Labor Law Leadership Update: Gwynne Wilcox Reinstated, Lori Chavez-DeRemer Confirmed

Staffing changes to two top labor positions in the new administration signal potential shifts in labor policy and governance. A federal court ordered the reinstatement of Gwynne A. Wilcox as chair of the National Labor Relations Board (NLRB) in the wake of the president’s controversial removal. Meanwhile, the Senate confirmed Lori Chavez-DeRemer as the new secretary of labor.

NLRB

A federal court has ordered the reinstatement of Gwynne A. Wilcox as chair of the NLRB, after President Trump terminated her on Jan. 27. The termination left the NLRB in a state of limbo, unable to act without a quorum consisting of three of five members. Wilcox’s removal kicked off a legal debate over the president’s ability to remove officers of certain types of independent agencies without cause. The decision will likely face appeal because it raises constitutional and separation of powers questions, the answers to which could significantly impact the administration’s actions. If not stayed by a federal appeals court, the decision will reinstate Wilcox to the NLRB, at least for now.

Department of Labor

On March 10, the Senate voted to confirm Lori Chavez-DeRemer as the secretary of labor, nearly completing the confirmation of President Trump’s nominees for Cabinet positions. Chavez-DeRemer, a former member of the U.S. House from Oregon, received bipartisan backing and the backing of several labor unions. As U.S. labor secretary, Chavez-DeRemer will be in charge of enforcing federally mandated worker rights and protections. 

News outlets have reported Chavez-DeRemer was an unconventional pick for President Trump. While in the House, she was one of only three Republicans who co-sponsored the Protecting the Right to Organize Act, also known as the PRO Act. This act made it easier for workers to unionize and penalized employers who stood in the way of organizing efforts.

Although President Trump’s pick for labor secretary is union-friendly, she may maintain many of the employer-friendly initiatives typically expected from a Republican appointment. Hot topics within the Department of Labor include the increased salary threshold for overtime exemptions (which a federal judge blocked from taking effect on Jan. 1), the independent contractor rule, joint employer status, immigration and workplace safety, among others.

Contact Clerc Cooper or any member of the Phelps labor and employment team with questions or for advice and guidance.