In a deft and professional performance, Secretary of Labor designee Alex Acosta indicated that if confirmed, he would give thoughtful review to the various challenges facing Department of Labor (DOL). Specifically, Acosta indicated that he was open to examining, the overtime regulation, Wage and Hour’s view on joint employer, job training, and a return to DOL opinion letters.

Acosta faced questions from both sides of the aisle on his position regarding the enjoined overtime regulations. He expressed his wish to examine both the exemption threshold and duties test, acknowledging that the current threshold is behind the times, but expressed concern with the extreme impact of the enjoined regulations.

Acosta also voiced strong support for the traditional definition of the joint-employer relationship, contrary to the position taken by the Obama Administration. In response to bi-partisan concerns about the future of job training and Job Corps. programs, Acosta voiced intent to evaluate job-training programs with a specific emphasis on fostering successful programs at the local level. Acosta clearly stated support for the Department to return to issuing Opinion Letters, as opposed to the often amorphous Interpretations issued by Obama’s DOL. When asked about the way OFCCP has been using statistics in compliance evaluations, Acosta simply recognized the validity of disparate impact analysis in discrimination cases.

Generally, with respect to the reorganization of the Department and the reexamination of regulations, as instructed by recent Executive Orders, Acosta made clear that he would be responsive to the directions from his boss, the President.