By
the time you read this, Alexander Acosta, the 45th President’s
nominee for Secretary of Labor, is likely to have been confirmed by
the full Senate. He got narrow approval from the Senate Committee on
Health, Education, Labor and Pensions by a 12-11 party line vote. I
don’t blame the Democrats for opposing the Acosta nomination.
In his televised hearing, he was as slippery as Supreme Court
nominee, Neil Gorsuch, dancing around questions and so exasperating
Massachusetts Senator Elizabeth Warren (D) that she said, “This
has really been frustrating. You have dodged every one of my
questions. None of these were trick questions.”
Warren
tried to pin Acosta down on overtime rules. Presently, workers who
earn more than $23,660 do not qualify for time and a half, or
overtime, pay. Someone who earns that little money is earning just
over $11 an hour. They hardly qualify as “executives”.
President Obama proposed that the ceiling be doubled, so that anyone
earning under $47,320 could collect overtime. Four million more
workers would have overtime protection. Acosta said he would take
the lead from his boss, the 45th President, but indicated that the
ceiling should be less than $47,000. He prefers something in the
$33,000 range.
Will
you stand up for workers, Elizabeth Warren asked him? That’s
the purpose of the Labor Department. We have so many government
departments who take care of corporations, but only the Labor
Department takes care of the little person. Their regulations on
occupational safety and health, pay fairness, and discrimination
protect workers when employers are indifferent to their safety and
welfare. But the 45th President’s “budget lite”
proposes a 21 percent cut in the Department of Labor budget. It
would eliminate some job training programs, including the Senior
Community Service Employment Program, close Job Corps Centers,
eliminate parts of the Office of Disability Employment Policy, and
eliminate the Occupational Safety and Health Administration “unproven
training grants”. This “America First” budget is
disgraceful in its frequent use of words like “ineffective”,
“unproven”, “inefficient”, and “eliminate”,
as if there has been any study done, in the scant 60 days of this
Administration, to prove inefficiency.
Indeed,
while we weren’t paying much attention, 45 signed legislation
that took away occupational safety protections for those working for
federal contractors. President Obama required companies competing for
federal contracts to disclose and fix safety violations, but the
Senate voted to revoke the Fair Pay and Safe Workplace Rule. Some
Republicans said it "wasn't fair" that companies with
workplace violations couldn't get federal contracts. They would
prefer that contractors who exploit and endanger their workers be
allowed to bid on federal contracts without fixing their
deficiencies. They want to reward contractors who exploit and
endanger their workers.
Acosta
doesn’t have the baggage that restaurant executive Andrew
Puzder, did. 45’s first nominee for Secretary of Labor was
such a hot mess that he withdrew from consideration. Acosta is a
lifelong public servant and now dean of Florida International
University’s law school, and chairman of the board of the US
Century Bank. He has been confirmed by the Senate for other
positions, including the National Labor Relations Board and Assistant
US Attorney, and he is likely to be confirmed this time around.
Despite
the fact that Acosta will be only the first Hispanic on the Trump
cabinet, and the fact that his background – Harvard
undergraduate and law degrees – seems impeccable, he is likely
to be nothing but a disappointment for workers. Not only will he
likely do less for overtime than President Obama required, but he
will likely also limit rules that limit worker exposure to
cancer-causing substances, and require financial advisers to work in
the best interest of their clients. Essentially, he has indicated he
will follow 45’s lead, and Trump is notoriously
anti-regulation.
Acosta
had to offer an apology for past behavior. As Assistant Attorney
General, he had an employee who described conservatives as “real”
Americans. The rest of us, apparently, are “commies and
pinkos”. Never should have happened, he told the Senate
committee. While the apology was appropriate, what, really, does he
think of liberals? Will it affect his ability to enforce labor laws?
At
least Acosta, unlike his boss, has enough integrity to apologize when
he is wrong. But his shillyshallying testimony suggests that he
doesn’t have many opinions of his own, only Trump’s. He
doesn’t have a problem with the 45th President’s plans to
shrink the Labor Department and he might support elimination of the
Women’s Bureau. Acosta is bad news wrapped up in a slick
package. His confirmation is a blow to working people.
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