She looked like a pro-worker Trump cabinet appointee. But now she’s gutting the Labor Department

You may have detected a cautious note of relief among worker advocates when Donald Trump named Lori Chavez-DeRemer as his secretary of Labor.

During her sole term as a Republican member of Congress from Oregon (2023-25), Chavez-DeRemer was one of only three House Republicans to vote in favor of the so-called PRO Act, which would significantly strengthen collective bargaining rights. The measure passed the House in 2019 and 2021 but has been stifled ever since.

Her nomination and subsequent Senate confirmation elicited optimistic noises from the pro-union camp, as I reported in December.

“Her record suggests real support of workers & their right to unionize,” tweeted Randi Weingarten, president of the American Federation of Teachers, when Trump nominated Chavez-DeRemer in November.

AFL-CIO President Liz Shuler said she was “encouraged” by Chavez-DeRemer’s confirmation in March, “given her history of supporting the freedom of workers to organize, join unions and other fundamental values of the labor movement.”

The union leaders tempered their optimism with concerns about the anti-labor policies emanating from the Trump White House: Weingarten said she hoped the appointment signaled that “the Trump administration will actually respect collective bargaining and workers’ voices,” and Shuler said the AFL-CIO was “clear-eyed” that Chavez-DeRemer would be “joining an administration that’s been openly hostile to working people on many fronts in its first two months.”

Can you guess which way the ball has bounced?

On May 1, the Labor Department ordered its staff to cease enforcing a Biden administration rule that had raised the bar preventing businesses from designating their workers as independent contractors instead of employees, depriving those workers of the legal protections and wage and hour benefits typically due employees.

A few days later, Chavez-DeRemer submitted a proposed budget to Congress that would slash her agency’s discretionary funding by more than 35%, to $8.6 billion from $13.2 billion, and cut its workforce by nearly 4,000 full-time workers, a reduction of more than 26%. Among the services to be eliminated would be the Job Corps, which assists low-income youth to complete their high school education and provides job training and placement. (A federal judge in New York has blocked the suspension of Job Corps services and set a hearing for Monday.)

On July 1 came what could be the biggest blow. Chavez-DeRemer announced a plan to rescind 63 regulations that had been designed to help workers. With language that sounds cribbed from the MAGA playbook, she said her goal is to “eliminate unnecessary regulations that stifle growth and limit opportunity.”

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She boasted of launching “aggressive deregulatory efforts in push to put the American worker first,” and added that “these historic actions will free Main Street, fuel economic growth and job creation, and give American workers the flexibility they need to build a better future.”

I’ve asked the Labor Department to provide specific rationales for the deregulatory actions but haven’t received a reply.

The effects, however, are clear. “Two-thirds of these have to do with worker health and safety protections,” says Rebecca Reindel of the AFL-CIO. “They’re being proposed to be either eliminated or severely weakened.”

Chavez-DeRemer’s actions as Labor secretary resemble less the image she fostered as a member of Congress than the policymaking of Trump’s first term. Then, as I wrote at the time, the Department of Labor was “a black hole for worker rights.” His second Labor secretary, Eugene Scalia (son of the late Supreme Court Justice Antonin Scalia), had made his name professionally as a corporate lawyer fighting pro-worker government initiatives.

The standards on the chopping block include those issued by the Occupational Safety and Health Administration, a unit of the Labor Department, that were developed after years of effort. OSHA standards, Reindel told me, take an average of seven years — and as long as 20 years — to draft. “This is an onslaught on people’s basic protections at work.”

One category of threatened regulations applies to standards for respirators and filters to screen out workplace pollutants including asbestos, arsenic and lead. The department proposes to eliminate requirements that workers exposed to occupational pollutants be medically evaluated to ensure that their respirators fit properly and don’t cause health problems on their own.

The agency, asserting that such rules are “unnecessarily prescriptive,” proposes to give employers “greater flexibility in the respirators they select for exposed workers.” Removing some of these regulations, Reindel says, “basically would allow employers to make the determination if a respirator is needed for specific chemicals. They’d give employers more flexibility at the expense of workers’ health.”

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One of the more potentially far-reaching proposals would narrow the application of OSHA’s “general duty clause,” which requires employers to maintain safe workplaces even when no specific OSHA regulation applies. In the most notable case, OSHA cited the clause in fining SeaWorld of Florida $12,000 in connection with the 2010 killing of trainer Dawn Brancheau by an orca during a performance. SeaWorld sued to overturn the penalty but lost in a 2-1 decision by the federal appeals court in Washington, D.C.

The three-judge panel found that even though the dangers of cavorting with wild animals for a public show were understood, SeaWorld should have done more to protect its human performers. (Who represented SeaWorld in that case? Eugene Scalia.)

The department is proposing to exempt from the rule “professional, athletic, or entertainment occupations” that are intrinsically dangerous. In justifying its proposal, the department cites a dissenting opinion in the appellate case by then-Appeals Judge Brett M. Kavanaugh, who is now on the Supreme Court.

In his dissent, Kavanaugh maintained that the agency exceeded its Congressional mandate: “The bureaucracy at the U.S. Department of Labor has not traditionally been thought of as the proper body to decide whether to ban fighting in hockey, to prohibit the punt return in football, to regulate the distance between the mound and home plate in baseball, to separate the lions from the tamers at the circus, or the like,” he wrote. The Department of Labor now maintains that Kavanaugh’s analysis, even though it was a minority finding, was right.

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More than 115,000 athletes, actors and other entertainers could be affected by the change, the agency acknowledges.

The department also proposes to rescind a 2024 regulation that guaranteed the right of migrant agricultural workers to host union organizers in company-owned housing.

The Biden administration asserted that the regulation was needed to “protect workers’ fundamental rights of association” and observed that the isolation of workers in company-furnished quarters and their “unique vulnerabilities renders them particularly at risk of ... workplace abuses, labor exploitation, and trafficking.”

The department, however, cites several court rulings in red states that have held that the regulation was “an infringement on the property rights of employers.” Indeed, that was the reasoning of the Supreme Court in overturning a California law providing for similar access on farm property in 2021.

“The access regulation grants labor organizations a right to invade the growers’ property,” wrote Chief Justice John Roberts for a 6-3 majority, with the court’s three liberal justices dissenting. “It therefore constitutes a per se physical taking” without compensation.

Worker advocates fear that the July 1 announcement is a precursor of more rollbacks to come. “I think the announcement is just the beginning of their deregulation effort,” says Margaret Poydock, a senior policy analyst at the labor-affiliated Economic Policy Institute. “These 63 rules they referenced were just two days’ worth of posting.”

One rulemaking effort that worker advocates are watching closely involves heat-related injuries. A proposed rule was posted in August and is still under consideration, with bipartisan support; public hearings on the rule were completed earlier this month, and final action is expected by the end of September. The Trump administration hasn’t taken any steps to quash it, thus far. But it has been fiercely opposed by business interests.

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The U.S. Chamber of Commerce, for instance, submitted a 20-page comment arguing that the proposal “would result in OSHA micromanaging workplaces, imposing unreasonable burdens, and creating confusion as to what employers would be required to do.”

The proposal, which would apply to almost all employers, would be triggered whenever employees were exposed to a heat index — a measure taking into account heat and humidity — of 80 degrees or higher for more than 15 minutes in an hour-long period.

In those conditions, employers would be required to supply cool drinking water, break areas with cooling and paid rest breaks, among other measures. A heat index of 90 degrees would require mandatory rest breaks of 15 minutes every two hours and other heightened measures.

In the absence of a specific federal heat regulation, workplaces are subject to the general duty clause. But that’s inadequate, worker advocates say. “The general duty clause is reactive — it addresses what happens once a worker is already exposed,” Poydock told me. “It does not prevent workers from becoming sick from heat or having heat stroke or dying from heat.”

The Chamber’s objection is that the current proposal is a “one-size-fits-all approach” that fails to account for regional conditions.

“Businesses operating in consistently high-heat regions, such as Arizona, Florida, and Texas, where these temperatures are the norm,” would be disproportionately affected. “People in hotter climates tend to be more acclimatized to heat, including working in temperatures above 80° F, and thus have a lower risk of heat injury or illness.”

The labor leaders who once saw a glimmer of light in Chavez-DeRemer’s appointment have seen their hopes dashed. Until recently, one might have said that the jury was out on whether she would be a good Labor secretary or another MAGA cabinet member. Now, sadly, the jury’s verdict is in.