The confirmation hearing for Andrew Puzder, President Trump's nominee for Secretary of Labor, is supposed to take place tomorrow. While we wait to see what happens, I thought it might be fun to open a comment thread so we can opine about the issues that have been raised against him. Do you think they're legitimate? Do you think he's a good choice for Secretary of Labor, or a bad choice? Please weigh in. I'll get things started:
No. 1: As most people know, Mr. Puzder is CEO of CKE Restaurants, Inc., which is the franchisor for Hardee's and Carl's Jr. fast food restaurants. Do you think the U.S. Secretary of Labor should come from an industry that he will be regulating?
ROBIN'S TWO CENTS: Generally, this doesn't bother me. I don't have a problem with someone with a business background serving as Secretary of Labor. I do think that he should recuse himself from any matters related to CKE companies, though. My understanding is that the plan that was approved by the Office of Government Ethics does not say he has to recuse himself from these matters, but Mr. Puzder has indicated that he might do so voluntarily. I think he should.
No. 2: Mr. Puzder's ex-wife, Lisa Fierstein, went on Oprah in 1990, wearing a wig and sunglasses, and said that Mr. Puzder physically abused her during their marriage. Not long afterward, they reached an agreement that included child custody provisions, and Ms. Fierstein recanted her allegations. Since Mr. Puzder's nomination, she has submitted a letter to Congress recanting (again) and saying that she regrets having appeared on Oprah's show. However, many Democrats (and maybe a few Republicans) believe that these allegations of spousal abuse should disqualify Mr. Puzder. Do you agree?
ROBIN'S TWO CENTS: I don't see how this can be used to disqualify Mr. Puzder. It's possible that Ms. Fierstein made false allegations in an attempt to get a more favorable divorce settlement. It's also possible that she told the truth in 1990, and that she backed down to get a better settlement, retain custody of her children, or both. We will probably never know what really happened, but because she has recanted twice now - including before Congress - essentially saying that she lied on Oprah, I think we have to give Mr. Puzder the benefit of the doubt.
No. 3: Carl's Jr. has commercials featuring scantily-clad women eating Carl's Jr. burgers in very sexually suggestive ways. Here is one of the "cleaner" ones:
https://www.youtube.com/watch?v=EvEnVY99DUE
(Posted for educational purposes only!) Does this make Mr. Puzder unqualified to be the ultimate authority (short of President Trump) over an agency like the Office of Federal Contract Compliance Programs, which enforces sex discrimination/harassment laws as they apply to federal contractors?
ROBIN'S TWO CENTS: Probably not, even though this type of commercial is not my cup of tea. (DISCLAIMER: I do not live in a part of the country that has Carl's Jr. restaurants, and I don't watch a lot of TV anyway, so I have seen these commercials only a few times on the internet. Maybe they would bug me more if I had to watch them all the time. I do think the burgers look exquisite, so that might be causing me to lean in Mr. Puzder's direction.)
No. 4: Mr. Puzder reportedly had a household worker who was undocumented. After his nomination, he learned that she was undocumented, and he terminated her employment, paid all back taxes due, and is working to help her gain legal status in the United States. Does this disqualify Mr. Puzder?
ROBIN'S TWO CENTS: Ehhhh . . . not cool, but these things happen. I don't know how carefully individuals "vet" individual household workers whom they employ. Maybe they should do more. Because it was (a) only one (b) household employee, I'm not sure it's truly "disqualifying." I realize that nominees and potential nominees have been disqualified for this type of thing in the past, but that always seemed a little harsh to me, too.
No. 5: What about all these lawsuits filed recently against Carl's Jr. and Hardee's restaurants? Isn't that a concern?
ROBIN'S TWO CENTS: Not really. First, I think it's possible that a lot of the lawsuits and charges are politically motivated, and were filed in an attempt to taint Mr. Puzder. Second, the employers in these cases are the franchisees, not CKE, Inc. If discrimination/wage-hour violations/etc. are going on, then that is the legal responsibility of the franchisees. (Courts may or may not agree with me on that point.)
All right - you have my two cents. Now give us yours. Weigh in today, and tune in for the confirmation hearing tomorrow!
Still image of Andrew Puzder from flickr, Creative Commons license, by Gage Skidmore.
- Partner
Robin has more than 30 years' experience counseling employers and representing them before government agencies and in employment litigation involving Title VII and the Age Discrimination in Employment Act, the Americans with ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
Continue Reading
Subscribe
Contributors
- William A. "Zan" Blue, Jr.
- Obasi Bryant
- Kenneth P. Carlson, Jr.
- James M. Coleman
- Cara Yates Crotty
- Lara C. de Leon
- Christopher R. Deubert
- Joyce M. Dos Santos
- Colin Finnegan
- Steven B. Katz
- Ellen C. Kearns
- F. Damon Kitchen
- David C. Kurtz
- Angelique Groza Lyons
- John E. MacDonald
- Kelly McGrath
- Alyssa K. Peters
- Sarah M. Phaff
- David P. Phippen
- William K. Principe
- Sabrina M. Punia-Ly
- Angela L. Rapko
- Rachael Rustmann
- Paul Ryan
- Piyumi M. Samaratunga
- Robin E. Shea
- Kristine Marie Sims
- David L. Smith
- Jill S. Stricklin
- Jack R. Wallace
Archives
- December 2024
- November 2024
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010