Keith Sonderling has been appointed acting Labor Secretary following the resignation of Lori Chavez-DeRemer, who faced allegations of travel fraud and an inappropriate relationship. Sonderling's immediate elevation to the acting role garnered early support from the business community, which views him as a strong candidate for the permanent position, particularly given his background in labor and employment law.
Sonderling has a significant track record within the Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC), spanning nearly a decade in policymaking roles. During his tenure, he notably championed the use of DOL opinion letters and has been actively involved in promoting the administration's goals related to AI education and workforce upskilling. Business groups and employer-side attorneys, such as Josh Nadreau of Fisher Phillips LLP, express enthusiasm for Sonderling's potential to quickly implement policy changes, especially concerning joint-employer and independent contractor classifications.
Despite the support, Sonderling's path to permanent secretary could be challenging. While Chavez-DeRemer secured 67 votes for her confirmation, the next nominee is expected to face a tougher battle in the Senate, particularly with upcoming midterm elections. Senator Josh Hawley (R-Mo.), a Republican who has sought to align with organized labor, may oppose Sonderling due to his pro-employer stance, potentially complicating the confirmation process through the Senate Health, Education, Labor and Pensions Committee.
Concerns also exist regarding the extended tenure of an acting Labor Secretary, a situation previously seen with President Biden's acting Labor Secretary, Julie Su, who never received Senate confirmation. Despite these potential obstacles, Sonderling's extensive experience, including effectively running the day-to-day operations of the DOL during Chavez-DeRemer's "America at Work" tour, makes him a highly capable interim leader. His deep understanding of the department's mechanisms is seen as crucial for maintaining its mission and driving policy without the typical onboarding period required for an external appointee.
It is important to note that President Trump had previously nominated Sonderling for the number two position at the Department of Labor, deputy labor secretary, in January of the previous year. At that time, Sonderling, whose five-year term as an EEOC commissioner had expired in August, focused much of his work at the commission on the impact of artificial intelligence on the workplace, particularly its potential to exacerbate discrimination. Before joining the EEOC in 2020, he held various roles within the Labor Department's Wage and Hour Division during Trump's first term, including a brief period as its acting administrator.
