope to build
strong interagency relationships to advise my counterparts on this and
other elements of the law within the Department's remit.
Question 27. Do you support project labor agreements (PLAs)? What
will you do to ensure PLAs continue to be used on Federal construction
projects over $35 million?
Answer 27. If I have the honor of being confirmed, I will work to
implement President Trump's America First labor agenda. It is important
to me that bidding on Federal contracts is competitive, results in
awards that represent a good value to the public, and that employees of
Federal contractors have good working conditions.
Question 28. President Trump recently illegally fired NLRB Board
Member Gwynne Wilcox in violation of the National Labor Relations Act.
(a). Do you believe that this firing was illegal?
(b). What will you do to work with President Trump to reverse
this action?
Answer 28(a)--(b). The National Labor Relations Board serves an
important function in the labor policy process independent from the
Department of Labor. I respect the authority the President has to
oversee the executive branch, including with respect to personnel
decisions. The legality of Ms. Wilcox's termination is currently being
considered by the court. My focus, if confirmed, will be ensuring the
Department of Labor carries out its responsibilities to protect
American workers and strengthen our economy.
Question 29. In your confirmation hearing, you stated that the NLRB
is an independent agency separate from the DOL. On February 18, the
Trump administration issued an executive order stating that ``all
executive branch officials and employees are subject to [the
President's] supervision.'' Do you believe the NLRB should exist as an
independent agency?
Answer 29. The National Labor Relations Board serves an important
function in the labor policy process independent from the Department of
Labor. I respect the authority of the President to oversee the
executive branch, including with respect to personnel decisions. My
focus, if confirmed, is ensuring the Department of Labor carries out
its responsibilities to protect American workers and strengthen our
economy.
Question 30. The Good Jobs Initiative facilitated partnerships
between DOL and other Federal agencies to ensure Federal infrastructure
investments created good jobs. Do you support the Good Jobs Initiative?
Answer 30. If confirmed, I look forward to working with the experts
at the Department of Labor and learning more about all programs at the
Department before making any determinations regarding which programs to
continue or which to create in line with the America First policy
agenda.
Question 31. Will you ensure DOL is working with other Federal
agencies to ensure they prioritize the creation of safe, high-quality
jobs in grant making and procurement processes?
Answer 31. We know what a good paying job can mean for a family. My
father's union job was critical to our family's stability. If
confirmed, my focus will be to expand rapid reskilling programs,
apprenticeships, and partnering with industries to anticipate labor
market needs. I would be happy to work with my colleagues at other
agencies to provide guidance and technical assistance on the creation
of safe, high-quality jobs, where appropriate, so all Americans can
achieve the American dream.
Question 32. DOL has served as an advisor to the Commerce
Department, Department of Energy, Department of Transportation, EPA and
other Federal agencies to ensure projects funded through the CHIPS and
Science Act, Inflation Reduction Act, and Bipartisan Infrastructure Law
uphold strong labor standards and create good-paying jobs. However,
some projects funding has been halted.
(a). How will you approach already funded projects to ensure
they continue?
(b). Will you work with the Trump administration to advocate
for these projects to be funded?
Answer 32(a)--(b). I am not familiar with the Department of Labor's
role in these programs. If confirmed, I look forward to reviewing all
projects at the Department in conjunction with the Department's
experts, and I will advise the President regarding the programs that
will help bring America First policies to every American.
Question 33. Do you believe Tribal, Indian, and Native career
training and workforce placement is DEI?
Markey Answer 33: Discrimination against any person is wrong.
American workers should be measured by the work they do--not by what
they look like. If confirmed, I look forward to learning more about the
many workforce development programs at the Department of Labor and how
we can best expand opportunity for all American workers.
Question 34. Do you believe that the Department of Labor shares in
the Federal trust responsibility?
Answer 34. I am generally aware that the Federal trust
responsibility requires the Federal Government to respect tribal
rights. I am not aware of the Department of Labor's responsibility in
this space. If confirmed, I will work with agency experts to learn more
about the Department's obligations under this responsibility.
senator blunt rochester
Question 1. In the House, you cosponsored the PRO Act. Your support
for various components of this legislation came up during the hearing.
What portions of this bill do you continue to support, and what
portions of this bill would you not support moving forward?
Answer 1. As a Representative from Oregon, I listened to my
constituents who asked me to cosponsor the PRO Act and explained to me
that they faced obstacles in organizing. I support a worker's right to
organize and bargain collectively. But I believe our labor laws need to
be updated and modernized, and, the PRO Act was the legislative vehicle
to have those conversations as a Member of Congress. The PRO Act is
imperfect, and I'm no longer a lawmaker. I believe in an even playing
field--for businesses and unions--but above all that the American
worker's interest should always come first. It's time for us to stop
working against each other and start working together for the American
worker.
President Trump is a pro-worker president--as evidenced by his
strong support from union members. The president nominated me for
Secretary of Labor because I have personal experience as both a
business owner and someone who has garnered union support. President
Trump is confident that I can bring both sides to the table--and I
intend to do just that, like I have throughout my career.
I know both sides of the aisle may disagree with me at times, but
we have to keep having conversations--we must move forward. I commit to
you that there will never be surprises. I will always have an open door
and will never put my thumb on the scale.
Question 2. Research has shown that work experiences for people
with disabilities while still in high school lead to successful
transitions to employment. However, cuts to Vocational Rehabilitation
funding, lack of partnerships between schools and employers, and a
dearth of information and communication with students and families have
led to students with disabilities experiencing difficulties in
transitioning to employment. Youth with disabilities encounter many
barriers to career readiness and work-based learning activities that
ultimately impact their long-term employment. If confirmed as Secretary
of Labor, what action would you take to increase pre-employment and
employment opportunities for youth with disabilities?
Answer 2. All individuals with disabilities deserve the opportunity
to contribute their talents to the economy and enjoy the benefits of
meaningful work. I understand the Department's Office of Disability
Employment Policy (ODEP) works on policies related to youth
transitioning from school to adulthood and the world of work and has
various initiatives to help prepare youth with disabilities for the
workforce. If confirmed, I look forward to learning more about the
programs and working to improve programs and outcomes for youth with
disabilities, and if confirmed I commit to working with Congress as it
considers further solutions to pre-employment barriers youth living
with disabilities face.
Question 3. If confirmed, how will you lead the Department to
protect workers from potential abuses of technologies like AI,
including hiring bias, wage suppression, and workplace surveillance?
Answer 3. No worker should be discriminated against in the
workplace, and discrimination in the workplace is unlawful--whether it
occurs through a human or artificial intelligence. If confirmed, I
commit to ensuring the Department of Labor provides all the tools
necessary under the Department's jurisdiction to ensure workers are
protected against potential bias by artificial intelligence, based upon
longstanding civil rights laws. It is important that the Department
proactively work with AI technology vendors to provide them with a
clear understanding of any civil rights laws under the Department's
jurisdiction that apply to the products they are developing. The Equal
Employment Opportunity Commission, a Federal agency independent of the
Department of Labor, has the responsibility to enforce civil rights
laws as they relate to discrimination in hiring and the workplace.
Question 4. The World Bank's Future of Jobs Report 2025 predicts
significant job market changes, with 170 million new jobs created and
92 million displaced by 2030. Research from several sources, including
the Joint Center for Political and Economic Studies, the McKinsey
Institute, and others, shows that this job displacement will have the
most impact on Black workers and other workers of color. How will you
address the disproportionate impact, particularly in displaced roles?
Answer 4. All American workers deserve real, tangible support
during economic shifts. We know what a good paying job can mean for a
family. My father's union job was critical to our family's stability,
so I understand how layoffs can impact communities. My focus will be to
expand rapid reskilling programs, apprenticeships, and partnering with
industries to anticipate labor market changes, so that we can prevent
future displacements for all Americans.
Question 5. Do you think it is important that more workers have
access to paid leave? Would you be supportive of national paid leave?
Answer 5. I believe it is important for workers to have access to
paid leave, and I commend employers who provide it. If confirmed, it
will be my pleasure to provide technical assistance to Congress as it
considers various paid leave proposals.
Question 6. As the head of the department in charge of implementing
WIOA, how will you promote workforce development? Do you think WIOA is
working well? Would you advocate for changes?
Answer 6. If confirmed, I will work with stakeholders and experts
at the Employment and Training Administration to see where Workforce
Innovation and Opportunity Act (WIOA) programs work and where the
metrics show they may be falling short. I also look forward to working
with Congress as it moves forward with its reauthorization of WIOA and
would be happy to provide any needed data or technical assistance to
make the reauthorization a success.
Question 7. Do you support expanding registered apprenticeships?
Answer 7. I believe we have a unique opportunity to deliver on
President Trump's America First Agenda by encouraging the expansion of
high-quality Registered Apprenticeships, so that more Americans can
choose this proven pathway into a career. If confirmed, I look forward
to learning more about the ways the Department of Labor can encourage
the expansion of apprenticeships, particularly in emerging industries
and other occupations facing significant talent shortages. Engaging
more employers will be essential to expanding apprenticeships, as
apprenticeships are not simply a training program but are paid jobs
with wage progression connected to the apprentice gaining skills. I
also recognize the importance of the Department of Labor encouraging
more state leadership and initiative in apprenticeship expansion and
promoting better coordination with the WIOA system to leverage existing
resources to support American workers and businesses. As you know,
Congress has annually provided funding to the Department of Labor for
the apprenticeship expansion, and I will be focused on ensuring those
taxpayer resources are directed as effectively as possible to grow
apprenticeships and benefit the American worker.
Question 8. The Black unemployment rate was 1.7 times the white
unemployment rate in December 2024. How do you plan to address racial
economic disparities within the labor market?
Answer 8. If confirmed, I will work to ensure that all unemployed
Americans have access to the services and support needed to reconnect
to the labor market. Unemployed workers often need to access pathways
to gain skills, credentials, and get help to reenter the labor market.
The workforce services provided by the American Jobs Center network
under WIOA are an excellent place to start for any population with
higher unemployment rates. Unemployment, particularly extended
unemployment, can have lasting negative impact on future opportunities,
so it is critical to help newly jobless workers connect quickly to
available services for smoother transitions between jobs.
Question 9. The Office of Federal Contract and Compliance Programs
(OFCCP) is an important civil rights enforcer. Under your leadership,
will OFCCP continue to implement and enforce protections for Federal
contractors?
Answer 9. No worker should be discriminated against in the
workplace on the basis of race, sex, or other characteristics protected
under Federal law. President Trump's Executive Order 14173, Ending
Illegal Discrimination and Restoring Merit-Based Opportunity, furthers
that interest, including by prohibiting Federal contractors from
engaging in illegal discrimination and making it the policy of the
United States to ``protect the civil rights of all Americans and to
promote individual initiative, excellence, and hard work.'' If
confirmed, I anticipate reviewing the current organization of the
Department of Labor and its sub-agencies to ensure the Department
executes its mission efficiently and effectively in line with Federal
law and the President's priorities and policies.
Question 10. Will you commit to keeping the best interests of
workers at the center of Department modernization?
Answer 10. If confirmed, the best interests of employees at the
Department of Labor will always be top-of-mind. To the extent
modernization occurs, I will follow the law and the advice of the
Department's Solicitor's Office and human resources experts, along with
any directives from the White House, when making employment-related
decisions.
Question 11. Do you plan to work with DOGE? If so, in what ways?
Answer 11. If confirmed, I look forward to being briefed on the
status of the DOGE efforts at the Department of Labor .
Question 12. What salary threshold would you consider appropriate
for overtime exemption, and how would you phase in any changes?
Answer 12. I understand this rule is still in litigation. If
confirmed, I commit to carefully reviewing all regulations under the
Department's jurisdiction and work with my colleagues in the
Solicitor's Office and at the Department of Justice as appropriate on
regulatory litigation. Overtime rulemaking authority is an important
part of the Department of Labor's scope, and I believe that threshold
should be periodically reviewed to reflect the changing economy and
current economic conditions without shocking the economy.
senator alsobrooks
Question 1. The President gutted the Merit Systems Protection Board
(MSPB) by firing one of its three members last week. The MSPB provides
Federal employees their due process and protects against partisan
political personnel practices. If a Federal employee is wrongfully
terminated, they can appeal to the MSPB for relief. The President fired
the one Democrat on the Board, in the middle of her 7-year term. Board
Members can only legally be removed for ``inefficiency, neglect of duty
or malfeasance in office.'' This follows the President's move to gut
the National Labor Relations Board.
(a). Civil servants need to exhaust their options through the
MSPB before they have standing to sue for wrongful termination.
How will the thousands of recently terminated government
employees seek recourse with a crippled Merit Systems
Protection Board?
(b). Can you provide evidence of the Board Member's
``inefficiency, neglect of duty or malfeasance?
Answer 1(a)--(b). The Merit Systems Protection Board is a Federal
agency independent from the Department of Labor. I respect the
authority the President has to oversee the executive branch, including
with respect to personnel decisions. My focus, if confirmed, will be
ensuring the Department of Labor carries out its responsibilities to
protect American workers and strengthen our economy.
Question 2. President Trump has undermined workers' rights and
collective bargaining since taking office in 2025. One of his first
executive orders nullified collective bargaining agreements finalized
in the last month of the Biden administration, throwing Federal labor
contracts into chaos. His administration has also pushed mass
terminations of Federal employees, targeting those with less than 2
years of service. On top of that, President Trump is challenging a
nearly century-old Supreme Court precedent that protects independent
Federal agencies, threatening worker protections nationwide.
(a). Do you believe that Federal employees, including those at
the Department of Labor (DOL), have the right to organize and
collectively bargain without fear of retaliation?
(b). Will you commit to ensuring that no Federal worker loses
their union membership or dues deductions due to administrative
actions under your leadership?
(c). Will you commit to honoring all legally binding collective
bargaining agreements (CBAs) signed by Federal agencies and
labor unions?
(d). Will you commit to following the collective bargaining
agreement with employees at DOL?
(e). Several Republican-led states have passed laws restricting
public-sector unions' ability to bargain collectively. Do you
support the Federal Government's role in protecting public
employees' right to organize?
(f). Many workers rely on pension plans negotiated through
collective bargaining. Will you commit to protecting pension
benefits and opposing any attempts to cut Federal support for
multiemployer pension plans?
(g). How will you work to collaborate in good faith with the
unions at DOL?
(h). DOL workers are essential to carrying out the mission of
the agency. Will you honor collective bargaining agreements
currently in place with DOL Unions?
(i). Will you ensure merit-based hiring and promotions?
(j). Do you agree to continue a robust Labor Management Forum?
Answer 2(a)--(j). My focus, if confirmed, will be ensuring the
Department of Labor carries out its responsibilities to protect
American workers and strengthen our economy. I believe in an even
playing field--for business and unions--but above all that the American
worker's interest should always come first. If confirmed, I will follow
the law and work with the experts at the Department to understand the
collective bargaining process at the Department and the terms and
conditions of the collective bargaining agreements in place. If
confirmed, I will follow the advice of the Department's Solicitor's
Office and human resources experts, along with any directives from the
White House, when making employment-related decisions. As I stated at
my confirmation hearing, I support the Butch Lewis Act and protecting
the retirement of all workers in America.
President Trump is a pro-worker president--as evidenced by his
strong support from union members. The President nominated me for
Secretary of Labor because I have personal experience as both a
business owner and as someone who has garnered union support. President
Trump is confident that I can bring both sides to the table, and I
intend to do just that, as I have throughout my career.
Question 3. Thousands of Federal employees have been fired across
the government over the past few weeks--supposedly because of their
probationary status. Yet many were wrongfully cited for poor
performance as part of their termination notices, despite documented
records of strong performance--raising questions about what benefits
they will be eligible to receive.
(a). Recent Federal labor actions have resulted in mass layoffs
of workers, often with little notice. Will you commit to
ensuring that all layoffs follow proper legal procedures and
that affected employees receive due process?
(b). Do you believe that civil servants pushed out of DOL by
DOGE should be eligible for unemployment insurance?
Answer 3(a)--(b). If confirmed, I will follow the law and the
advice of the Department's Solicitor's Office and human resources
experts, along with any directives from the White House, when making
employment-related decisions. Eligibility for unemployment insurance is
determined by state law. The Unemployment Compensation for Federal
Employees (UCFE) program provides coverage for eligible Federal
employees who lose employment for no fault of their own.
Question 4. Maryland has one of the highest concentrations of
Federal workers in the country, many of whom are members of labor
unions. The Baltimore-Washington region is a hub for Federal
infrastructure projects.
(a). Will you commit to maintaining or increasing OSHA
enforcement funding to protect workers from unsafe working
conditions?
(b). Studies show that low-wage workers, particularly immigrant
and service industry workers, are disproportionately affected
by wage theft. Will you strengthen Federal enforcement against
wage theft and increase penalties for employers who steal
workers' wages?
(c). How will you ensure that Federal infrastructure funding
prioritizes union labor and creates good-paying jobs in
Maryland?
(d). Maryland has invested in apprenticeship programs to help
workers enter high-demand industries. Will you support
increasing Federal funding for apprenticeship programs to
expand opportunities in Maryland and nationwide?
(e). Do you support expanding Social Security benefits to
ensure that retirees--including low-wage workers--receive
enough income to retire with dignity?
Answer 4(a)--(e). The Department of Labor enforces more than 180
Federal workplace laws. I strongly believe in the missions of the
Department's sub-agencies--including the Occupational Safety and Health
Administration, the Wage and Hour Division, and the Registered
Apprenticeship Program administered by the Employment and Training
Administration.
If confirmed, I look forward to partnering with the experienced
professionals at the Department's agencies to assess resources. The
Department will leverage its resources to effectively fulfill its
mission. While the President proposes the budget, it is ultimately up
to Congress to determine funding. I am committed to supporting the
President in developing budget proposals that prioritize the protection
of American workers, and I will ensure that any resources allocated are
used efficiently and responsibly.
With respect to Federal infrastructure funding priorities and the
Social Security program, I do not believe these programs fall within
the Department's jurisdiction, but to the extent that they do, I would
be happy to work with you to understand your priorities and concerns.
Question 5. Women and people of color still face significant wage
gaps.
(a). Do you support robust enforcement of workplace anti-
discrimination laws?
(b). Will you push for stronger pay equity measures, including
transparency requirements for large employers?
Answer 5(a)--(b). No worker should be discriminated against in the
workplace on the basis of race, sex, or other characteristics protected
under Federal law. If confirmed, I am committed to ensuring the
Department is a discrimination-free work environment. The Equal
Employment Opportunity Commission, a Federal agency independent of the
Department of Labor, has the responsibility to enforce civil rights
laws as they relate to discrimination in hiring and the workplace. If
confirmed I will be glad to provide technical assistance on any pay
equity measures proposed by Senators that fall within the Department's
remit.
Question 6. Staff across the government who have worked on programs
or published work related to communities of color have appeared on
online ``target lists'' being compiled by conservative advocates.
(a). Do you know of any ``target lists'' of DOL employees
compiled by the Administration or conservative activists?
(b). Is it appropriate for Federal workers to be targeted? In
your capacity as Secretary, how will you protect all DOL
workers and their families from attacks such as these?
Answer 6(a)--(b). I do not know of any ``target lists'' of
employees and do not believe it's appropriate for Federal workers--
career or political--to be targeted. If confirmed, I will work with the
appropriate Department experts to understand any safety and security
needs of Department employees.
Question 7. Last month, the Department of Labor announced that its
Wage and Hour Division is holding $6.8 million for more than 5,200
workers in Maryland in back wages--which were secured after DOL wage
theft investigations.
(a). How are my constituents going to get the wages they are
owed with this Administration slashing the civil servants
responsible for investigating wage theft?
(b). Any cuts to the Wage and Hour Division would prevent
investigators--who are already under funded and short-staffed--
from doing their jobs. Will the Administration commit to
exempting these investigators so they can continue to claw back
pay denied to employees by their employers?
Answer 7(a)--(b). It is my understanding that the Wage and Hour
Division maintains a data base of back wages collected but not yet
distributed as a result of investigations under the agency's statutes,
mainly under the Fair Labor Standards Act. The staffing levels at the
Department do not affect the availability of that data base or the
process by which workers can access the data base and obtain their
funds.
I am deeply committed to the Department of Labor's mission to
foster, promote, and develop the welfare of the wage earners, job
seekers, and retirees of the United States; improve working conditions;
advance opportunities for profitable employment; and assure work-
related benefits and rights. If confirmed, I look forward to partnering
with agency experts to assess resources. The Department will leverage
its resources and staffing levels to effectively fulfill its mission.
While the President proposes the budget, it is ultimately up to
Congress to determine funding. I am committed to supporting the
President in developing budget proposals that prioritize the protection
of American workers, and I will ensure that any resources allocated are
used efficiently and responsibly.
Question 8. The Biden administration strengthened overtime
protections for workers, ensuring that employees are fairly compensated
for extra hours worked. Maryland has already passed legislation to
increase its minimum wage. Many employers still misclassify workers as
independent contractors to avoid providing benefits and fair wages.
(a). Will you uphold these protections?
(b). Do you support increasing the Federal minimum wage to $15
per hour to help workers keep pace with the rising cost of
living?
(c). Will you commit to ensuring that the Department of Labor
works with states to expand wage protections rather than
undermine them?
(d). What steps will you take to crack down on worker
misclassification, particularly in industries like construction
and gig work?
Answer 8(a)--(d). I cannot comment on the Fair Labor Standards Act
overtime or independent contractor regulations specifically, as they
are in litigation. If confirmed, I will consult with the Solicitor of
Labor as well as the Department of Justice with respect to those
matters. Apart from the litigation, if confirmed, I will consult with
my advisors at the Department, including the Solicitor of Labor as well
as the Administrator of the Wage and Hour Division, to determine the
Department's course of action with respect to these regulations. The
Federal minimum wage was last increased in 2009--over 15 years age.
Certainly, the cost of living has increased since then, but it is not
for the Secretary of Labor to decide whether to increase the Federal
minimum wage or to what level. I understand state and local governments
have implemented their own minimum wage statutes--based on the specific
economic factors unique in those states and localities. For example, in
Portland, Oregon, the minimum wage is nearly $16/hour. But what works
for Portland may not work for Grant's Pass or other more rural areas in
Oregon, so they have a different minimum wage. And of course this is
even more diverse across the Nation.
This is a very important and passionate issue for many people. I do
commit--if confirmed--to working with you to provide the best data
possible to help you and your colleagues make an informed decision when
considering a legislative change.
Question 9. Federal unions fought this week to prevent Elon Musk
from accessing sensitive investigations data at the Department of
Labor--some of which may be about his own companies.
(a). Do you think it is a conflict of interest for an
individual who may be the subject of Department of Labor
investigations to access this sensitive data?
(b). Can you guarantee that worker and investigations data was
not accessed by individuals without appropriate security
clearances?
Answer 9(a)--(b). President Trump has stated that he will not allow
conflicts of interest from Elon Musk, and Mr. Musk has committed to
recusing himself from potential conflicts. If confirmed, I look forward
to being briefed on the status of the DOGE efforts at the Department of
Labor.
______
[Whereupon, at 12:15 p.m., the hearing was adjourned.]
[all]