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Associated Builders and Contractors (ABC), along with several other trade associations, Dec. 18 sent a letter expressing serious concern over the White House’s nominee to lead DOL’s Wage and Hour Division (WHD), David Weil. Weil’s advocacy positions and lack of relevant job experience were cited as evidence that he would be unable to impartially enforce critical federal wage and hour laws governing the workplace.
As the DOL sub-agency responsible for enforcement of the Fair Labor Standards Act (FLSA) and other significant employment laws, the WHD Administrator’s decisions can impact virtually every employer and employee in the country. The Administrator also oversees the publication of prevailing wage rates for federal construction work under the Davis-Bacon Act, which ABC has long criticized. Due to the impact WHD’s actions can have on jobs and the economy, ABC believes that the Administrator must be able to fairly consider the interests of both employees and employers without preconceived misconceptions about the employer community, which Weil’s history shows he is unlikely to do. 

The signatory organizations argued that Weil should not be confirmed as the new WHD Administrator unless he commits to:

  • Dedicating more resources to compliance assistance for employers; 
  • Responding to employer requests for opinion letters; and 
  • Developing a partnership program to reward employers who commit to compliance. 
The letter comes the same day the Senate HELP Committee voted to approve Weil’s nomination. The 12-10 party line vote sets up a confirmation vote on the Senate floor at a time yet to be determined.

In addition to ABC, the International Foodservice Distributors Association, International Franchise Association, National Association of Home Builders, National Association of Wholesaler-Distributors and National Franchisee Association signed the Dec. 18 letter.