Keith Sonderling Faces Questions on Contractor Rules, Data Access, Veterans and Worker Safety at HELP Hearing

Keith Sonderling, President Trump’s nominee to be deputy secretary of labor, appeared before the Senate Health, Education, Labor, and Pensions Committee for a confirmation hearing in which senators pressed him on independent-contractor and joint-employer rules, Department of Labor staffing and layoffs, access to agency data by outside entities, discrimination enforcement and OFCCP authority, apprenticeships and workforce training, and workplace safety enforcement.

Sonderling described the deputy secretary’s role as chief operating officer of a department that manages about 17,000 employees and a roughly $14,000,000,000 budget and said that if confirmed he would review rules the department has issued and follow legal standards approved by courts. “You have my absolute commitment, not just with this rule, but every rule we do at the Department of Labor will be clear and understandable,” Sonderling told the committee when asked about independent-contractor standards.

On the joint-employer issue, Sonderling said he would review the withdrawn Biden administration rule and favored a standard tied to direct control that he said would be easier for workers and employers to understand. He told senators he supported applying established case law and not “legislating from the executive branch.”

Senators raised enforcement and civil-rights questions. Senator Murray pressed Sonderling about the Office of Federal Contract Compliance Programs and a reported rescission of a 1965 executive order the witness had said removed OFCCP’s jurisdictional basis; Sonderling responded that he believed no U.S. worker had lost civil protections as a result, while saying the department would continue to enforce applicable civil-rights laws and other federal statutes retained after any rescission.

Several senators questioned Sonderling about recent personnel moves and layoffs at the Department of Labor, including whether veterans and probationary employees were disproportionately affected. He said he did not have specific layoff numbers in hand as a senior adviser but pledged that if confirmed he would ensure HR and career staff follow applicable law.

Multiple senators asked about access to Department of Labor systems by outside entities and a pending lawsuit. Sonderling repeatedly deferred to the Department of Justice, which he said represents the department in litigation about outside access to DOL systems, and said his knowledge of the issue was limited to public filings. When asked whether any access had already occurred, he said he would refer to court documents and public filings.

Workers’ safety and enforcement also came up. Senator Edward J. Markey pressed Sonderling on OSHA enforcement resources and worker safety; Sonderling said he would review law-enforcement agencies across the department to ensure they have the investigative capacity needed and that, if confirmed, he would work to ensure agencies have required resources.

Witness commitments and follow-ups: Sonderling offered several commitments to work with senators on legislative and technical matters (including apprenticeships and workforce training) and to rely on career attorneys and HR professionals for compliance with statutes and collective-bargaining agreements. On some contested issues — DOJ litigation, the precise number of layoffs and veterans affected, and the internal decisions that produced a recent staff guidance memo — he said he lacked specific operational knowledge but promised to follow up.

The hearing included requests for written follow-up on specific subjects including child labor enforcement, the status of OSHA investigations, veterans’ employment impacts, and the details of outside access to DOL systems.