Hold On, I’m Coming, Says Secretary of Labor, Hilda Solis

In a recent commencement speech, Secretary of Labor Hilda Solis made it clear which side of the management-labor divide she’s on. (See article in New York Times.) Her roots and her career make Solis unabashedly pro-union, pro-worker. One could argue whether the Secretary of Labor should be so vocal about her pro-labor stance, but with Solis, there’s no room for argument. (And in fairness, the Bush administration made no secret of its pro-management leanings.)

Organized labor hopes she’ll be able to help the Obama administration pass the Employee Free Choice Act (EFCA). She’ll surely do her best, but EFCA seems stalled at present.

Without any legislative action, Solis has the power to direct the Department of Labor (DOL) to aggressively pursue employers for wage-hour violations under the Fair Labor Standards Act (FLSA) and for violations of the Family and Medical Leave Act (FMLA). The onslaught of dedicated investigators into businesses across the country would certainly turn up violations of the FLSA and FMLA, two laws not the easiest for employers to comply with even when they try.

Solis has promised to ramp up DOL enforcement. She remembers employer transgressions from her family history, and she’s sure they’re still going on. Since Solis’ confirmation, employers have been warned to get their houses in order or else.

Despite the clear intentions of the Obama administration in general and Secretary Solis in particular, the economy continues to make vigorous investigations of businesses problematic. A lot of businesses have closed without any government pressure. A lot of businesses are yet to close. These closures hurt the employees Solis wants to help. Until the economy begins to turn around, Solis will continue to talk tough but find it difficult to take bold action. The economy will turn around, however. Then employers better gird their loins.