[Congressional Record Volume 168, Number 198 (Tuesday, December 20, 2022)]
[Senate]
[Pages S7817-S7818]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
UNANIMOUS CONSENT REQUEST--EXECUTIVE CALENDAR
Ms. SMITH. Mr. President, in a moment, I will ask unanimous consent
to confirm Executive Calendar No. 1204, the nomination of Jessica
Looman, of Minnesota, to be Administrator of the Wage and Hour
Division, Department of Labor. Ms. Looman's nomination was favorably
reported out of the Senate HELP Committee on November 29 with a strong
bipartisan vote of 13 to 9.
Jessica Looman has very capably served as the Principal Deputy
Administrator of the Wage and Hour Division since January of 2021. In
recognition of her excellent service, Ms. Looman was nominated to
permanently lead the Division at the Department of Labor, and I can't
think of a better candidate.
I have had the opportunity to know and to work with Jessica since
2011. Jessica is from St. Paul, MN. She is a longtime labor leader,
attorney, and lifelong champion of workers. In addition to being a
strong advocate for working people, she is also thoughtful and
innovative and fair. She has led executive agencies and has wide
experience working with diverse stakeholders. I am confident that she
will be a fair and pragmatic Administrator as she enforces some of our
Nation's most important labor laws, including laws governing minimum
wage, overtime, and child labor.
This role that she will serve in has a direct impact on working
people, like the waitress who should be protected from a boss who
steals her tips, like the building trades carpenter or laborer who has
the right to earn the prevailing wage that can support their families
when they work on a Federal project, and like the worker who has the
right to earn overtime and isn't being paid for the hours they work.
At a time when we have seen child labor abuses at meatpacking plants
in Minnesota and auto suppliers in Alabama, it is critical that we have
strong oversight and enforcement to protect children from abuse.
Ms. Looman's values are rooted in upholding the dignity of work and
supporting hard-working Americans. In all of the time I have known her,
she has approached issues with a keen desire to understand both sides
of an argument and to find fair solutions that both sides can accept.
This is why she is respected by both labor and employers, first in
Minnesota and now in her work at the U.S. Department of Labor. Ms.
Looman has built this reputation because she is reasonable and builds
consensus even when it is difficult and there are real differences to
bridge.
Ms. Looman will be a strong, fair Wage and Hour Administrator for
workers and for employers across the country. For this reason, I urge
my colleagues to support her nomination and to allow this request to
move forward.
So, Mr. President, I ask unanimous consent that, as in executive
session, the Senate consider the following nomination: Calendar No.
1204, Jessica Looman, of Minnesota, to be Administrator of the Wage and
Hour Division, Department of Labor; that the Senate
[[Page S7818]]
vote on the nomination without intervening action or debate; and that,
if confirmed, the motion to reconsider be considered made and laid upon
the table and the President be immediately notified of the Senate's
action.
The PRESIDING OFFICER. Is there objection?
The Senator from Indiana.
Mr. BRAUN. Mr. President, reserving the right to object, before
coming to the Senate, I was actually involved in a very, very small
business. For nearly 17 years, this business had 1 location and 15
employees. After all that work, over the next 20 years, it did grow
into then a regional company and a national one. All I can tell you is
that that is the hardest job out there. Farming is another example
where you are a sole proprietor and you have all the risk.
Whenever there are burdensome regulations that come into play, they
have to be measured. You have to make sure you don't have things that
are going to make that job even more difficult. Living that life as a
Main Street business owner, I know firsthand how some of that stuff,
even though well-intentioned, can end up being something that makes the
difference whether you survive or not.
As Wage and Hour Administrator, Ms. Looman would be in charge of
enforcing the Fair Labor Standards Act, which is a Federal statute
dictating minimum wage, overtime pay, recordkeeping, and child labor
requirements for private employers. As Acting Administrator, she
oversaw the end of the Trump administration's rules on joint employers,
independent contractors, and overtime. These rules brought greater
regulatory certainty and consistency to employers and entrepreneurs,
small ones.
The Biden administration is working on their own version of these
rules, which I fear will be job-killing, burdensome, and bring
uncertainty to employers, employees, and entrepreneurs.
The other thing that these businesses do--unlike larger ones, this is
their main source of income. Their living is made out of it. They are
lucky if they scrape out a return on investment. So if it gets to be
too burdensome, you are taking away, in essence, a paycheck.
Most recently, they announced a proposed rule for determining
independent contractor classification. This proposed rule would have
immediate and long-term disruptive effects on millions of workers and
thousands of businesses at a time when the economy is facing high
inflation rates and stress in the business community in general.
This position impacts too many Americans and small businesses not to
have a vote for them or to have undue, burdensome regulations;
therefore, I do object.
The PRESIDING OFFICER. Objection is heard.
The PRESIDING OFFICER. The Senator from Kentucky.
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