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Appointments matter—Scalia takes charge of DOL

March 2020 federal employment law insider
Authors: 

by Burton J. Fishman, Fortney & Scott, LLC

One of the mysteries of the Trump administration is its apparent disinterest in the work of the U.S. Department of Labor (DOL) and its many sub-agencies, divisions, and multiple roles. DOL programs, policies, oversight, and enforcement may very well touch and affect more Americans’ lives than those of any other federal agency. Yet, with the exception of the Occupational Safety and Health Administration (OSHA), the White House has all but ignored the DOL.

Scalia builds a team

Numerous vacancies still exist at the federal agency level, and “acting” occupants fill many key political positions. Under former Secretary of Labor Alexander Acosta, the DOL continued to pursue several controversial practices, including lawsuits and enforcement actions initiated during the Obama administration’s last days. The agency also issued new policies in every respect contrary to the Trump administration’s articulated positions—all without explanation or contradiction. Things appear to be changing with the appointment of Eugene Scalia as secretary.

Scalia first set about building a team. After the appointment of Cheryl Stanton as administrator of the DOL’s Wage and Hour Division (WHD), Scalia has strengthened his office with a number of new appointments, separate and apart from the existing bureaucracy.

The rationale for amassing a boatload of high-powered talent in Scalia’s office is only gradually being understood: He wishes to make sure the acts undertaken in his name represent his thinking and that of the administration.

ARB to be reviewed

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