Fate of overtime, independent contractor rules creates early test for DOL Secretary

The nomination of Lori Chavez-DeRemer as Secretary of Labor has raised unexpected questions about the policies of the Department of Labor (DOL) during the incoming Trump administration, especially with respect to the fate of the Biden overtime and independent contractor regulations.

Surprise nominee

Chavez-DeRemer was a surprise nominee, largely because of her vocal support of unions and workers’ rights. She not only supported the controversial union-favored PRO Act, but she also was one of only three Republicans to co-sponsor the bill. She has also voted to make it easier for public safety workers to collectively bargain.

As the daughter of a Teamster, the Teamsters (and other unions) have publicly supported Chavez-DeRemer’s nomination, and questions circulate about whether the Teamsters will have “their” nominee calling the shots at the DOL. Although she will win easy approval in the Senate, a number of Republican Senators—especially those from the 26 right-to-work states—are expected to seek clarification.

Overtime test

An early test of Chavez-DeRemer’s pro-union bona fides will come with the department’s response to judicial challenges to its overtime and independent contractor regulations.