Kirkland Partner, Trump Pick for Top Labor Lawyer, Calls Arbitration Reach 'Problematic'
Kirkland & Ellis partner Kate O'Scannlain, facing questions about workplace sexual harassment at her confirmation hearing Wednesday for a U.S. Labor Department post, vowed to study how the broad use of arbitration clauses in employee contracts can unfairly silence victims.
November 15, 2017 at 06:44 PM
4 minute read
Kirkland & Ellis partner Kate O'Scannlain, facing questions about workplace sexual harassment at her confirmation hearing Wednesday for a U.S. Labor Department post, vowed to study how the broad use of arbitration clauses in employee contracts can unfairly silence victims.
O'Scannlain, the Trump administration's pick for Labor Department solicitor, the top lawyer at the agency, told members of a U.S. Senate committee: “There is no place for sexual harassment. It is a prevalent issue.”
O'Scannlain was asked about the heightened attention to sexual harassment and whether restrictions on arbitration agreements—which can shield abusers from public scrutiny and prohibit victims from exposing alleged misconduct—could help reduce instances of workplace misconduct.
“I'm not going to commit to policy out of deference to secretary, but I believe it's problematic and the issue needs to be studied,” O'Scannlain said, responding to Sen. Al Franken, D-Minnesota, on the Senate Health, Education, Labor & Pensions committee.
Franken pointed to the case of Gretchen Carlson, the former Fox News anchor who said an arbitration clause she signed with her former employer silenced women who also faced alleged harassment.
O'Scannlain, a Kirkland & Ellis litigation partner since 2011, faced myriad questions at her confirmation hearing. As solicitor, she would oversee more than 500 lawyers and set litigation priorities. The solicitor serves as “the legal enforcement and support arm” of the agency.
One big-ticket, unresolved issue: the future of any rule to boost overtime eligibility.
Republicans and Democrats on the committee stressed the importance of the overtime regulation set by the Obama administration, albeit from different perspectives. The rule, set in 2016 and later challenged by business groups, doubled the threshold for workers in the U.S. eligible for time and a half pay. The Trump administration put the regulations on hold and told judges that the agency would review the rule.
Sen. Patty Murray, D- Washington, called for keeping the Obama-era regulation in place. “You will be responsible for created policies that protect workers' rights and keep families secure,” Murray told O'Scannlain. “I'm concerned that you will not stand up for workers, given the time you spent as a corporate lawyer representing multibillion dollar corporations.”
O'Scannlain identified several areas she wants to tackle, including the gig economy, artificial intelligence, an increase in women in the workplace, harassment and a decline in labor.
At the Labor Department, O'Scannlain would be a central player in the Trump administration's entanglement over immigration, promotion of the American workforce and effort to reduce what White House officials call the “regulatory burden” imposed on small businesses and manufacturers.
The Labor Department, moving to stall the implementation of Obama-era rules to minimize conflicts of interest in the retirement-savings industry, must still grapple with several pending court cases that challenged the regulations. The agency in June rescinded Obama's standard for the determination of when companies are considered “joint employers” under the Fair Labor Standards Act.
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllA Look Back at High-Profile Hires in Big Law From Federal Government
4 minute read'Appropriate Relief'?: Google Offers Remedy Concessions in DOJ Antitrust Fight
4 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250