Not too unexpectedly, the Trump Administration is bringing in Wage and Hour administrators that have a pro-business management background. While it is pretty well known that Andrew Rogers is nominated to head the U.S. DOL Wage and Hour Division and is awaiting Senate confirmation, other positions at the Wage and Hour Division are being filled by appointment.

Law 360 reports that many of them come from law firms and employers with experience in areas of wage and hour and employment law that are and have been hotbeds of enforcement and policy activity.

Last month the Acting Wage and Hour Administrator Donald Harrison addressed Independent Contractor (IC) status by loosening up previous IC guidance implemented by the Biden Administration. The Acting Wage and Hour Administrator announced that it would use FLSA Opinion Letter issued during the previous Trump Administration and also advised that its regional administrators, district directors, WHD staff, and employers should reference a July 2008 Fact Sheet for explanation about how to properly determine independent contractor status.

As discussed at last week’s Conversations with Mike and Tony, it is estimated there are over  64 million independent contractors in the United States. Federal and State governments have been trying to change law, policy, and regulation around what an independent contractor is. The stakes being the loss of millions of “gig” and other jobs these workers chose in order to be self-employed and from a tax perspective the governments assertion that IC’s do not pay taxes to the full extent employees/employers do.

The new Trump appointees come from various management side law firms and employers. The current Acting Wage and Hour Administrator actually worked for the State of Alabama where he was General Counsel and Deputy Secretary of that state’s Department of Workforce. Alabama is one of the least regulated states in the nation from an employment law and regulations standpoint. Before that, Mr. Harrison was an attorney with a management- side law firm that specialized in Fair Labor Standards Act actions.

Also being appointed to the Wage and Hour Division is W. Glenn Viers as a policy advisor. Mr. Viers was Vice President and General Counsel for the Hillstone Restaurant Group. He too was also an attorney at a management-side law firm. His experience in the restaurant industry is viewed as important because of the amount of wage and hour enforcement activity the industry regularly faces and his experience defending against it.

Law 360 reports that Garret Buttrey is being brought in from the GOP side of the U.S. Senate Committee on Health, Education, Labor, and Pensions where he was Chief Counsel. There, among other things, he worked on the issue of independent contractor status giving a view into what the U.S. Wage and Hour Division will be focusing on.

Caroline Brown is being brought in as a Wage and Hour Senior Policy Advisor. She was an attorney with the management-side law firm Fisher Phillips. She has experience with migrant worker visa rules.

Ms. Dana Deason from J.B Hunt Transport Services will serve as a policy advisor. Her background includes defending employers against pay and misclassification violations. Her background in the transportation industry, where there is a motor carrier exemption, addresses complex FLSA situations in that industry.

A previous Wage and Hour Division Administrator under the Bush Administration, Mr. Paul DeCamp of management-side law firm Epstein Becker, stated in the Law 360 article, “These management-side employees will bring a more realistic look at how decisions get made in a business setting and for example, will not just reflexively presume that every violation is intentional or willful.”

Sources:

Law360 Employment Authority. DOL Wage Policy Team Brings Biz-Friendly Experience. (5/30/2025).

CCH HR Answers Now.  HR Compliance Library weekly update (6/2/2025)