Keith Sonderling

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]

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,[9] overseeing 1,600 employees, 200 offices, and 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, including the Overtime Rule,[13] Regular Rate,[14] and Joint Employment.[15] Sonderling authored numerous Opinion Letters[16] and Field Assistance Bulletins[17] during his tenure as Acting Administrator.

Sonderling issued an Opinion Letter regarding the Department's first-ever legal analysis of the gig economy. Opinion Letter FLSA2019-6 addressing whether a service provider for a virtual marketplace company is an employee of the company or an independent contractor under the FLSA.[18] 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.[19]

Sonderling was also instrumental in developing the Payroll Audit Independent Determination (PAID) the Agency's first comprehensive self-audit program.[20] 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. During the programs evaluation period it recovered $4.1 million in wages to 7,429 workers.[21]

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.[22] 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.[23] Associations included the Associated General Contractors, National Restaurant Association, National Retail Federation, American Hotel and Lodging Association, and U.S. Chamber of Commerce.[24] On June 3, 2020, the United States Senate Health Education Labor and Pension Committee, by unanimous consent, favorably reported his nomination.[25]

On September 22, 2020, Sonderling was confirmed by the Senate 52–41.[26] He was sworn-in on September 30, 2020, and was also designated by President Trump to serve as Vice Chair of the commission.[27]

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.