When Does Law Enforcement Not Matter? When It's Labor Law
Written by Bruce Goldstein Tuesday, 22 December 2009 23:04
The U.S. Senate has not yet voted on the nomination by President Obama of Patricia Smith to serve as the Solicitor of Labor, the chief lawyer for the U.S. Department of Labor, who makes critically important decisions about enforcing labor laws. Several months have passed with no action on this nomination of Ms. Smith, who is the Commissioner of Labor for the State of New York. The Senate also has not confirmed anyone for the position of Administrator of the Wage and Hour Division, which has direct enforcement responsibiltiy for the minimum wage, overtime and other wage-hour laws, including the Migrant and Seasonal Agricultural Worker Protection Act, the principal employment law for farmworkers. In fact, the nominee withdrew due to the delay.
Law enforcement is critically important to low-wage workers like farmworkers. Politicians tout their commitment to law enforcement at every turn. But when it comes to labor law enforcement, the hypocrisy becomes evident. Prosecuting businesses for violating the minimum wage apparently isn't something that is helpful to some politicians, so leaving a gaping hole in the Department of Labor's leadership becomes an advantage, rather than an embarrassment. That's not cynicism on our part; it's reality.
We are losing hope that the Senate will confirm the Solicitor of Labor before the end of the year. Secretary of Labor Hilda Solis is dedicated to enforcing labor laws. The Senate should give her the attorney that helps ensure she can fulfill her obligation. Now.
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