Update: Hilda Solis confirmed by Senate as Secretary of Labor on Feb. 24, 2009

President-elect Barack Obama has nominated Congresswoman Hilda Solis from California as Secretary of Labor. She has served in the House of Representatives for eight years. Before that, she was a member of the California legislature for 18 years. Let’s string together what we know about Rep. Solis so far.

She’s the daughter of immigrant parents, her father from Mexico and her mother from Nicaragua. Her father was a shop steward for the Teamsters, and her mother was a member of the United Rubber Workers. When she was introduced by Obama, she reflected her roots by saying, “I am humbled and honored. I will work to strengthen our unions.” Not surprisingly, unions are singing her praises. Business groups are somewhat skeptical.

When Solis was in the California legislature, she sponsored bills supporting workers’ rights a mile long. She was the first Latino woman to be elected to the California State Senate, where she led the campaign to increase California’s minimum wage from $4.25 to $5.75. She marched with union leaders and members in support of higher wages and benefits for janitors. She’s also known for her environmental activism, pushing the so-called “green job movement.” She won passage of an environmental justice bill designed to end the disproportionate impact of polluting industries on minority and low-income communities, an effort that led to her receipt of a John F. Kennedy Profile in Courage award.

Solis was elected to Congress in 2000, representing a heavily working-class district in Los Angeles. She’s regarded as significantly pro-union, a fact that’s not surprising, given Obama’s strong support from organized labor during the recent presidential campaign and his own historical support of unions. She has an almost 100% pro-union voting record. She has received almost $1million in union campaign contributions while she’s been a member of Congress.

Solis isn’t a well-known member of the House, but she has been considered a rising Hispanic star, having a close relationship with Speaker Nancy Pelosi. As a member of Congress, Solis has been known as a strong advocate for environmental, women’s, and workers’ rights. In 2007, she inserted a $125 million green-collar job training program into the energy bill that Congress passed. She’s the only member of Congress on the board of the staunchly pro-labor group, American Rights at Work. She recently opposed the Bush Administration’s decision to change the H-2A guest worker program, describing it as “just the latest example of how out of touch the president is with working families, especially with Latino families that make up a large portion of the farm workers in this country.”

She’s described by some as being “inflexible” and by others as being “a coalition-builder.” All agree that she’s “tenacious.” She also has White House experience, serving as a management analyst with the Office of Management and Budget in the Carter Administration.

If you didn’t already know, you’ve figured out by now that Solis is a strong supporter of the Employee Free Choice Act (EFCA), which, among other things, would make it easier for unions to organize by means of a card check process instead of a secret ballot election. In fact, she was a co-sponsor of the Act in the House just as President-elect Obama was in the Senate. It’s too early to know whether Solis and Obama will push for passage of the Act (in its present form) during the first 100 days of the Obama Administration. That’s a dangerous play, in my opinion, if they hope to get some version of the Act passed near-term.

Business groups oppose this Act probably more than any other proposed legislation. Republican lawmakers have promised to fight the Act (in its present form) to the death. The crippled economy bolsters the argument of business that the Employee Free Choice Act will deal a punishing blow to the ability of business to operate with flexibility in the middle of this economic crisis and keep its head above water. A bloody battle over this Act might not serve Obama well, as he will need bipartisan support to get an aggressive economic stimulus package passed quickly.

If the Obama Administration is going to be guided by pragmatism, as many pundits have suggested, the Employee Free Choice Act could be its first test. The Act can’t be abandoned. Not only would organized labor abandon Obama, the Act is something that Obama and now his Secretary of Labor nominee clearly support. Some sort of compromise legislation seems likely. Exactly what remains to be seen.

In any event, we’re about to see something different at the U.S. Department of Labor. It will be more activist, likely cracking down on employers that are suspected of violating the National Labor Relations Act (NLRA), the Fair Labor Standards Act (FLSA), the Occupational Safety and Health Act (OSH Act), and the Family and Medical Leave Act (FMLA). Employers can expect more investigations by the DOL, more fines and penalties — in other words, a more employee-friendly, union-friendly approach.

That’s not surprising either, and it’s probably not all bad. Despite a horrible economy, laws protecting employees deserve to be enforced. Employers should comply with them on a voluntary basis, because it’s in both the employer’s and the employee’s best interest.

In preparing to deal with the new DOL and Ms. Solis, you’ll serve yourself well if you take a hard look at how you’re doing business as far as your employees are concerned and get your house in order if you see that’s needed. Then if the DOL comes calling, invite them in, cooperate like a long lost friend, and be open to suggestions for changes. I’m not saying capitulate if you’re right. I am saying stonewall at your peril.

If Hilda Solis is confirmed, which is highly likely, employers are in for a new day. How big the new day is remains to be seen. It’s fine to support workers’ rights and to enforce laws on the books. But there’s another side to all this: regulating the way unions operate.

Some employee and union groups have argued that the Bush Administration put a fox in charge of the hen house with its Secretary of Labor, because the DOL was too pro-business and not concerned enough with employee rights. Now some business groups are arguing that Obama is putting a fox in charge of the hen house, because under Solis, the DOL will be too pro-union.

Before judgment is pronounced, Ms. Solis deserves a chance to show what she’s made of. To be a successful Secretary of Labor, she needs to be a person of good balance. She can say, “Union Yes,” but she must say a lot more than that. In order for the rights of workers to be worth something, the workers must be employed by strong businesses. That’s where the balance comes into play.

(To see sources for the above summary, click here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, and here.)