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Your guide to Lori Chavez-DeRemer's confirmation hearing

Your guide to Lori Chavez-DeRemer's confirmation hearing

Politico19-02-2025

QUICK FIX
— Lori Chavez-DeRemer's confirmation hearing is today.
— A federal judge temporarily reinstated Merit Systems Protection Board Chair Cathy Harris.
— Trump's pick to lead OSHA oversaw a workplace with dozens of safety violations.
GOOD MORNING. It's Wednesday, Feb. 19. Welcome back to Morning Shift, your go-to tipsheet on labor and employment-related immigration. Send feedback, tips and exclusives to nniedzwiadek@politico.com and lukenye@politico.com. Follow us on X at @NickNiedz and @Lawrence_Ukenye.
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Driving the day
TODAY'S THE DAY: Former Rep. Lori Chavez-DeRemer will appear before the Senate HELP Committee for her confirmation hearing today — but her path to officially becoming President Donald Trump's Labor secretary is murkier than it was a month ago.
Republican lawmakers will undoubtedly press her on her previous support for the PRO Act, a bill championed by Democrats that makes it easier for unions to organize. However, the so-called Department of Government Efficiency's push to access sensitive agency data — which a judge cleared last week — is unsettling many Democrats. They'll want to know whether Chavez-DeRemer will follow along with Elon Musk's overhaul.
Here are the issues we expect lawmakers will focus on during the hearing.
DOGE: With Sen. Rand Paul (R-Ky.) planning to oppose Chavez-DeRemer's confirmation within the committee, Democrats have additional leverage to block the nominee, if she plans to gut the Labor Department.
Some Democrats already told POLITICO that they plan to vote against Chavez-DeRemer. But others, like ranking member Bernie Sanders (I-Vt.) and Sen. Tammy Baldwin (D-Wis.), said they had positive meetings with her and are waiting to learn more about her plans before passing judgment.
Biden-era rules: Democrats will likely press Chavez-DeRemer on whether she plans to carry out and defend many of the Biden administration's proposed regulations, including some that were unveiled shortly before Trump took office, like the proposed rule to end the subminimum wage for disabled workers.
Republicans have already tried to unwind some of those rules through Congressional Review Act resolutions last year. But they also may want to hear from Chavez-DeRemer on how she'll approach rulemaking.
Who gives a helping hand?: Many confirmation hearings have featured brief moments when Republican lawmakers, looking to bail out one of the president's Cabinet picks after an intense line of attack, ask easier questions or jump in to defend nominees against Democrats.
With angst on both sides of the aisle over Chavez-DeRemer's nomination, that role could fall to Senate HELP Chair Bill Cassidy (R-La.), who was key to advancing Robert F. Kennedy Jr.
She'll also be introduced by Sen. Markwayne Mullin (R-Okla.), who has supported her bid to lead DOL despite his initial reservations about her previous pro-union leanings.
More on Chavez-DeRemer: 'Trump's Labor pick will need unusual help to get confirmed,' from Semafor.
ICYMI: District Judge John Bates on Friday refused to block DOGE's effort to access sensitive information at DOL, the Consumer Financial Protection Bureau and the Department of Health and Human Services, ruling that the AFL-CIO and other plaintiffs lacked standing.
LOOK WHO'S BACK: A federal judge on Tuesday temporarily reinstated Merit Systems Protection Board Chair Cathy Harris after Trump fired her last week, Nick reported.
She'll be able to return to her role until the court rules on her motion for a preliminary injunction. District Judge Rudolph Contreras set a hearing on that issue for March 3.
'Were the President able to displace independent agency heads from their positions for the length of litigation such as this, those officials' independence would shatter,' Contreras, a Barack Obama appointee, wrote in a 21-page ruling.
DOJ did not return a request for comment, and the MSPB declined to comment.
Harris' victory could be a positive sign for other Democratic officials whom Trump fired from labor-related panels, some of whom are suing or weighing lawsuits.
AROUND THE AGENCIES
A FLEETING ESG WIN: A federal judge in Texas on Friday reaffirmed his previous ruling upholding a Biden administration rule permitting so-called ESG considerations in certain investment decisions.
Last summer, the 5th Circuit Court of Appeals kicked the case back to Judge Matthew Kacsmaryk, following the Supreme Court's dismantling of so-called Chevron deference, in which the courts gave leeway to federal agencies to fill in the gaps in ambiguous statutes.
Kacsmaryk had partially relied upon Chevron in his 2023 ruling upholding DOL's regulation, so the appellate court determined it made sense to have him reassess the case using the rubric outlined by the high court in Loper Bright Enterprises v. Raimondo.
Ultimately Kacsmaryk ended up in the same place and called the challenge led by a gaggle of GOP attorneys general 'the wooden textualism that courts should endeavor to avoid.'
'The 2022 Rule does not permit a fiduciary to act for other interests than the beneficiaries' or for other purposes than the beneficiaries' financial benefit,' he wrote.
The judge's decision stand out as Kacsmaryk was a frequent headache for the Biden administration — most notably in ruling against the validity of federal approval for abortion drug mifepristone, as well issues ranging from firearm background checks to immigration enforcement.
Regardless, the case may return to the 5th Circuit for further review and the Trump administration may look to return to a regulation it issued the first go-around that limited fiduciaries to focusing solely on risk and return.
NOT A GOOD LOOK: David Keeling, Trump's pick to lead the Occupational Safety and Health Administration, oversaw a workplace with dozens of heat-related injuries while serving as UPS' top safety official, our Ariel Wittenberg reported for POLITICO's E&E News.
OSHA in 2019 cited UPS for leaving drivers exposed to temperatures that reached 104 degrees and sought the maximum penalty of $13,260.
Why it matters: Keeling will play a role in determining whether OSHA proceeds with its proposed heat safety rule that was crafted during the Biden administration, which requires employers to provide workers with water and rest while working in extreme heat.
The Teamsters, which represents UPS drivers and has been critical of how it treats its workers, praised Keeling's nomination and noted his pre-executive experience as an on-the-ground employee for the company.
More agency news: ''Good luck with that.' Trump administration terminates privacy officials at agency overseeing government hiring and firing,' from CNN.
For whom the bell tolls: 'Dozens of employees at U.S. DOGE Service dismissed,' from Government Executive.
Unions
BLOWOUT LOSS: Supporters of an effort to unionize an Amazon facility in North Carolina lost decisively over the weekend by a roughly 3-1 margin, The Raleigh News & Observer reports.
Nearly 2,500 workers at RDU1 in the town of Garner voted against joining the union, Carolina Amazonians United for Solidarity and Empowerment, versus the 829 who voted in favor of organizing.
It is the latest blow for labor organizers to crack into Amazon, with the surprise 2022 upset at JFK8 on Staten Island increasingly an outlier.
More on the election: 'After a North Carolina Election Loss, Amazon Union Organizers Must Think Bigger, Bolder,' from The Nation.
In the Workplace
BUYERS' MARKET: D.C.-area law firms are seeing a flood of interest from government attorneys looking to leave the civil service amid the Trump administration's disruption of the federal workforce, Bloomberg Law reports.
The surge of interest is a boon to private firms, particularly as their pay packages are often far more lucrative than what the government can offer and the competition lessens applicants' room to bargain.
Fun fact: 'Only the New York metropolitan area has more attorneys than the 48,000 lawyers working in the DC region, according to US Bureau of Labor Statistics.'
(NOT ACTUALLY) SELLERS' MARKET: The recent culling of the federal workforce is not actually leading to a spike of D.C. home listings, WUSA reports.
Local real estate knowers say it's just the natural cyclical fluctuations the capital experiences, particularly whenever presidential administrations change.
WHAT WE'RE READING
— 'Mass layoffs, court challenges and buyouts: Making sense of Trump's plans to shrink the federal workforce,' from our Andrew Howard.
— 'It was the deadliest workplace in America. So why didn't safety regulators shut it down?' from The Washington Post.
— 'Republicans are teeing up the next big immigration test for nervous Democrats. Activist groups are watching,' from our Nicholas Wu and Myah Ward.
— 'The Undocumented Workers Who Helped Build Elon Musk's Texas Gigafactory,' from Bloomberg.
THAT'S YOUR SHIFT!

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