Regulatory Developments

Labor Nominee Withdraws; Trump Names New Pick

Andrew Puzder, President Donald Trump’s nominee for Secretary of Labor, withdrew his name from consideration for the position. In his place, Trump has nominated R. Alexander Acosta, dean of the law school at Florida International University.

Puzder released the following statement:

“After careful consideration and discussions with my family, I am withdrawing my nomination for Secretary of Labor. I am honored to have been considered by President Donald Trump to lead the Department of Labor and put America’s workers and businesses back on a path to sustainable prosperity. I want to thank President Trump for his nomination. I also thank my family and my many supporters—employees, businesses, friends and people who have voiced their praise and hopeful optimism for the policies and new thinking I would have brought to America as Secretary of Labor. While I won’t be serving in the administration, I fully support the President and his highly qualified team.”

Puzder, the CEO of CKE Restaurants, the parent company of fast food chains including Hardee’s and Carl’s Jr., was a controversial pick from the beginning. A strong supporter of Trump during the presidential campaign, he has been criticized for his statements on the minimum wage, immigration reform, and other labor issues, and also faced opposition over several details of his personal life.

Acosta, Trump’s replacement nominee, is a native of Miami who has served in three presidentially appointed, Senate-confirmed positions, including as a member of the National Labor Relations Board, as Assistant Attorney General for Civil Rights, and as a U.S. Attorney for the Southern District of Florida.

News of the nomination of Acosta, who would become the only Hispanic member of the Trump cabinet if confirmed, was met with a relatively positive response.

AFL-CIO President Richard Trumka, who was vocal in opposition to fast-food executive Puzder, said the new nominee “deserves serious consideration.” Trumka observed that, “In one day, we’ve gone from a fast-food CEO who routinely violates labor law to a public servant with experience enforcing it.” Trumka emphasized that the union will be reviewing Acosta’s record carefully and that the nominee “will have to answer tough questions and explain how he will enforce and uphold labor laws to benefit working people.”

Acosta’s nomination was applauded by The Latino Coalition, a Hispanic business advocacy organization. Its president, Hector Barreto, called Acosta “the right choice for this important Cabinet position.” He pointed to Acosta’s strong leadership skills and urged the Senate to confirm Acosta “in order to get more Americans working.”

According to the FIU website, Acosta serves as chairman of U.S. Century Bank, the largest domestically owned Hispanic community bank in Florida.

Department of Labor agencies include OSHA, as well as the Mine Safety and Health Administration, The Bureau of Labor Statistics, and the Office of Disability Employment Policy, among others.

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