Three of President Joe Biden’s candidates defended their work for leftist causes, assuring a divided Senate that if confirmed they would be neutral arbitrators of the law and fair to employers.
The nominees – David Weil, who was elected to a second term as administrator of the U.S. Department of Labor’s Payroll Department, and union lawyers Gwynne Wilcox and David Prouty for seats on the National Labor Relations Board – used Thursday’s joint confirmation hearing to raise skepticism appeasing Republicans on the Chamber’s Working Committee, some of whom raised concerns that the elections would advance the agendas of unions and liberal activists.
“These nominees will stifle growth,” said Senator Richard Burr (RN.C.), the board’s top Republican, during the opening speech, accusing the trio of being anti-business.
Because – in many ways the primary objective of his work as a wage and hour manager during the Obama administration – tried to position himself as an acceptable choice for both Republicans and Democrats. He said he would “double” his commitment to enforcing the Obama era, emphasizing his experience in dealing with business prospects, and when asked, admitted that he did not have the authority to take the legal test to determine whether an employee is independent, rewrite contractor or full-time employee.
“Only Congress can do that,” said Weil.
Republicans don’t have the numbers to permanently block Biden candidates, but can block their way into the Senate through a deadlocked vote on the Working Committee, which is evenly split between Republicans and Democrats. This scenario – which requires an entire chamber vote to remove nominees from the committee, followed in most cases by two votes in plenary to confirm them – can delay nominations for weeks or months.
The working committee is due to vote on the nominees at its meeting on July 21.
Burr reserved much of his opening remarks for attacks on Weil’s files, portraying him as a distant academic who opposes the gig economy and would thwart franchises and the expansion of independent contracts.
“He believes his policy papers are worth more than hard-earned paychecks,” Burr said, adding that Weil was “recycled” by the Obama administration.
Senator Richard Burr (RN.C.), senior member of the Senate Working Committee, speaks during an April hearing.
Photographer: Al Drago / Bloomberg
Union backgrounds
Prouty and Wilcox similarly tried to temper Republican opposition by highlighting cases where they needed to stand up for employers, or at least consider their concerns.
If confirmed, the couple would give the Democrats a 3-2 majority on the five-member board. Wilcox was nominated to fill a vacant Democratic seat. Prouty would replace GOP member William Emanuel, whose term ends next month.
In his testimony, Prouty highlighted how he worked with employers during the Covid-19 pandemic to help their companies stay afloat while keeping a close eye on working conditions – mostly in relation to building attendants and janitors who do the Service Employees International Union 32BJ, the East Coast eatery where he is General Counsel. He said he would bring the same mindset of understanding business realities to the board.
“No party has a corner for good ideas,” said Prouty.
Wilcox, a partner at the unionized company Levy Ratner, said she had represented management in negotiations with internal unions for organized workers, including one with more than 800 workers who are negotiating with the union leadership.
But she is better known as a low-wage crusader for having helped unionized Fight for $ 15 in a lawsuit against McDonald’s Corp. for alleged labor law violations and as a lawyer for SEIU Local 1199 in New York.
Wilcox assured lawmakers that if she is confirmed on the board, her position as an employee advocate will “change” as she will have to be a “neutral arbitrator of the law.”
Prouty and Wilcox were both asked about their links with the SEIU but did not say they would withdraw from SEIU-related cases before the NLRB. Both said they would consult the agencies’ ethics officers on such matters.
David Prouty speaks at the Bloomberg Sports Business Summit in New York in September 2012.
Photographer: Michael Nagle / Bloomberg
Active wages agenda
Weil testified on the cusp of the Labor Department’s release of a final ruling to repeal the Trump-era common employer standard that had made it easier for companies like fast food corporations to avoid joint liability for wage violations with affiliated employers, including franchises -Businesses.
When Weil last headed the payroll department, he targeted enforcement measures against companies that were supposed to be joint employers with their business partners for exerting economic pressure that set wage terms further down the chain.
In the days leading up to the hearing, a number of business people and conservative groups turned down Weil’s nomination. A lobbying coalition for gig economy giants – the App-Based Work Alliance – adopted a more moderate strategy, issuing a statement Thursday calling on Senators and Weil to take into account many workers’ preference to remain independent contractors .
Weil’s part of the hearing didn’t turn into a referendum on the gig economy, a sector he has criticized in the past for relying on independently contracted riders and delivery drivers who are denied the minimum wage and overtime rights of full-fledged employees become.
Instead, Weil, now dean of Brandeis University, spoke more generally of his intention to revive – with the aim of achieving widespread compliance – many of the enforcement principles that marked his previous tenure at the head of the agency. He stressed that reaching out to companies was part of the equation.
He also previewed a focus related to the economic recovery from the pandemic that could potentially be applied to the gig sector.
“The pandemic has shown that far too many workers fall by the laws that should cover them,” Weil said. “I would look very carefully” why workers are not insured and “use the tools of the payroll and hours department to ensure that these people are protected by our laws”.
—With assistance from Ben Penn
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