Keith Sonderling

American lawyer (born 1982)
Keith Sonderling
Member of the Equal Employment Opportunity Commission
Incumbent
Assumed office
September 2020
PresidentJoe Biden
Donald Trump
Preceded byJenny R. Yang
Vice Chair of the Equal Employment Opportunity Commission
In office
September 2020 – January 2021
PresidentDonald Trump
Preceded byJenny R. Yang
Succeeded byJocelyn Samuels
Administrator of the Wage and Hour Division
Acting
Assumed office
2019
PresidentDonald Trump
Preceded byBryan L. Jarrett (acting)
Succeeded byCheryl Stanton
Deputy Administrator of the Wage and Hour Division
Deputy
Assumed office
2017
PresidentDonald Trump
Preceded byBryan L. Jarrett
Succeeded bySusan Boone
Personal details
Born (1982-11-25) November 25, 1982 (age 41)
New York, New York
SpouseFara Sonderling
EducationUniversity of Florida (BS)
Nova Southeastern University (JD)
Websitehttps://www.eeoc.gov/keith-e-sonderling-commissioner

Keith E. Sonderling is an American lawyer and government official. He currently serves as a Commissioner on the Equal Employment Opportunity Commission, previously serving as Vice Chair. He was confirmed by the Senate on September 22, 2020.[1] Prior to the EEOC, he served as the Acting and Deputy Administrator of the Wage and Hour Division of the United States Department of Labor.[2][3][4] Before joining the government in 2017, he practiced Labor and Employment Law at the Florida-based Gunster Law Firm in West Palm Beach, Florida.[5]

Career

Sonderling began his legal career at the Gunster Law Firm in West Palm Beach, Florida. At Gunster, he practiced Labor and Employment law throughout his tenure at the firm. Sonderling was elevated to Shareholder in 2015. In 2012, Florida Governor Rick Scott appointed Sonderling to serve as a Commissioner on the 4th District Court of Appeal Judicial Nominating Commission.[6] The Judicial Nominating Commission selects nominees to fill judicial vacancies within the Florida court system. In 2016, his fellow Commissioners elected him Chair.[7]

United States Department of Labor

In September 2017, Sonderling joined the United States Department of Labor's Wage and Hour Division.[8] In 2019, Sonderling served as the Acting Administrator of the Wage and Hour Division[9] responsible for overseeing, administering, and enforcing some of the Nation's most comprehensive Federal labor laws including: the Fair Labor Standards Act, the Family Medical Leave Act, and the labor provisions of the Immigration and Nationality Act.[10]

Keith Sonderling Department of Labor

As Deputy Administrator, Sonderling oversaw enforcement, outreach, regulatory work, strategic planning, performance management, communications, and stakeholder engagement. During his tenure, the Agency accomplished back-to-back record-breaking enforcement collections and educational outreach events.[11][12] Sonderling oversaw the development and publication of large-scale deregulatory rules, authored numerous Opinion Letters,[13] Field Assistance Bulletins, and All Agency Memorandums.[14]

While serving as Acting Administrator, Sonderling issued an Opinion Letter regarding the Department's first-ever legal analysis of the gig economy. Opinion Letter FLSA2019-6 addressed whether a service provider for a virtual marketplace company is an employee of the company or an independent contractor under the FLSA.[15] The letter responded to a request on behalf of a particular virtual marketplace company. It concluded that the workers who provide services to consumers through this specific company's virtual platform are independent contractors, not employees of the company.[16] Sonderling also issued proposed rules for marquee labor issues, such as updating the overtime threshold and joint employer standards under the FLSA.[17][18]

Sonderling was also instrumental in developing the Payroll Audit Independent Determination (PAID) the Agency's first comprehensive self-audit program.[19] PAID's primary objectives are to resolve claims expeditiously and without litigation, to improve employers’ compliance with overtime and minimum wage obligations, and to ensure that more employees receive the back wages they are owed. The program recovered $7 million in wages to 11,000 workers.[20]

United States Equal Employment Opportunity Commission (EEOC)

On July 3, 2019, President Donald J. Trump nominated Sonderling to be a member of the Equal Employment Opportunity Commission for a term expiring July 1, 2024.[21] In October 2019, a coalition of 19 business associations sent a letter to the United States Senate HELP Committee in support of Sonderling's nomination.[22] Associations included the Associated General Contractors, National Restaurant Association, National Retail Federation, American Hotel and Lodging Association, and U.S. Chamber of Commerce.[23] On June 3, 2020, the United States Senate Health Education Labor and Pension Committee, by unanimous consent, favorably reported his nomination.[24] On September 22, 2020, the Senate confirmed Sonderling by a 52–41 vote.[25] He was sworn in on September 30, 2020, and was also designated by the president to serve as vice chair of the commission.[26]

One of Commissioner Sonderling’s highest priorities is ensuring that AI-informed employment technologies are designed and deployed in ways that make the workplace more fair and inclusive. Commissioner Sonderling published numerous articles on the benefits and potential harms of using artificial intelligence-based technology in the workplace and speaks globally on these emerging issues.[27] [28][29] His approach to regulating technology and human resources has been featured in numerous international publications.[30] [31] [32] [33] Commissioner Sonderling has also focused his tenure on human capital management compliance, conducting proactive outreach to human resource leaders worldwide.[34]

In addition to his duties as Commissioner, Sonderling currently serves as a Professorial Lecturer in Law (Adjunct Professor) at the George Washington University Law School teaching Employment Discrimination.[35]

Education

Sonderling received a Bachelor of Science, magna cum laude, from the University of Florida and his Juris Doctor., magna cum laude, from Nova Southeastern University.

References

  1. ^ "Roll Call Vote No. 189". Retrieved 2020-09-23.
  2. ^ "DOL Names New Acting Wage and Hour Administrator". The National Law Review. Retrieved 2019-07-06.
  3. ^ Diaz, Jaclyn. "Labor Department's New Acting Wage and Hour Chief Named". news.bloomberglaw.com. Retrieved 2019-07-06.
  4. ^ "DOL's Wage And Hour Division Gets New Acting Head - Law360". www.law360.com. Retrieved 2019-07-06.
  5. ^ "Gunster attorney Keith Sonderling". Gunster. Retrieved 2019-07-06.
  6. ^ "Gunster's Keith Sonderling appointed to judicial nominating commission". Gunster. 12 October 2012. Retrieved 2020-09-26.
  7. ^ "Gunster Attorney Keith E. Sonderling Reappointed by Gov. Scott to Judicial Nominating Commission". Citybizlist. Retrieved 2020-09-26.
  8. ^ "Management Lawyer Joins DOL as First Wage-Hour Political Hire". news.bloomberglaw.com. Retrieved 2020-09-26.
  9. ^ "DOL Names New Acting Wage and Hour Administrator". The National Law Review. Retrieved 2020-09-26.
  10. ^ "About Us | U.S. Department of Labor". www.dol.gov. Retrieved 2020-09-26.
  11. ^ "U.S. Department of Labor Delivers Record $322 Million in Recovered Wages For Workers in Fiscal Year 2019 | U.S. Department of Labor". www.dol.gov. Retrieved 2020-09-26.
  12. ^ "U.S. Department of Labor Announces Record $304 Million in Recovered Wages for Workers in Fiscal Year 2018 | U.S. Department of Labor". www.dol.gov. Retrieved 2020-09-26.
  13. ^ "Final Rulings and Opinion Letters | U.S. Department of Labor". www.dol.gov. Retrieved 2020-09-26.
  14. ^ "Field Assistance Bulletins | U.S. Department of Labor". www.dol.gov. Retrieved 2020-09-26.
  15. ^ "U.S. Department of Labor Issues New Wage and Hour Opinion Letter, Concludes Service Providers for a Virtual Marketplace Company Are Independent Contractors | U.S. Department of Labor". www.dol.gov. Retrieved 2020-09-26.
  16. ^ Scheiber, Noam (2019-04-29). "Labor Dept. Says Workers at a Gig Company Are Contractors". The New York Times. ISSN 0362-4331. Retrieved 2020-09-26.
  17. ^ "U.S. Department of Labor Releases Overtime Update Proposal | U.S. Department of Labor". www.dol.gov. Retrieved 2023-01-24.
  18. ^ "U.S. Department of Labor Issues Proposal for Joint Employer Regulation | U.S. Department of Labor". www.dol.gov. Retrieved 2023-01-24.
  19. ^ "PAID | U.S. Department of Labor". www.dol.gov. Retrieved 2020-09-26.
  20. ^ "DOL Announces Results of the Payroll Audit Determination Program (PAID)". JD Supra. Retrieved 2020-09-26.
  21. ^ "President Donald J. Trump Announces Intent to Nominate Personnel to Key Administration Posts". whitehouse.gov. Retrieved 2020-09-26 – via National Archives.
  22. ^ "Business Groups Urge Confirmation of GOP Commissioner for EEOC". news.bloomberglaw.com. Retrieved 2020-09-26.
  23. ^ "Small Business & Entrepreneurship Council". 21 October 2019. Retrieved 2020-09-26.
  24. ^ "Nominations | The U.S. Senate Committee on Health, Education, Labor & Pensions". www.help.senate.gov. Retrieved 2020-09-26.
  25. ^ "On the Nomination (Confirmation: Keith E. Sonderling, of Florida, to be a Member of the Equal Employment Opportunity Commission)". www.senate.gov. Retrieved 2020-09-26.
  26. ^ "Keith E. Sonderling Sworn in as EEOC Commissioner and Vice Chair | U.S. Equal Employment Opportunity Commission". www.eeoc.gov. Retrieved 2020-10-07.
  27. ^ Sonderling, Keith E. (20 September 2021). "Op-ed: Artificial intelligence is changing how HR is handled at companies. But do robots care about your civil rights?". chicagotribune.com. Retrieved 2021-10-14.
  28. ^ "Is artificial intelligence ready for the great rehiring?". World Economic Forum. 29 July 2021. Retrieved 2021-10-14.
  29. ^ Sonderling, Keith; Kelley, Bradford; Casimir, Lance (2022-11-08). "The Promise and The Peril: Artificial Intelligence and Employment Discrimination". University of Miami Law Review. 77 (1): 1.
  30. ^ "The Workplace Report: 'The Robot Did It' Isn't a Valid Defense, EEOC Commissioner Says". theworkplacereport.cmail20.com. Retrieved 2023-01-24.
  31. ^ "Artificial Intelligence Bias Needs EEOC Oversight, Official Says". news.bloomberglaw.com. Retrieved 2021-10-14.
  32. ^ "AI Hiring Tools Could Draw Increased EEOC Scrutiny - Law360". www.law360.com. Retrieved 2021-10-14.
  33. ^ Olander, Olivia (2023-12-26). "EEOC Commissioner Keith Sonderling unpacks AI's impact on hiring". POLITICO. Retrieved 2024-01-08.
  34. ^ "Keith Sonderling: When it comes to AI, liability will rest with employers". International Employment Lawyer. Retrieved 2024-01-08.
  35. ^ "Keith E. Sonderling". www.law.gwu.edu. Retrieved 2023-01-24.