HR Management & Compliance

Employment Enforcement Agencies Under New Management

This content was originally published in April 2009. For the latest FMLA regulation changes, visit our FMLA article archives or try our practical FMLA compliance guide.

Not surprising, President Obama’s picks to head agencies such as the U.S. Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), and the National Labor Relations Board (NLRB) represent the personalities and individual experience necessary to achieve his stated goals for change.

DOL Gets a New Boss

Most recently, President Obama named Representative Hilda Solis as the choice for secretary of labor. Rep. Solis, a vocal supporter of unions and employee rights, has announced her intention to enforce existing laws and regulations, particularly with respect to wage and hour, overtime, and pay discrimination.

Solis, a fifth term Congressperson from California’s 32nd Congressional District, also served in the California State Assembly from 1992 to 1994. Solis is the daughter of immigrant parents and has served as a strong advocate for workers’ rights during most of her political career, drafting measures to help migrant workers, combat domestic violence, and limit pesticides. She worked in the Carter White House Office of Hispanic Affairs and was later appointed as a management analyst with the Office of Management and Budget in the Civil Rights Division.

The AFL-CIO, a labor federation, praised the pick, saying Solis has sided with labor on the vast majority of legislation. Solis, for example, has voted in favor of raising the minimum wage and supported the Employee Free Choice Act, which would make it easier for unions to organize.

“We’re confident that she will return to the Labor Department one of its core missions—to defend workers’ basic rights in our nation’s workplaces,” said AFL-CIO President John Sweeney. “She’s proven to be a passionate leader and advocate for all working families. In fact, she’s voted with working men and women 97 percent of the time.”

Solis would succeed Elaine L. Chao, who is the longest serving secretary of labor since World War II. Chao oversaw many changes during her time on the job, including revisions to rules covering overtime, the Family and Medical Leave Act, and union financial disclosure.

Obama Picks New EEOC Chair

President Obama has also named Stuart J. Ishimaru as acting chairman of the EEOC and Christine M. Griffin as acting vice chair.

Ishimaru, whose term expires on July 1, 2012, has been an EEOC commissioner since November 2003. He was confirmed by the U.S. Senate for a second term at the EEOC in December 2007. During his tenure, Ishimaru has primarily focused on large, systemic cases.

Before joining the EEOC, Ishimaru served as deputy assistant attorney general in the Civil Rights Division of the U.S. Department of Justice between 1999 and 2001. Before that, he served as counsel to the assistant attorney general in the Civil Rights Division for 5 years.

Griffin was sworn in as an EEOC commissioner on January 3, 2006, to serve the remainder of a 5-year term expiring July 1, 2009. Before joining the EEOC, Griffin served as the executive director of the Disability Law Center in Boston from 1996 to 2005.

Liebman Named to Lead NLRB

Just after swearing in as the 44th president of the United States, President Obama named Wilma B. Liebman as chairman of the NLRB. Liebman, a Democrat, has served on the NLRB since 1997. For much of the last year, the Board had been operating with only two active members, resulting in many deadlocked decisions.

The NLRB traditionally has two Democrats, two Republicans, and a fifth member from the president’s party. The president can designate any member to serve as chairman. With the three vacancies on the Board, President Obama has an opportunity to create a Democratic majority.

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