CLDA FALL 2023 Magazine-final | Page 10

Jessica Loomen Confirmed as Administrator of the Department of Labor ’ s Wage and Hour Division
CLDA Meets With Office of Information and Regulatory Affairs on IC Issue
The Senate confirmed Jessica Loomen to be Administrator of the Department of Labor ’ s Wage and Hour Division by a vote of 51 to 46 . Senator Dan Sullivan ( R-AK ) joined all Democrats and Independents to support her nomination . Her nomination was reported out of the Senate Health , Education , Labor , and Pensions Committee on April 7 on a bipartisan vote of 12-9 , with Senator Lisa Murkowski ( R-AK ) supporting her confirmation . Looman is currently serving as the Principal Deputy Administrator of the Wage and Hour Division . Before working in the federal government , Looman served as an official in the Minnesota state government , as head of the Building and Construction Trades Council , Commissioner of the Department of Commerce , and the Minnesota Department of Labor . Before her government service , Looman was an official in the Laborers International Union of North America ( LIUNA ).
CLDA met with the Office of Information and Regulatory Affairs ( OIRA ) at the Office of Management and Budget ( OMB ). This is the federal government agency charged with reviewing drafts of all proposed and final rules from all federal agencies .
CLDA President Jason Burns did an outstanding job during the meeting with OIRA . Jason started with his personal journey , talking about how his dad founded the company and grew it initially with W2 employees . However , he eventually pivoted to an independent contractor ( IC ) model to better meet their customers ’ needs and maintain 24 / 7 operations . Jason also pointed out the unrealistic provision in the proposed rule that states that ICs must match the investments of the companies they are doing business with . He pointed out that ICs would not have access to that much capital .
Congresswoman Elise Stefanik ( R-NY ) Introduces Act to Clarify IC Clarification
Congresswoman Elise Stefanik ( R-NY ) introduced the Modern Worker Empowerment Act ( H . R . 5513 ) to update the Fair Labor Standards Act and the National Labor Relations Act to clarify the classification of independent contractors . Congresswoman Stefanik joined Congressman Kevin Kiley ( R-CA ) and Congresswoman Michelle Steel ( R-CA ) in introducing this legislation . The bill defines independent contractors as individuals who can have significant control over their work and whether the individual has opportunities and risks associated with entrepreneurship . Senator Kevin Cramer ( R-ND ) introduced companion legislation in the Senate on October 12 ,
CLDA created a white paper on the estimated impact of the proposed rule on CLDA member companies and their need to invest in new fleets of vehicles if it goes into effect without changes . Currently , ICs provide their own vehicles utilized in deliveries .
The staff from OIRA thanked Burns for his presentation and said they appreciated the opportunity to hear about his experiences in the industry .
Mark McSweeney , Executive Director of the CLDA , provided more color on the association and our member companies and the roles they play .
Rich Meade , from CLDA ’ s government relations firm Prime Policy Group , explained that it is false to
10 customized logistics & delivery Magazine I fall 2023