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Posts Tagged ‘Acosta’

Trump Administration Should Rescind Proposal That Allows Bosses to Pocket Working People's Tips

Thursday, February 15th, 2018

As we previously reported, President Donald Trump’s Labor Secretary Alexander Acosta announced a new proposed regulation to allow restaurant owners to pocket the tips of millions of tipped workers. This would result in an estimated $5.8 billion in lost wages for workers each year?wages that they rightfully earned.

And most of that would come from women’s pockets. Nearly 70% of tipped workers are women, and a majority of them work in the restaurant industry, which suffers from some of the highest rates of sexual harassment in the entire labor market. This rule would exacerbate sexual harassment because workers will now depend on the whims of owners to get their tips back.

In a letter to Congress, the AFL-CIO opposed the rule change in the strongest possible terms, calling for the proposal to be rescinded:

Just days before the comment period for this [Notice of Proposed Rulemaking] closed, an extremely disturbing report appeared indicating that analysis of the costs and benefits in fact occurred, but was discarded. On Feb. 1, 2018, Bloomberg/BNA reported that the Department of Labor “scrubbed an unfavorable internal analysis from a new tip pooling proposal, shielding the public from estimates that potentially billions of dollars in gratuities could be transferred from workers to their employer.” Assuming these reports are correct, the Department of Labor should immediately make the underlying data (and the analyses that the Department conducted) available to the public. We call on the Department of Labor to do so immediately and to withdraw the related Notice of Proposed Rulemaking.

The AFL-CIO strongly urges the Department to withdraw the proposed rule, and instead focus its energies on promoting policies that will improve economic security for people working in low-wage jobs and empower all working people with the resources they need to combat sexual harassment in their workplaces.

The Department of Labor must provide an estimate of its proposed rules’ economic impact. However, while suspiciously claiming that such an analysis was impossible, it turns out that this wasn’t true:

Senior department political officials—faced with a government analysis showing that workers could lose billions of dollars in tips as a result of the proposal—ordered staff to revise the data methodology to lessen the expected impact, several of the sources said. Although later calculations showed progressively reduced tip losses, Labor Secretary Alexander Acosta and his team are said to have still been uncomfortable with including the data in the proposal. The officials disagreed with assumptions in the analysis that employers would retain their employees’ gratuities, rather than redistribute the money to other hourly workers. They wound up receiving approval from the White House to publish a proposal Dec. 5 that removed the economic transfer data altogether, the sources said.

The move to drop the analysis means workers, businesses, advocacy groups and others who want to weigh in on the tip pool proposal will have to do so without seeing the government’s estimate first.

Democrats in Congress quickly responded that the rule change should be abandoned, as the new rule would authorize employers to engage in wage theft against their workers. Sen. Elizabeth Warren (D-Mass.) said:

You have been a proponent of more transparency and economic analysis in the rulemaking process. But if DOL hid a key economic analysis of this proposed rule—and if [Office of Management and Budget] officials were aware of and complicit in doing so—that would raise serious questions about the integrity of the rule itself, and about your role and the role of other OMB officials in the rulemaking.

Take action today and send a letter to Congress asking it to stop Trump’s tip theft rule.

This blog was originally published at AFL-CIO on February 15, 2018. Reprinted with permission. 

About the Author: Kenneth Quinnell is a long-time blogger, campaign staffer and political activist. Before joining the AFL-CIO in 2012, he worked as labor reporter for the blog Crooks and Liars.

Trump administration tip-stealing plan is getting hammered

Tuesday, February 6th, 2018

The Trump Labor Department’s proposal to let bosses steal workers’ tips—$5.8 billion of them—is under heavy fire. After news broke that the department hid the data showing how bad the plan would be for workers, House Democrats demanded that the Labor Department show its work:

Four House Democrats, in an oversight letter sent Feb. 2 to Labor Secretary Alexander Acosta, asked the DOL to fork over copies of all analyses completed as part of the tip pool rulemaking process. […]

In addition to demands for the DOL to divulge its analyses, the Democrats want a copy of all communication between the DOL and White House Office of Management and Budget pertaining to the quantitative economic analysis.

And the Labor Department’s Office of Inspector General said it was reviewing what happened and how. And 17 state attorneys general filed a letter opposing the rule change:

If implemented, the rescission would greatly harm millions of employees in the United States who depend on tips and would create the real potential for customers to be deceived as to whom will receive and benefit from their tips.

The tip-stealing proposal is also unpopular with the public: a poll conducted for the National Employment Law Project found 82 percent of people opposed.

None of this means that Trump’s labor secretary, Alexander Acosta, is going to back down. But once again the Trump administration is making clear where it stands—definitely not with workers.

About the Author: Laura Clawson is labor editor at DailyKos.

This blog was originally published at DailyKos on February 6, 2018. Reprinted with permission. 

Labor Department scrubbed analysis that said its proposal would rob billions from workers

Friday, February 2nd, 2018

The Department of Labor decided to scrub an analysis from its proposal affecting tipped workers after it found workers would be robbed of billions of dollarsaccording to former and current department sources who spoke to Bloomberg Law.

In December, the Labor Department proposed a rule that rescinded portions of Obama-administration tip regulations and would allow employers who pay the minimum wage to take workers’ tips. The department said the proposed rule would allow “back of the house” workers, such as dishwashers and cooks, who don’t typically receive tips, to be part of a tip-sharing pool. But the rule also wouldn’t prevent employers from just keeping the tips and not redistributing them.

The department never offered any estimate to the public of the amount of tips that would be shifted from workers to employers. The work of analyzing costs and benefits to proposed rules is legally required for the rulemaking process, Economic Policy Institute noted. EPI did its own analysis and found that tipped workers would lose $5.8 billion a year in tips as a result of this rule. Women in tipped jobs would lose $4.6 billion annually.

After seeing the annual projection showing that billions of dollars would transfer from tipped workers to their employers, senior department officials told staff to revise the methodology to lessen the impact, according to Bloomberg Law. After staff changed the methodology, Labor Secretary Alexander Acosta and his team were still not satisfied with the analysis, so they removed it from the proposal, with the approval of the White House.

Restaurant Opportunities Centers United, a non-profit that advocates for improvement of wages and working conditions for low-wage restaurant workers, has opposed the proposed rule and said it would push a majority-women workforce “further into financial instability.”

Heidi Shierholz, an economist at the Economic Policy Institute, told the Washington Post in December that “the administration is giving a windfall to restaurant owners out of the pockets of tipped workers.”

A department spokesman told Bloomberg Law that the department would likely publish an “informed cost benefit analysis” as part of any final rule but did not answer the reporter’s question about why the department wouldn’t allow the public to react to the analysis it created. The spokesman also claimed the department is acting in accordance with the Administrative Procedure Act, a federal statute governing the ways agencies move forward with regulations. Two purposes of the APA is to make sure there is public participation in the rulemaking process, including by allowing public commenting and make sure the public is informed of rules. The public only has until Feb. 5 to comment on the proposal without viewing the department analysis. But the public could view the Economic Policy Institute analysis created to replace the department’s shelved one.

Some senior attorneys at worker rights’ groups say that the lack of analysis could violate the APA if the department publishes the full analysis with the final rule, as the spokesman said it would, but doesn’t do so during its proposal. That would prove that the department could have created the analysis earlier but decided not to, lawyers told Bloomberg Law last week.

This wouldn’t be the first time the administration has been accused of not properly adhering to the ADA.  Many states are claiming the administration violated some part of the Administrative Procedure Act. Only a couple weeks into Trump’s presidency, Public Citizen, the Natural Resources Defense Council, and the Communications Workers of America sought to overturn an executive order mandating that federal agencies eliminate two regulations for every regulation they create. The executive order also required that net costs of regulations on people and businesses be $0 in 2017.

The groups argued that this clearly violates a clause the APA. Judge Randolph Moss of the U.S. District Court for the District of Columbia heard arguments in the lawsuit in August and said, “It’s like a shadow regulatory process on top of the regulatory process.” However, it’s not clear if the rule has been implemented in practice. Public Citizen, the Natural Resources Defense Council, and the Communications Workers of America are still waiting on a ruling.

Economists, labor experts, and worker advocates from the National Employment Law Project, Center on Budget and Policy Priorities, ROC United, and the Economic Policy Institute reacted to the news with outrage.

Jared Bernstein, senior fellow at the Center on Budget and Policy Priorities and former Chief Economist to Vice President Joseph Biden, said he has developed a “high outrage bar” over the past year but “this failure to disclose handily cleared that bar.”

Heidi Shierholz, senior economist and director of policy at Economic Policy Institute, said she believes  EPI’s analysis is pretty close to whatever the department of labor came up with in its shelved analysis.

“The basic economic logic is that it is really unlikely that back-of-the house workers would get any more pay if this rule were to be finalized … If employers do share those tips with them, it is likely it will be offset by a reduction in base pay. I don’t think take-home pay would be affected by this rule at all,” Shierholz said.

Shierholz added, “It is likely that the DOL found something in this ballpark too and it’s not surprising that there is just no way to do a good faith estimate and also maintain the fiction that this rule is not terrible for workers, so in that light you can see why it is no wonder that they tried to bury it.”

When asked whether any group planned to sue the department over its decision not to show the analysis to the public, Christine Owens, executive director of the National Employment Law Project, said her organization sent a request to the department asking that it withdraw the rule but that she has not heard back from the department.

“We haven’t decided what further action we may take,” she said.

Sen. Patty Murray (D-WA) released a statement demanding that the department drop the effort to propose this rule:

“This botched cover-up of evidence proving President Trump’s policies help businesses steal billions from workers shows exactly what President Trump truly cares about: helping those at the top squeeze every last penny from families trying as hard as they can to get ahead. Now that their real priorities have been exposed, President Trump should tell Secretary Acosta to abandon this effort immediately.”

This story was updated with additional quotes from economists, labor advocates, and politicians.

This article was originally published at ThinkProgress on February 1, 2018. Reprinted with permission.
About the Author: Casey Quinlan is a policy reporter at ThinkProgress covering economic policy and civil rights issues. Her work has been published in The Establishment, The Atlantic, The Crime Report, and City Limits.

Trump Dept. of Labor Rule Would Legalize Employers Stealing Workers’ Tips

Friday, December 15th, 2017

Last week, the Trump administration launched yet another front in its war on workers when the Department of Labor (DOL) proposed a new rule that would allow restaurants and other employers of tipped workers to begin legally pocketing their workers’ tips. 

The DOL’s proposed rule would ostensibly allow restaurants to take the tips that servers and bartenders earn and share them with untipped employees, such as cooks and dishwashers. This may sound like as a reasonable change, since kitchen staff are essential to the dining experience. Indeed, we do need to reform how restaurant workers generally and tipped workers specifically are paid, including reducing pay disparities between “front of the house” workers and kitchen staff.

But this proposed rule is not really aimed at fixing these problems. How do we know? Because, critically, the rule does not actually require that employers distribute “pooled” tips to workers. Under the administration’s proposed rule, as long as tipped workers earn the minimum wage, employers could legally pocket those tips for themselves.

Evidence shows that even now, when employers are prohibited from pocketing tips, many still do. Research on workers in three large U.S. cities—Chicago, Los Angeles, and New York—finds that 12 percent of tipped workers had their tips stolen by their employer or supervisor. Recent research also shows that workers in restaurants and bars are much more likely to suffer minimum wage violations—meaning being paid less than minimum wage—than workers in other industries. In the 10 most populous states, nearly one out of every seven restaurant workers reports being paid less than the minimum wage.

In some cases, this is the result of employers illegally confiscating tips. In others, it may be the result of employers asking staff to work off the clock, taking illegal deductions from paychecks or paying less than minimum wage to workers who may feel they cannot speak up—such as formerly incarcerated individuals, undocumented workers or foreign guest workers. These violations amount to more than $2.2 billion in stolen wages annually—and that’s just in the 10 largest states.

With that much illegal wage theft occurring, it should be clear that when employers can legally pocket the tips earned by their employees, many will. And while the bulk of tipped employees work in restaurants, tipped workers outside the restaurant industry—such as nail salon workers, casino dealers, barbers and hair stylists—could also see their bosses begin taking a cut from their tips.

The Economic Policy Institute estimates that under the Trump administration’s proposed rule, employers would pocket nearly $6 billion in tips earned by tipped workers each year. Trump’s DOL even acknowledges that this could occur, stating “The proposed rule rescinds those portions of the 2011 regulations that restrict employer use of customer tips when the employer pays at least the full Federal minimum wage.” In other words, so long as servers, bartenders and other tipped workers are being paid the measly federal minimum wage of $7.25 per hour, employers can do whatever they please with those workers’ tips. The DOL claims that this is actually a benefit of the proposed rule because it “may result in a reduction in litigation”—that is, fewer tipped workers being able to sue employers who steal their pay.

The fact that Trump’s DOL would so brazenly work to undermine protections for one of the lowest-paid, most poverty-stricken segments of the workforce says a lot about this administration’s values. The federal DOL is many workers’ primary source of protection when mistreated by an employer. In fact, 14 states effectively defer their wage and hour enforcement capacity to federal officials—meaning that outside of a private lawsuit, the federal DOL is these workers’ only option for recourse.

An administration that genuinely cared about working people would crack down on employers stealing from workers, not propose to legalize it.

This blog was originally published at In These Times on December 15, 2017. Reprinted with permission. 

About the Author: David Cooper is a Senior Economic Analyst at the Economic Policy Institute.

One Last Time: OSHA Extends Recordkeeping Reporting Deadline

Friday, November 24th, 2017

After multiple delays, OSHA has finally announced that employers who are required to keep OSHA injury and illness records must send summary information in to the agency by December 15, fifteen days after the deadline announced last June, when the agency proposed to delay the reporting deadline from July 1 to December 1.

The rollout has been plagued by numerous delays. First OSHA delayed until August 1 in putting up the website which was supposed to be up by the end of February.  Then there came false accusations of a data breach, and finally a delay in issuing the final change in the required submission deadline.

When the regulation was issued last year, OSHA stated that the data would be published on the web. “Public disclosure of work injury data will encourage employers to increase their efforts to prevent work-related injuries and illnesses,” OSHA announced when the regulation was issued in May 2016.  The Trump administration has not disclosed its intentions about publicizing the data, although there is legal precedent for requiring the agency to publish the data on OSHA’s website.

Other parts of the “electronic” recordkeeping regulation are being challenged in court and are under reconsideration by OSHA. The agency also announced today that OSHA is currently reviewing the other provisions of its final rule to Improve Tracking of Workplace Injuries and Illnesses, and intends to publish a notice of proposed rulemaking to reconsider, revise, or remove portions of that rule in 2018.”

Some in the business community don’t like requirements that more detailed information on injuries and illnesses be sent to OSHA starting next year, or that OSHA has prohibited employers from retaliating against workers for reporting injuries.  At last week’s Congressional hearing, Secretary of Labor Acosta falsely stated that the regulation “was asking for some information that was very detailed and that identifies individuals.”

OSHA also noted that seven state plans, California, Maryland, Minnesota, South Carolina, Utah, Washington, and Wyoming, have not yet adopted the regulations. States are supposed to adopt all new OSHA standards and regulations within 6 months of federal OSHA’s issuance.

This blog was originally published at Confined Space on November 22, 2017. Reprinted with permission. 

About the Author: Jordan Barab was Deputy Assistant Secretary of Labor at OSHA from 2009 to 2017, and spent 16 years running the safety and health program at the American Federation of State, County and Municipal Employees (AFSCME).

Trump has bad news for millions of workers in line for overtime pay under Obama

Friday, July 28th, 2017

Donald Trump’s major life goal at this point seems to be rolling back everything good President Barack Obama did for the country and its people—and now he’s coming for your overtime pay. Obama had sought to raise the overtime eligibility threshold to include millions more workers, a change that was supposed to go into effect in December but was blocked at the last minute by a judge. Now, of course—of course—Mr. Populist is rolling back Obama’s expansion. Trump’s Labor Department announced Tuesday that it would be doing something to the overtime eligibility threshold, but it’s not clear what, and they’re definitely not going to be raising the threshold to $47,000 like Obama proposed.

In the final days of the Obama administration, the Labor Department had appealed the judge’s decision blocking implementation of the raise, and Trump’s Labor Department agreed in court that it has the power to set the eligibility threshold. But Labor Secretary Alexander Acosta plans to use that power in a very different way than Tom Perez did under Obama:

On Tuesday, the department said in light of the pending appeal, it decided to issue a request for comments rather than skip immediately to rescinding or revising the rule.

The agency asked for input on whether the current threshold of $23,660 set in 2004 should be updated for inflation, and whether there should be multiple levels based on region, employer size, industry or other factors. […]

The department also asked employers to explain how they prepared for the rule to take effect and whether it has had an outsize impact on small businesses and particular industries.

The department said it was considering eliminating the salary threshold, leaving overtime eligibility to be based on workers’ job duties.

Mind you, the Obama administration already had a lengthy comment period and took 300,000 comments. But we know the Trump regime will be listening to comments from one set of people in particular: bosses who want to exploit their workers.

This blog was originally published at DailyKos by Laura Clawson on July 26, 2017. Reprinted with permission.

About the Author: Laura Clawson is labor editor at DailyKos.

Tell the Labor Department Not to Repeal the Persuader Rule

Monday, June 19th, 2017

The Labor Department issued a proposal on Monday that would rescind the union-buster transparency rule, officially known as the persuader rule, designed to increase disclosure requirements for consultants and attorneys hired by companies to try to persuade working people against coming together in a union. The rule was supposed to go into effect last year, but a court issued an injunction last June to prevent implementation. Now the Trump Labor Department wants to eliminate it.

We wrote about this rule last year. Repealing the union-buster transparency rule is little more than the administration doing the bidding of wealthy corporations and eliminating common-sense rules that would give important information to working people who are having roadblocks thrown their way while trying to form a union.

AFL-CIO spokesman Josh Goldstein said:

The persuader rule means corporate CEOs can no longer hide the shady groups they hire to take away the freedoms of working people. Repealing this common-sense rule is simply another giveaway to wealthy corporations. Corporate CEOs may not like people knowing who they’re paying to script their union-busting, but working people do.

If the rule is repealed, union-busters will be able to operate in the shadows as they work to take away our freedom to join together on the job. Working people deserve to know whether these shady firms are trying to influence them. The administration seems to disagree.

A 60-day public comment period opened Monday. Click on this link to leave a comment and tell the Labor Department that we should be doing more to ensure the freedom of working people to join together in a union, not less. Copy and paste the suggested text below if you need help getting started:

“Working people deserve to know who is trying to block their freedom from joining together and forming a union on the job. Corporations spend big money on shadowy, outside firms that use fear tactics to intimidate and discourage people from coming together to make a better life on the job. I support a strong and robust persuader rule. Do not eliminate the persuader rule.”

About the Author: Kenneth Quinnell is a long-time blogger, campaign staffer and political activist.  Before joining the AFL-CIO in 2012, he worked as labor reporter for the blog Crooks and Liars.  Previous experience includes Communications Director for the Darcy Burner for Congress Campaign and New Media Director for the Kendrick Meek for Senate Campaign, founding and serving as the primary author for the influential state blog Florida Progressive Coalition and more than 10 years as a college instructor teaching political science and American History.  His writings have also appeared on Daily Kos, Alternet, the Guardian Online, Media Matters for America, Think Progress, Campaign for America’s Future and elsewhere.

HELP Committee Should Ask Acosta for Commitments to the DOL Mission

Tuesday, March 21st, 2017

Ahead of Wednesday’s confirmation hearing for Alexander Acosta as Secretary of Labor, workers and workers’ advocates have been vocal about their concerns with his appointment. Workplace Fairness, the Leadership Conference on Civil and Human Rights, and Senator Elizabeth Warren, among others, are seeking assurances from Mr. Acosta about how he intends to protect workers and carry out the mission of the Department of Labor.

While we haven’t seen the level of outrage with the Acosta nomination that we saw with former nominee Andrew Puzder, Mr. Acosta still has a lot to answer for, and his relative lack of a record on workers’ rights issues is cause for concern. Will he protect against political influence and work to uphold the Department’s mission to promote worker welfare and assure workers’ benefits and rights?  Or will he toe the line of the Trump administration, fail to aggressively pursue investigations and litigation, and leave American workers out in the cold?

Transparency

Earlier this month, Workplace Fairness sent a position statement to the Senate HELP committee in charge of the confirmation hearing. Workplace Fairness focuses generally on advocating for workers’ rights, and more specifically on ensuring that America workers have access to comprehensive, easy to understand, information about their legal rights and remedies in the workplace. Workplace Fairness made clear that in light of recent issues with information going missing from government websites, Mr. Acosta should commit to ensuring that DOL continually provides transparency about his intentions going forward, and provides comprehensive information to the public about our rights in the workplace and how to enforce them.

Politicized hiring

Another issue sparking a call for assurances from Acosta is the potential for politicized hiring at the Department of Labor. The Trump administration is actively promoting an anti-worker agenda, from appointing a cabinet full of millionaires, to cutting the budget for programs that help workers, and working to repeal the Affordable Care Act which will dramatically impact all workers’ health benefits, even those insured through their employers. It is vital that the Secretary of Labor guard against politicized hiring that would turn the Department into an ally of the current administration rather than an agency committed to protecting workers. Acosta will most certainly have to answer questions about the 2008 report from the Office of the Inspector General which implicated him in politicized hiring at the Department of Justice when he was an Assistant Attorney General. The report found that he failed to properly supervise his deputy assistant who was clearly engaged in politicized hiring, in violation of civil service laws. He will need to explain to the HELP Committee how he intends to ensure that this type of hiring doesn’t happen at the Department of Labor. The Leadership Conference on Civil and Human Right recently issued a statement (joined by Workplace Fairness and 86 other organizations) specifically asking how Acosta would prevent political interference with the Office of Federal Contract Compliance, the Wage and Hour Division, and the Bureau of Labor Statistics as they carry out their missions to enforce rules and laws like the Fair Labor Standards Act and the Overtime Rule, and report vital statistics and information to the  American public.

Budget cuts

Senator Elizabeth Warren also raised grave concerns about a variety of issues, including politicized hiring and budget cuts at the DOL in her 23-page letter to Acosta, asking him to respond by March 27.  Senator Warren asks Acosta to detail how he intends to continue the work of investigating and litigating labor law violations under Trump’s proposed 21% cut to the DOL budget. She says

“I am also concerned about how you will respond to President Trump’s plan to cut more than 20% of DOL’s budget-the third biggest cut to any agency after the State Department and the Environmental Protection Agency…These draconian cuts will hobble your ability to run core parts of the agency, including the divisions that investigate and enforce the federal health and safety standards that keep workers safe on the job and the federal wage and hour laws that ensure that workers are paid fairly.”

The cut would bring the DOL budget to its lowest level since the 1970’s, according to the New York Times.

The upshot

It is expected that Acosta will be confirmed, as confirmation only requires a simple majority vote, and the Republicans have 52 seats in the Senate. Democrats and workers’ rights advocates hope to use this confirmation hearing as an opportunity to get some important assurances and commitments from Acosta on the record.

Many workers’ rights groups and other organizations, like the Economic Policy Institute, with its Perkins Project, are poised to pay close attention to what the Department does in the coming years, and to hold the Secretary of Labor accountable for the promises he makes. And as always, Workplace Fairness will continue to maintain free, up-to-date, comprehensive, easy to read information for the public about what their rights are in the workplace, and how to enforce them. These efforts will become even more critical in the days ahead as government agencies are forced to eliminate staff positions and enforcement activities, and potentially lessen their commitment to protecting the rights of workers.

SHANNON RUSZ has been associated with Workplace Fairness since 2009. Since 2014 she has worked as Content Manager for Workplacefairness.org, and most recently has taken on the role of Acting Executive Director of Workplace Fairness. Shannon is an attorney practicing in the Annapolis, Maryland area. She received her undergraduate degree from Virginia Commonwealth University and her Law degree from The George Washington University Law School.

Despite Some Union Support, Trump’s New Labor Pick Would Be Terrible for Workers

Tuesday, March 14th, 2017

President Donald Trump’s new pick to head the Labor Department is getting an early boost from a “divide-and-conquer” strategy against labor unions and their allies, even before his qualifications and background as a civil servant are scrutinized in a Senate confirmation hearing.

The nomination of R. Alexander Acosta was announced by Trump less than 24 hours after the president’s first choice for the job, hamburger-chain executive Andrew Puzder, dropped out of consideration. Puzder faced mounting Senate opposition, even from some conservative Republicans, because of disclosures that he had personally broken labor law by hiring an undocumented household servant, and also that he had been accused of spousal abuse many years ago.

Labor unions and Democratic Party leaders in Washington, D.C., had maintained a unified front against the Puzder nomination but that unity dissolved almost immediately with the announcement of Acosta’s nomination February 16. His first confirmation hearing, which was scheduled for this week, has been moved to March 22.

The first endorsement came from the International Union of Operating Engineers, followed by one from the International Association of Fire Fighters and then the Laborers International Union of North America (LIUNA) got on board. AFL-CIO President Richard Trumka even offered lukewarm praise, telling MSNBC News: “Well, we’re going to vet him, but he does have a history of enforcing the laws that protect workers, which is a real plus, whereas Puzder had a history of violating the rules.”

Acosta, 48, is currently dean at the Florida International University’s law school, a position he has held since 2009. A Harvard-trained lawyer, he held several appointed positions in the administration of George W. Bush. Before that, he was a labor lawyer at the giant law firm Kirkland & Ellis LLP, known for representing large multinational corporations.

Pro-labor Democrats in the Senate have been conspicuously quiet on Acosta’s nomination—at least thus far. Sen. Elizabeth Warren, a Democrat from Massachusetts, for example, was an outspoken opponent of Puzder but spokeswoman Alexis Krieg tells In These Times that the senator has no comment on Acosta.

Not so shy is Erik Loomis, assistant professor of history at the University of Rhode Island and a labor commentator at the progressive blog Lawyers, Guns & Money. He said:

“The selection of Alexander Acosta should provide no comfort for those who worked to reject Andy Puzder. Acosta has a lifetime of anti-union and anti-worker positions. Appointed to the National Labor Relations Board by George W. Bush, Acosta consistently decided with employers during his term. His support of Ohio’s attempt to suppress black voting in 2004 is deeply disturbing. That the AFL-CIO seems to think Acosta is as good as they are going to get under Trump is depressing, but perhaps realistic.”

William B. Gould IV, a law professor at Stanford University, agrees with Loomis’ analysis of Acosta’s tenure at the National Labor Relations Board (NLRB). He says Acosta had “a short, and for the most part uninspiring record” at the NLRB. Acosta served at the board for just eight months in 2003, a time when anti-union Republicans were in control.

Gould, a former NLRB chairman during the President Bill Clinton administration, cites several cases as examples of Acosta’s anti-worker positions:

  • Alexandria Clinic, P.A., 339 NLRB No. 162 (2003). Acosta voted that hospital strikers could be legally fired because they delayed the beginning of an otherwise legal job action by several hours.
  • Curwood Inc., a division of Bemis Company Inc., 339 NLRB No. 148 (2003). Acosta voted to ignore otherwise illegal threats made by the employer against workers trying to form a union. He also sanctioned otherwise illegal promises of new benefits to workers who would vote against the union.
  • Beverly Health, 339 NLRB No.161 (2003). Acosta voted against a corporate remedy in spite of the fact that the company had been found guilty of extensive misconduct on other occasions. His vote was in the minority.

“Curiously, one opinion of Acosta’s, while laudable and appropriate, will give him problems with the anti-immigrants,” among conservative Republicans, Gould adds.

In the case of Double D Construction, 339 NLRB No.48 (2003), Acosta stated that a worker who used a false social security number should not be considered guilty of committing a crime. Such misrepresentations are just part of the workday reality for undocumented workers, Acosta argued. This was the correct decision, according to Gould, but will likely be viewed differently by Republicans favoring a hard line against immigrants.

Equally problematic for worker rights advocates is Acosta’s tenure at the Department of Justice, where Acosta held appointed positions starting in 2003, says Saru Jayaraman, co-director of the pro-worker Restaurant Opportunities Center United.

There are at least two “troubling” episodes in Acosta’s Department of Justice career, Jayaraman says. First, Acosta is on record supporting efforts to restrict voting rights for African Americans in Ohio in 2004. In that case, Acosta was accused of exerting political pressure to help suppress voter turnout. “Voting rights are essential to labor rights, so I see this as important,” Jayaraman says.

So does the Lawyers’ Committee for Civil Rights Under Law, an advocacy group that has been fighting attempts to restrict voting laws. Committee President Kristen Clarke stated:

Mr. Acosta led the Civil Rights Division at a time that was marked by stark politicization, and other improper hiring and personnel decisions that were fully laid to bare in a 2008 report issued by the Office of Inspector General (OIG). The OIG found that actions taken during Mr. Acosta’s tenure violated Justice Department policy and federal law. Political and ideological affiliations were used as a litmus test to evaluate job candidates and career attorneys, wreaking havoc on the work of the Division. This egregious conduct played out under Mr. Acosta’s watch and undermined the integrity of the Civil Rights Division. It is hard to believe that Mr. Acosta would now be nominated to lead a federal agency tasked with promoting lawful hiring practices and safe workplaces.

A second troubling incident was a plea deal that Acosta negotiated while he was the U.S. Attorney for the Southern District of Florida in 2005, Jayaraman says. In that case, a man accused of having sex with underage girls and soliciting prostitution received a light sentence, apparently because the man was a wealthy businessman who could afford expensive lawyers, she claims.

“This was a sexual predator. This is very relevant to workers in the restaurant sector because sexual harassment and sexual abuse in the restaurant industry is just rampant,” Jayaraman tells In These Times. “Acosta does not take the issue seriously.”

But in the final analysis, “it doesn’t matter whether it’s Puzder or this guy (Acosta). The agenda is the same … The secretary of labor doesn’t set the policy, the president does,” says Jayaraman.

Loomis concurs.

He says: “Trump’s selections, both Puzder and Acosta, are inherently anti-worker. But so is Donald Trump, despite the unusual level of support he received from union members.”

This blog originally appeared at Inthesetimes.com on March 13, 2017. Reprinted with permission.

Bruce Vail is a Baltimore-based freelance writer with decades of experience covering labor and business stories for newspapers, magazines and new media. He was a reporter for Bloomberg BNA’s Daily Labor Report, covering collective bargaining issues in a wide range of industries, and a maritime industry reporter and editor for the Journal of Commerce, serving both in the newspaper’s New York City headquarters and in the Washington, D.C. bureau.

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