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White House Nominates Acting DOL Wage & Hour Administrator to Lead Division

Four months after its controversial nominee, David Weil, withdrew his name from contention as Administrator of the Wage and Hour Division (WHD) of the Department of Labor (DOL), the White House has nominated Acting Administrator Jessica Looman to head the post. Prior to joining the DOL as Principal Deputy Administrator of the WHD at the beginning of 2021, Ms. Looman was executive director of the Minnesota building trades coalition. She had been in the position of Acting Administrator since June 2021 but due to regulatory requirements for agency nominees, that title officially has been removed, despite the fact that she will retain all of the same duties while her nomination is pending.

Since Ms. Looman began leading the WHD as Acting Administrator, the Division has rescinded final rules, issued during the previous administration, concerning the joint employer and independent contractor analyses, and has signaled its intent to issue new final rules regarding the independent contractor analysis and eligibility for the executive, administrative, and professional (i.e., the “white collar”) exemptions. Notably, a court subsequently deemed unlawful the DOL’s withdrawal of the independent contractor final rule, and that rule is now in effect unless and until a new final rule is enacted. For more information on this development, see our article, DOL Withdrawal of Trump-Era Independent Contractor Final Rule Unlawful, Court Rules.

Prior to Ms. Looman’s nomination, the Biden Administration tapped Dr. David Weil for the position. Dr. Weil headed the WHD under the Obama Administration and, under his leadership, the DOL published an overtime final rule that would have more than doubled the minimum salary to qualify for the white collar exemptions. That rule was struck down by a Texas federal judge shortly before going into effect in late 2017 and a new final rule was issued under the Trump Administration, raising the minimum annual salary to a relatively more modest $35,568. It remains to be seen whether, as part of its current rulemaking efforts, the WHD will once again seek a substantial increase in the minimum salary required to qualify for these exemptions.

Whether Ms. Looman’s nomination will be taken up by the Senate prior to the midterm elections in November 2022 is in doubt, and those elections certainly could impact the outcome of her nomination.

Jackson Lewis P.C. © 2022National Law Review, Volume XII, Number 215
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About this Author

Jeffrey Brecher, Jackson Lewis, Management Arbitration Lawyer, Labor Litigation Attorney
Principal

Jeffrey W. Brecher is a Principal in the Long Island, New York, office of Jackson Lewis, and is Practice Group Leader of the firm's Wage and Hour practice. He has litigated hundreds of cases, defending management at arbitration, before state and federal administrative agencies and at trial.

Mr. Brecher regularly advises clients on compliance with various state and federal laws affecting the workplace, including discrimination and related claims arising under Title VII, Family and Medical Leave Act, Americans with...

631-247-4652
Justin R. Barnes, Jackson Lewis, Federal Employment Lawyer, Discrimination Allegations Attorney
Principal

Justin R. Barnes is a Principal in the Atlanta, Georgia, office of Jackson Lewis P.C. He represents employers in federal and state courts and before administrative agencies on a variety of labor and employment related issues, including collective and class action wage and hour disputes, labor arbitrations, allegations of discrimination, and employment-related contract disputes.

Mr. Barnes’ practice is focused primarily on defending complex wage and hour class and collective actions in state and federal courts across the...

404-586-1809
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