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DOL Nominee Lori Chavez-DeRemer’s Responses to the Senate HELP Committee

On February 19, the Senate Health, Education, Labor, and Pensions Committee held a confirmation hearing on the nomination of Lori Chavez-DeRemer (LCD) to serve as Secretary of Labor. Last week, she sent responses to questions for the record (QFRs) from Senators on the Committee with additional inquiries. An overview of those responses is below.

  • Worker Walkaround - When asked for her view of the worker walkaround rule and whether she would commit to withdrawing it if confirmed, LCD responded that, if confirmed, she will collaborate with experts at DOL, stakeholders, and the public to review worker safety regulations. She stated that her goal will be to uphold high standards of occupational safety, prioritizing workers' well-being while ensuring clarity, practicality, and achievability for employers. She also mentioned that DOL’s approach would align with the President's America First Agenda. Additionally, when questioned about committing to not appealing the court’s ruling if the rule is struck down in litigation, she pledged to work closely with those in DOL and at the Department of Justice to determine the best course of action.
  • Heat Injury and Illness Prevention Rule - When asked about amending, abandoning, or reassessing OSHA’s Heat Illness and Injury Prevention proposed rule, LCD emphasized the importance of worker safety in high-heat environments. She noted the rule is pending due to President Trump's regulatory freeze. If confirmed, she plans to collaborate with DOL experts, stakeholders, and the public to review safety regulations. Her goal is to ensure high standards of occupational safety that are clear, practical, and achievable for employers, in alignment with the President's America First Agenda.
  • Unionization
    • Public Sector Collective Bargaining -LCD explained that she cosponsored the Public Service Freedom to Negotiate Act of 2024 at her Oregon constituents' request, believing all Americans should have the right to join or not join a union. As a former Mayor in a state with employee rights since 1963, she supports extending these rights nationwide. However, she noted that unionizing the federal workforce is not within the Department of Labor's remit and that her role as Secretary of Labor differs from that of a legislator.
    • Strikes - When asked about the impact of strikes or lockouts, LCD stated she couldn't address hypotheticals but would commit to being a fair arbiter if confirmed.
    • Right to Work (RTW) - Senator Tim Scott (R-SC) asked LCD if she supports the National Right to Work Act and states with right-to-work laws. LCD emphasized that labor law allows workers to choose union membership and stated that federal law supports states' rights to enact or not enact RTW laws. She expressed support for voters electing state officials who represent their interests and respected South Carolina's choice to be a RTW state.
    • Secret Ballot Elections/Worker Privacy - LCD supports secret ballot elections for workers, opposing "card check," as she finds secret ballots more reliable for employee choice. She believes they protect employees from undue influence during unionization and presidential elections. On employers sharing private employee information with unions, she noted it falls under NLRB jurisdiction.
  • College Athletes as Employees - When asked if college athletes should be classified as employees, LCD replied that the issue is complex and under review. She committed to collaborating with DOL experts and Congress to enforce relevant laws.
  • Joint Employer (JE)/Franchising - LCD addressed three questions about the joint employer definition, the future of the JE standard, and protecting franchising. She supports policies aiding small businesses and franchises, emphasizing clear guidance from DOL on employer obligations and liabilities. She pledged to advance President Trump's America First Agenda.
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