In today’s news and commentary, Department of Labor reduces wage-and-hour enforcement at unionized workplaces, and Fain’s victory poses question of federal monitor’s extension.

On October 15, Labor Solicitor Jonathon Berry stated that the Department of Labor continues to de-prioritize enforcement actions at unionized workplaces. Solicitor Berry made these comments at New York University Law School’s annual Labor and Employment Law Conference, where he was joined by National Labor Relations Board Crystal Carey and Equal Employment Opportunity Commissioner Brittany Panuccio. This announcement re-iterates the Solicitor’s formal directive in April to DOL attorneys to step back from enforcing wage-and-hour, child-labor, and workplace-safety violations in workplaces that have unionized. Solicitor Berry, who wrote Project 2025’s chapter on labor, explains that this is because unions are better situated than the DOL to enforce violations of law. At NYU’s conference, he said that, without “credible evidence that the union is not fairly representing workers” or that “remedies for violating a CBA are insufficient in that particular case,” the DOL will leave addressing violations of the law to the unions.

The United Autoworkers sweeping re-election of President Shawn Fain, despite the federal monitor’s allegations of misconduct, raises the question of future oversight of the union, though does not settle it. Fain’s relationship with federal monitor Neil Barofsky worsened over Fain’s first term. In June of 2026, just before Fain’s re-election campaign, Barofsky alleged various misconduct against Fain, including that he retaliated against his Vice President Rich Boyer (who also ran against Fain). Fain responded that Barofsky acted out of a political disagreement with the UAW’s anti-war position on Gaza. This contentious relationship raises the question whether Barofksy will request an extension on his federal monitorship. Labor commentators have said that there are arguments on both sides. Michelle Kaminski, a labor professor at Michigan State University, observed that a consolidated Fain executive could give the monitor concern and make him want to remain. On the other hand, Joshua Murray, sociology professor at Vanderbilt University, pointed out that this consolidated Fain executive could also make Barofksy’s life harder, prompting him to not extend his monitorship. Extending a monitorship is relatively easy in the Eastern District of Michigan, which is the court that issued, and can extend, the original monitorship. Thus, the decision lies with Barofsky.