Current Position: Solicitor, Labor Department (since February 2010)
Credit: New York State
Department of Labor
Why She Matters
As New York Labor commissioner and during the time she spent in the Labor Bureau of that state’s Attorney General Office, “Tricia” Smith cracked the whip on the mistreatment of workers and uncovered millions of dollars in unpaid wages. The day after her investigation of an employer led to a record $2.3 million in compensation to workers, President Obama nominated Smith as the solicitor of the Labor Department.
The solicitor role requires Senate confirmation and is the third-ranked post in the department; the solicitor also serves as general counsel to the secretary. Smith will be responsible for overseeing litigation, assisting with policy development and coordinating with Labor's Wage and Hour Division. Having spent over 30 years tackling labor issues in New York state, Smith's past record indicates that she will align herself with Labor Secretary Hilda L. Solis and Obama in their plans to enhance workers’ rights.
Smith's confirmation was delayed for nearly a year after after Senate Health, Education and Labor Committee ranking Republican Sen. Michael B. Enzi (Wyo.) put a hold on Smith's nomination because of concerns about alleged inaccuracies in her confirmation testimony regarding a New York City pilot program. Smith was finally confirmed in February 2010.
At a Glance
Current Position: Solicitor, Labor Department (since February 2010)
Career History: New York State Commissioner of Labor (since 2007); Chief, Labor Bureau, Office of the New York State Attorney General (1999-2006); Deputy Bureau Chief/Wage Section Chief, Labor Bureau, Office of the New York State Attorney General (1987-1999)
Birthday: N/A
Hometown: N/A
Alma Mater: B.A.-Trinity Washington University (1974), J.D.-New York University School of Law (1977)
Spouse: N/A
Religion: N/A
DC Office: U.S. Department of Labor
Frances Perkins Building, 200 Constitution Ave., NW
Washington, DC 20210
1-866-487-2365
Email
Website
Path to Power
Smith majored in political science at Trinity College in Washington, D.C., graduating with honors. She earned her J.D. cum laude from New York University Law School in 1977 and jumped into life as an attorney for Connecticut Legal Services for the next two years. Starting in 1979, Smith served as litigation director for the Legal Services Organization of Indiana. Both of these jobs were part of federally-funded programs in which she represented low-income people, mostly in cases involving job training and employment.
New York Labor Department
Smith returned to New York in 1987, entering the New York Attorney General’s Office in the state Labor Department. There, Smith filled the roles of wage section chief and deputy bureau chief, immersing herself in work at the office where she would remain for around 20 years, ultimately advancing to the bureau’s chief post in 1999. That year, Eliot Spitzer (D) became the state’s attorney general, and when he was elected governor in 2006, Smith was promoted to New York labor commissioner. She took on the job in 2007 and has remained the state’s highest labor official since then—through the short, ill-fated governorship of Spitzer and then serving under Gov. David Paterson (D).
Labor Commissioner
As the top labor official in New York, Smith oversaw 3,700 employees in 80 offices across the state with an annual budget of $4 billion and advised Gov.Paterson on labor issues.
Once appointed commissioner, Smith continued the aggressive labor investigation efforts she made during her years in the Attorney General’s Office. Serving at the helm of the Misclassified Workers Task Force—which partnered with other state agencies to unveil misclassified employees—she identified more than $157 million in unreported pay to over 12,000 workers.
In May 2007, Smith announced the creation of a Bureau of Immigrant Workers' Rights. Foreign-born employees comprise about half the workforce of New York City, and about a quarter of workers statewide. Considering the findings from her time in the state’s Attorney General Office and a general lack of knowledge about workers’ rights among immigrants, Smith formed the bureau to cater directly to immigrant welfare and coordinate bilingual investigations.
New York Wage Watch Program
The following year, New York Labor Department research found more violations involving foreign-born employees and began working with immigrant advocacy groups. In January 2009, Smith unveiled the New York Wage Watch program, modeled after neighborhood watches but geared towards oversight of labor practices. The program began by collaborating with local organizations that serve mostly immigrant employees and targets employers who fail to pay adequate compensation for work and overtime.
“We are enforcing the law as creatively and aggressively as we can, but the government cannot do it alone. We need concerned members of the public to help raise awareness about wage theft, to educate workers and employers about the law, and to help serve as a bridge between our agency and workers who might be unlikely to come to us on their own,” Smith said when the plan was announced.
Since its inception, the program has been able to trace worker mistreatment by offering to protect the identities of workers who report abuse, since such employees have often lost their jobs for coming forward in the past. Smith has cited immigrant education as key to successfully combating mistreatment of these workers, and Wage Watch has taken this on as part of its agenda.
In Her Own Words
“We are enforcing the law as creatively and aggressively as we can, but the government cannot do it alone. We need concerned members of the public to help raise awareness about wage theft, to educate workers and employers about the law, and to help serve as a bridge between our agency and workers who might be unlikely to come to us on their own,” Smith said when she announced the New York Wage Watch program.
The Issues
Smith’s recognition as an ally of labor unions is likely to set the tone for her work as solicitor.
Smith’s connection to labor unions has precipitated some criticism from employers and lobbyists who find her tough implementation of labor law in New York a blockade to feasible hiring practices. When Smith ordered charter schools to abide by the law of prevailing wages in the fall of 2007—a call which can add around 30 percent to the cost of construction projects—charter advocates complained that Smith’s labor initiative was translating into education policy. The law firm of Chambliss, Bahner & Stophel, which covers business and labor cases, reported on its web site that “Ms. Smith’s anticipated confirmation will not be good news for employers.”
‘Prevailing Wage’ Advocate
During her time in the New York Attorney General’s Office, Smith oversaw labor litigation and made particular strides in enacting policies for the welfare of low-income and immigrant workers.
As deputy bureau chief, Smith successfully argued two Employment Retirement Income Security Act cases before the U.S. Supreme Court in 1996 and 1997, protecting employee benefits plans.
She is perhaps best known for leading a crusade against labor violations while working under New York Gov. Spitzer and later as labor commissioner. Launching investigations that implicated contractors, restaurant owners and myriad other employers for mistreating workers across the state, she made a name for herself—and for Spitzer—as an enforcer.
Emerging early among her priorities was upholding the Davis Beacon Act, a federal rule requiring that workers on public construction projects must be paid according to a “prevailing wage” determined by labor union rates rather than the state’s minimum wage.
Immigrant Workers’ Rights
Smith’s record emphasizes protecting the rights of foreign-born workers, who tend to be less informed and proactive about their rights as employees. Having tackled this problem for around 30 years at the state level, she might seek to bring up the issue on a national scale.
Her investigations at the New York Attorney General’s Office often revealed unfair treatment of immigrants, and her work drew criticism from some New Yorkers who argued that the Labor Bureau should not be devoting its efforts to assisting non-citizens.
After one such settlement in 2002, Smith defended her scrutiny of immigrant labor, saying ''Under the law, they have the same rights as everyone else. The only way to protect law-abiding contractors is to go after contractors who are not obeying the law.''
The Network
Smith will serve as general counsel to Secretary
Solis, who, like Smith, is supported strongly by labor advocacy groups. As the third ranking official in the Labor Department, she would also likely work closely with Deputy Secretary
Seth Harris.
