Outten & Golden: Empowering Employees in the Workplace

Workplace Fairness Applauds the Withdrawal of Andrew Puzder’s Nomination for Labor Secretary

February 15th, 2017 | Paula Brantner

Along with hundreds of workers rights organizations and millions of workers (whether they realized it or not!) Workplace Fairness is applauding the withdrawal this afternoon of Andrew Puzder’s nomination as Secretary of Labor. Puzder announced the following this afternoon (February 15):

“After careful consideration and discussions with my family, I am withdrawing my nomination for Secretary of Labor. I am honored to have been considered by President Donald Trump to lead the Department of Labor and put America’s workers and businesses back on a path to sustainable prosperity. I want thank President Trump for his nomination. I also thank my family and my many supporters—employees, businesses, friends and people who have voiced their praise and hopeful optimism for the policies and new thinking I would have brought to America as Secretary of Labor. While I won’t be serving in the administration, I fully support the President and his highly qualified team.”

Puzder could not have been a worse fit for the position he aspired to hold, as throughout his career, he has made his hostility to pro-worker policies abundantly clear. We can all (at least temporarily, until we see the next nominee) breathe a sigh of relief that Puzder will not be making policy decisions at the Department of Labor which will roll back workplace protections and risk workers’ lives. This stunning defeat would not have been possible but for all the working people around the country who banded together and said NO! to someone who was clearly unfit for the job.

Puzder’s withdrawal comes on the eve of his planned February 15 confirmation hearing before the Senate’s Health, Education, Labor & Pensions (HELP) Committee – the first step toward confirmation that any Labor Secretary nominee will have to face. Once Puzder was nominated, groups familiar with his anti-worker views began assembling a record of his appalling views towards and treatment of his own employees at CKE Restaurants, Inc., the parent company of Hardee’s and Carl’s Jr. fast food restaurants. It wasn’t that hard to do.

Even in an industry known for its low pay, overtime violations, sexual harassment, and health and safety concerns, CKE stood out from the rest, with about 60 percent of the U.S. Department of Labor’s investigations into CKE restaurants turned up at least one violation of the Fair Labor Standards Act. Female CKE employees reported sexual harassment at a rate 150% higher than other fast food establishments.

Puzder’s response was to blame his franchisees, yet the amount of control CKE exercised over its franchisees in virtually every respect but employment policies was clearly an effort to avoid legal liability. CKE’s official response:  “We’d like to offer a reminder that CKE Restaurants is nearly 95 percent franchised. Each of these 2,769 franchise stores are run independently and solely responsible for their employees, management and adherence to regulations and labor practices.” It’s very convenient for CKE to disavow all liability when it comes to adhering to employment laws, when it exerts control over virtually every other aspect of its operations.

Puzder has also been very vocal about his contempt for his own workforce and active in an industry group that lobbied hard against legal protection for workers. In 2011, he was quoted, when speaking about the Hardee’s workforce, as saying “you’re hiring the best of the worst. You know, it’s kind of the bottom of the pool. And at Hardee’s it was so bad, we were hiring the worst of the worst and hoping they would stay.” He also once mused about replacing his workers with robots, in a March 2016 interview with Business Insider. Of automated replacements to real live workers, he said “They’re always polite, they always upsell, they never take a vacation, they never show up late, there’s never a slip-and-fall, or an age, sex, or race discrimination case.”

A place I frequent – which employs only real live humans – has a sign with this statement. This seems appropriate for the CKE workforce as well, except that some of these things are very predictable when you violate the law and mistreat workers.

If all that Puzder had working against him was his anti-worker hostility, in all honesty, he probably would have been easily confirmed. After all, Betsy DeVos was just approved as Secretary of Education despite her documented history of hostility to public education and lack of any experience working in the education field. At least Puzder had some experience with labor and employment laws, if only to violate them and constantly decry their enforcement. But between ethics concerns over how he would divest his CKE Restaurant holdings, his recent admission that he had hired an undocumented worker and not paid her payroll taxes while claiming he thought she had a legal working status, and allegations of domestic violence raised by his ex-wife during their divorce and custody proceedings, Puzder’s nomination was ultimately doomed.

Workplace Fairness was part of a coalition of over 100 groups nationwide in opposition to the Puzder nomination. The coalition, led by the National Employment Law Project and Jobs with Justice, ensured that Puzder’s record of extreme hostility to the rights of workers it would be his job to protect came to light and that workers who would be most impacted by Puzder’s views were equipped with the ability to speak out in response.  A rally planned in opposition to Puzder before his planned February 15 hearing is now a victory celebration.

We will have to wait and see who the next Labor Secretary nominee will be. Will it be someone with views as extreme as Puzder’s, but without such a paper trail? Or will an Administration that has claimed to support the rights of working people actually nominate someone who believes in those rights? Time will tell, but today we celebrate a hard-fought victory by workers’ advocates to prevent the #AntiLaborSecretary from taking office.

Paula Brantner recently stepped down as Executive Director of Workplace Fairness after serving in that position since 2008. She served as the Workplace Program Director from 2003 to 2007, writing legal content for the Webby-nominated site www.workplacefairness.org. Paula was the Program Director for Working America, the community affiliate of the AFL-CIO, and the Working America Education Fund, from 2007-2008. From 1997-2001, she was the senior staff attorney at the National Employment Lawyers Association (NELA), heading NELA’s amicus, legislative/policy, and judicial nominations programs. An employment lawyer for over 23 years, Brantner has degrees from UC-Hastings College of the Law and Michigan State University’s James Madison College. She continues to advise the organization on website strategy and content and oversee WF’s 0.1.2.3 Content Licensing for Legal Websites program through her business PB Work Solutions, LLC.

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