Linda McMahon was narrowly confirmed along party lines as President Trump’s secretary of education in a 51-to-45 Senate vote late Monday afternoon and sworn in shortly after at the Department of Education building.
All eyes are now on the White House as educators, policy experts and advocates anxiously wait to see if Trump will sign a controversial but highly anticipated executive order to abolish the very department McMahon has been confirmed to lead.
The president and his allies have promoted the idea of dismantling the 45-year-old agency since the early days of his campaign for a second term, saying the department has grown too big and interferes in matters best left to local and state authorities.
But the idea isn’t entirely new, nor would it be easy to implement. It would require legislative support, as the department’s existence is written into statute. Shuttering it would require a majority vote in both houses of Congress.
“We can expect there to be a bit of a panic when the order comes out,” Emmanual Guillory, senior director of government relations at the American Council on Education, told Inside Higher Ed.
It remains unclear to observers what mechanisms the Trump administration would use to close the department, however.
“This will all depend on what dismantling the department truly means,” Guillory said. “I believe that the executive order would be somewhat broad, like we’ve seen [in the case of the diversity, equity and inclusion orders], and it will give the department the opportunity to refine the details.”
Since the plans were leaked, Trump himself has publicly confirmed his intention to dismantle the department, although he did not disclose specific details on how he would do so.
Guillory believes that much like when Republicans have tried to get rid of the department in the past, they will lack the congressional votes needed to officially do so. But Trump could keep the skeleton of the department and move its core functions elsewhere, he said.
“Our thinking, because we’ve seen this before, is that likely a lot of the functionality of the department would get placed at other agencies, but we would be curious as to what functions would be terminated entirely,” he said. “That would cause the most concern for our members … Will those things simply be moved to another agency, or will some of those things not?”
There are certain functions that are protected by the Higher Education Act of 1965, Guillory said. “The department legally would not necessarily be able to just terminate student aid programs, for example.” But he still worries the transition of oversight from one department to another may not be seamless.
Shortly before the vote began on Monday, the Senate minority leader, Chuck Schumer of New York, made the Democrats’ stance on McMahon’s nomination clear.
“Before colleagues vote on Linda McMahon’s nomination for secretary of education, they should remember a vote for Mrs. McMahon is a vote for draconian cuts to education … That’s why I am so proud that every Democrat will vote no,” he said.
Other democratic lawmakers warned during floor comments on Thursday that McMahon’s confirmation, and the major department-level changes she’s backed, could risk the future of the department.
Senator Gary Peters of Michigan said the country needs a secretary of education “who values and respects public education.”
“Instead of working to protect funding,” he said, “she’s blatantly supported efforts to dismantle our education system.”
For more background on what senators have said about McMahon, check out Inside Higher Ed’s live blog from her confirmation hearing, or read the five key takeaways.
“They’re making it clear that this is just the beginning,” he said. “We could talk about Linda McMahon’s qualifications, or frankly lack thereof, but I’m not shocked, because President Trump isn’t looking for someone with the background or commitment to public education in America. He’s looking for someone to destroy it.”
Although no Republicans commented Thursday, they voted unanimously to confirm McMahon in Monday’s vote (Republican senators Shelley Moore Capito of West Virginia and Cynthia Lummis of Wyoming were not present for the vote. Two Democrats were also absent). The majority leader, Senator John Thune of South Dakota, spoke in support of McMahon before the final confirmation.
“Mrs. McMahon is an accomplished businesswoman and public servant,” he said. “I’m glad that Mrs. McMahon plans to work in a way that empowers those closest to the student, because they are in the best position to do what’s right for that student … I look forward to working with Mrs. McMahon to limit bureaucracy, empower state governments and let good teachers do what they’re best at.”
Top Agenda Items
Guillory expects McMahon to pick up accreditation policies as one of the first issues up for discussion.
He also is expecting the new secretary to prioritize rethinking and potentially amending the financial value transparency and gainful-employment rule, a policy initiated by the Biden administration to better hold higher ed institutions accountable for students’ outcomes. A lawsuit was filed against the regulation in 2023, but federal judgment has been put on pause to allow the new administration’s Education Department to determine its position on the policy.
It still remains unclear whether Trump will try to protect the gainful-employment rule or repeal it and drop the case, but Guillory has been encouraged by the line of communication between the department and higher ed leaders on the topic.
“They’ve been really good about listening to and hearing from our members directly on some of the issues that they’ve experienced while they were reporting [financial transparency data] and they are really trying to get feedback on how can we make this better,” he said.
Other topics of focus for McMahon will likely include expanded details on Trump’s enforcement of Title IX; his diversity, equity and inclusion orders; and the freeze of applications to income-driven repayment plans for student loans, Guillory said.
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WASHINGTON — U.S. education secretary nominee Linda McMahon told a Senate panel Thursday that, if confirmed, she would not defund public schools but would seek to reform the U.S. Department of Education by reducing federal bureaucracy and bringing schools back to the basics of reading and math.
“We are failing our students, our Department of Education, and what we are doing today is not working, and we need to change it,” McMahon said.
However, when asked about some specific changes she would make to Education Department programming, McMahon said, if confirmed, she would evaluate department functions before making recommendations. She said she would “reorient the department toward helping educators, not controlling them.”
The 2 ½-hour confirmation hearing, held by the Committee on Health, Education, Labor and Pensions, was briefly interrupted five times by people protesting McMahon’s nomination. The Republican-controlled Senate is expected to approve McMahon’s nomination in the coming days.
McMahon’s confirmation hearing comes amid drastic changes at the Education Department. President Donald Trump has already issued various executive orders that severely limit federal funding, prohibit activities related to diversity, equity and inclusion, and call for an end to “indoctrination” in K-12 schools, which he said includes “gender ideology and discriminatory equity ideology.”
Trump is also expected to issue an executive order that would significantly reduce the Education Department’s authority and responsibility in the federal government.
In fiscal year 2024, the Education Department received $79.1 billion from Congress. Lawmakers have yet to approve FY 2025 funding.
Among the Education Department’s responsibilities is managing $1.6 trillion in higher education student loans.
A protester disrupts Linda McMahon, President Donald Trump’s nominee to be U.S. education secretary, as she testifies during her Senate Health, Education, Labor and Pensions Committee confirmation hearing on Capitol Hill on Feb. 13, 2025, in Washington, D.C.
Kayla Bartkowski via Getty Images
Trump nominated McMahon just weeks after winning the November election. McMahon served as administrator of the Small Business Administration for two yearsin Trump’s first administration. She is also a former president and CEO of World Wrestling Entertainment.
McMahon is also board chair at America First Policy Institute, a nonprofit think tank that supports free enterprise and nationalism. At the state level, McMahon served on the Connecticut State Board of Education. She also served as a trustee at Sacred Heart University, a private Catholic school in Fairfield, Connecticut. She is currently the treasurer on the university’s Board of Trustees, according to the school’s website.
In 2012, she won the Connecticut Republican primary for U.S. Senate but lost to current Democratic Sen. Chris Murphy, who is a member of the HELP committee.
If the Senate approves McMahon’s nomination, she would succeed Miguel Cardona as the 13th U.S. education secretary since the department’s founding in 1979.
Here are three takeaway exchanges from the confirmation hearing.
Antisemitism on college campuses
Several Republican senators asked McMahon about antisemitism on college campuses.
“Will you make sure that Jewish Americans are safe on our campuses, for heaven’s sake?” asked Sen. Josh Hawley, R-Mo., referring to “a wave of antisemitism” particularly since the Oct. 7, 2023, Hamas attack on Israel. “Will you make sure that this stops on our college campuses that are getting all of this federal tax money?”
McMahon said she would “absolutely,” or schools would “face defunding of their monies.”
Several senators asked McMahon about the Education Department’s responsibility for the federal student loan program. Sen. Tim Kaine, D-Va., questioned McMahon’s commitment to existing public service loan forgiveness programs passed by Congress.
“Those that have been passed by Congress? Yes, that’s the law,” McMahon said.
Committee Chair Bill Cassidy, R-La., said McMahon’s experience overseeing the Small Business Administration “would be a great asset as the department looks to reform a very broken student loan program.”
During the hearing, McMahon also voiced support for more skill-based learning and dual enrollment in K-12. “I think we have to look at education and say our vocational and skill-based training is not a default education,” McMahon said.
Closing the Education Department
Several Democratic lawmakers probed McMahon about Trump’s push to eliminate the Education Department. On Wednesday, Trump referred to the department as a “big con job” and said he wanted the agency closed immediately.
“The president has given a very clear directive that he would like to look in totality at the Department of Education, and believes that the bureaucracy of it should be closed, that we should return education to our states, that the best education is that closest to the kids,” McMahon said.
She acknowledged that only Congress has the power to shut down the agency. And McMahon noted that programs established by federal statute would need to continue with or without an Education Department.
But she said she was open to exploring whether the Education Department’s civil rights investigation arm could move to the U.S. Department of Justice and whether IDEA responsibilities could shift to the U.S. Department of Health and Human Services.
When speaking of IDEA, McMahon said, “I’m not sure that it’s not better served in HHS, but I don’t know.” She said that if she’s confirmed, she would make it a high priority to ensure funds for students with disabilities are not impacted.
“It is incredibly important that those programs continue to be funded,” she said.
Sen. Maggie Hassan, D-N.H., said “To be clear here, you’re going to put special education in the hands of Robert F. Kennedy, Jr.,” referring to the newly named HHS secretary who has refused to say vaccines don’t cause autism.
Title IX protections
Sen. Tammy Baldwin, D-Wis., asked McMahon if she would support language in the regulation for Title IX — a federal sex discrimination law — that says schools must address sexual harassment that is either “severe or pervasive.” Currently, Title IX regulation says sexual harassment that is “severe and pervasive” is prohibited, which is a higher threshold for investigations.
“I don’t believe there should be any acceptance of sexual harassment, senator,” McMahon said.
Baldwin replied, “I hope that you will take your position and press for that to be the law.”
Baldwin also raised concerns about McMahon’s support for sexual assault victims, as the nominee is a defendant in a lawsuit filed by former World Wrestling Entertainment employees alleging sexual harassment and abuse.
“If confirmed, you will be responsible with overseeing the Department of Education Office of Civil Rights, charged with ensuring equal access to education through vigorous enforcement of civil rights laws,” Baldwin said. “I am so concerned about whether sexual assault survivors on campus can trust you to support them.”
McMahon replied, “They certainly can trust me to support them.”
Throughout the hearing, McMahon said the Education Department would protect students from discrimination and harassment. One example she gave was prohibiting schools from letting transgender girls and women play on women’s designated sport teams. She also said the Education Department would protect the rights of parents “to direct the moral education of their children.”
Hassan said the hearing felt like “elegant gaslighting” because of McMahon’s ambitions for the Education Department, which is being threatened with closure by President Trump.
“The whole hearing right now feels kind of surreal to me,” Hassan said.
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WASHINGTON — U.S. education secretary nominee Linda McMahon told a Senate panel Thursday that, if confirmed, she would not defund public schools but would seek to reform the U.S. Department of Education by reducing federal bureaucracy and bringing schools back to the basics of reading and math.
McMahon also said her priorities as education secretary would be to expand school choice and skills-based learning, give local schools and parents more decision-making power, and to protect students from discrimination and harassment.
“I’m very hopeful that we will get back to the basics of education so that our children can read when they leave 3rd grade, and that 8th grade students can do math and reading proficiently,” McMahon said. “We are failing our students, our Department of Education, and what we are doing today is not working, and we need to change it.”
However, when asked about some specific changes she would make to Education Department programming, McMahon said, if confirmed, she would evaluate department functions before making recommendations. She said she would “reorient the department toward helping educators, not controlling them.”
The 2 ½-hour confirmation hearing, held by the Committee on Health, Education, Labor and Pensions, was briefly interrupted five times by people protesting McMahon’s nomination. The Republican-controlled Senate is expected to approve McMahon’s nomination in the coming days.
McMahon’s confirmation hearing comes amid drastic changes at the Education Department. President Donald Trump has already issued various executive orders that severely limit federal funding, call for expansion of private school choice, prohibit activities related to diversity, equity and inclusion, and call for an end to “indoctrination” in K-12 schools, which he said includes “gender ideology and discriminatory equity ideology.”
Trump is also expected to issue an executive order that would significantly reduce the Education Department’s authority and responsibility in the federal government.
Federal education funding represents just about 14% of total K-12 spending in 2024, with the rest provided by local and state governments and other sources. Still, education experts say federal investments are important for supporting funding equity and accountability.
In fiscal year 2024, the Education Department received $79.1 billion from Congress. Lawmakers have yet to approve FY 2025 funding.
Among the Education Department’s responsibilities is managing $1.6 trillion in higher education student loans.
District and state K-12 programs also received $189.5 billion over the past five years in federal COVID-19 emergency funds to support pandemic recovery efforts.
A protester disrupts Linda McMahon, President Donald Trump’s nominee to be U.S. education secretary, as she testifies during her Senate Health, Education, Labor and Pensions Committee confirmation hearing on Capitol Hill on Feb. 13, 2025, in Washington, D.C.
Kayla Bartkowski via Getty Images
Trump nominated McMahon just weeks after winning the November election. McMahon served as administrator of the Small Business Administration for two yearsin Trump’s first administration. She is also a former president and CEO of World Wrestling Entertainment.
McMahon is also board chair at America First Policy Institute, a nonprofit think tank that supports free enterprise and nationalism. At the state level, McMahon served on the Connecticut State Board of Education. She also served as a trustee at Sacred Heart University, a private Catholic school in Fairfield, Connecticut. She is currently the treasurer on the university’s Board of Trustees, according to the school’s website.
In 2012, she won the Connecticut Republican primary for U.S. Senate but lost to current Democratic Sen. Chris Murphy, who is a member of the HELP committee.
If the Senate approves McMahon’s nomination, she would succeed Miguel Cardona as the 13th U.S. education secretary since the department’s founding in 1979.
Here are three takeaway exchanges from the confirmation hearing.
Closing the Education Department
Several Democratic lawmakers probed McMahon about Trump’s push to eliminate the Education Department. On Wednesday, Trump referred to the department as a “big con job” and said he wanted the agency closed immediately.
“The president has given a very clear directive that he would like to look in totality at the Department of Education, and believes that the bureaucracy of it should be closed, that we should return education to our states, that the best education is that closest to the kids,” McMahon said.
She acknowledged that only Congress has the power to shut down the agency. And McMahon noted that programs established by federal statute, such as Title I for low-income schools and services to students with disabilities under the Individuals with Disabilities Education Act, would need to continue with or without an Education Department.
But she said she was open to exploring whether the Education Department’s civil rights investigation arm could move to the U.S. Department of Justice and whether IDEA responsibilities could shift to the U.S. Department of Health and Human Services.
When speaking of IDEA, McMahon said, “I’m not sure that it’s not better served in HHS, but I don’t know.” She said that if she’s confirmed, she would make it a high priority to ensure funds for students with disabilities are not impacted.
“It is incredibly important that those programs continue to be funded,” she said.
Sen. Maggie Hassan, D-N.H., said “To be clear here, you’re going to put special education in the hands of Robert F. Kennedy, Jr.,” referring to the newly named HHS secretary who has refused to say vaccines don’t cause autism.
Sen. Lisa Murkowski, R-Alaska, asked McMahon about her support for public schools in areas where there are no other private or charter school options, like in small rural parts of Alaska accessible by only boats or planes.
“I absolutely do believe that our public schools are the bedrock of our education,” McMahon said. “I think we have to invest in our public education,” adding that public taxpayer funding can be used for other education supports, such as tutoring, in areas that don’t have school choice options.
Antisemitism on college campuses
Several Republican senators asked McMahon about antisemitism on college campuses.
“Will you make sure that Jewish Americans are safe on our campuses, for heaven’s sake?” asked Sen. Josh Hawley, R-Mo., referring to “a wave of antisemitism” particularly since the Oct. 7, 2023, Hamas attack on Israel. “Will you make sure that this stops on our college campuses that are getting all of this federal tax money?”
McMahon said she would “absolutely,” or schools would “face defunding of their monies.”
Several senators asked McMahon about the Education Department’s responsibility for the federal student loan program. Sen. Tim Kaine, D-Va., questioned McMahon’s commitment to existing public service loan forgiveness programs passed by Congress.
“Those that have been passed by Congress? Yes, that’s the law,” McMahon said.
Committee Chair Bill Cassidy, R-La., said McMahon’s experience overseeing the Small Business Administration “would be a great asset as the department looks to reform a very broken student loan program.”
During the hearing, McMahon also voiced support for more skill-based learning and dual enrollment in K-12. “I think we have to look at education and say our vocational and skill-based training is not a default education,” McMahon said.
Title IX protections
Sen. Tammy Baldwin, D-Wis., asked McMahon if she would support language in the regulation for Title IX — a federal sex discrimination law — that says schools must address sexual harassment that is either “severe or pervasive.” Currently, Title IX regulation says sexual harassment that is “severe and pervasive” is prohibited, which is a higher threshold for investigations.
“I don’t believe there should be any acceptance of sexual harassment, senator,” McMahon said.
Baldwin replied, “I hope that you will take your position and press for that to be the law.”
Baldwin also raised concerns about McMahon’s support for sexual assault victims, as the nominee is a defendant in a lawsuit filed by former World Wrestling Entertainment employees alleging sexual harassment and abuse.
“If confirmed, you will be responsible with overseeing the Department of Education Office of Civil Rights, charged with ensuring equal access to education through vigorous enforcement of civil rights laws,” Baldwin said. “I am so concerned about whether sexual assault survivors on campus can trust you to support them.”
McMahon replied, “They certainly can trust me to support them.”
Throughout the hearing, McMahon said the Education Department would protect students from discrimination and harassment. One example she gave was prohibiting schools from letting transgender girls and women play on women’s designated sport teams. She also said the Education Department would protect the rights of parents “to direct the moral education of their children.”
Hassan said the hearing felt like “very elegant gaslighting” because of McMahon’s ambitions for the Education Department, which is being threatened with closure by Trump.
“The whole hearing right now feels kind of surreal to me,” Hassan said.
President Trump’s pick to lead the Education Department, Linda McMahon, will appear today before a key Senate committee to kick off the confirmation process.
The hearing comes at a tumultuous time for the Education Department and higher education, and questions about the agency’s future will likely dominate the proceedings, which kick off at 10 a.m. The Inside Higher Ed team will have live updates throughout the morning and afternoon, so follow along.
McMahon has been through the wringer of a confirmation hearing before, as she was appointed to lead the Small Business Administration during Trump’s first term. But this time around the former wrestling CEO can expect tougher questions, particularly from Democrats, as the Trump administration has already taken a number of unprecedented, controversial and, at times, seemingly unconstitutional actions in just three short weeks.
Our live coverage of the hearing will kick off at 9:15 a.m. In the meantime, you can read more about McMahon, the latest at the department and what to expect below:
Linda McMahon, President Donald Trump’s nominee for education secretary, will appear before the Senate Health, Education, Labor and Pensions Committee next week—a key step in her confirmation process.
And though the former business mogul was originally expected to sail through the confirmation process, she’ll likely have to answer questions at the hearing next Thursday about recent upheavals in the Education Department and the president’s plan to get rid of the agency.
In the last week, news broke that the Trump administration put dozens of department employees on paid leave and is planning an executive order to shut down the department, setting off alarm bells across the higher ed sphere. At the same time, Trump’s attempts to freeze thousands of federal grants and push agency staff toward “deferred resignation” are caught up in court. Education advocacy groups say that halting the grants violates the constitutional principle of separation of powers and that cutting the number of unionized agency staff is not only illegal but also could hinder key operations like the federal student aid program.
But while many of Trump’s executive orders remain in limbo, department appointees who don’t require confirmation are quickly moving behind the scenes to carry out Trump’s education agenda. They’ve opened multiple civil rights investigations into colleges over antisemitism and transgender participation in women’s sports, announced changes to the federal aid application, and removed more than 200 DEI-related webpages from the department’s website.
Trump has yet to announce who will join McMahon and fill other key agency roles, such as under secretary and head of Federal Student Aid, nor has he formally named all the acting officials who will fill those roles in the meantime. The lack of transparency regarding who will lead the department and who is currently serving in temporary roles now has only heightened concerns among higher education officials, policy experts, lobbyists and advocacy groups. The lack of clarity makes it hard to decipher what Trump’s regulatory priorities will be and how colleges, universities, accreditors, students and others should prepare for the next four years. But many are hopeful that McMahon’s hearing will shed some light on the subject.
The secretary-designate, who is best known as the former CEO of World Wrestling Entertainment, has limited experience in education policy aside from serving for one year on the Connecticut State Board of Education and a long-running tenure on the Sacred Heart University Board of Trustees. And to this date, she has made little comment about her views on public education.
She does, however, have some experience working in Washington. McMahon served as director of the Small Business Administration during Trump’s first term. Then, in 2021, as the president reluctantly left office, she helped found the America First Policy Institute, a pro-Trump think tank.
Now, the billionaire is likely to lead the very department Trump has said he wants to see dismantled. The president told White House reporters Tuesday that he told McMahon, “I hope you do a great job and put yourself out of a job.
The Wall Street Journal and The Washington Post reported earlier this week that the new administration is preparing an executive order about the department’s future, though the specifics are still in the works.
Sources told the Journal that the order could “shut down all functions of the agency that aren’t written explicitly into statute or move certain functions to other departments,” but other sources familiar with talks about the order told Inside Higher Ed that the order could direct McMahon, once confirmed, to come up with a plan to break up the department entirely. (The second suggested order, and its resulting plan, would have to include legislative action from Capitol Hill, as the department’s existence is written into law.)
But for now, McMahon is awaiting confirmation and the department still exists. So who’s running the agency and carrying out its statutory duties?
So far, the White House has only formally announced an acting secretary, Denise Carter, who had previously served as acting head of the Federal Student Aid office. A news release from the department several days later listed 10 other appointees, ranging from chief of staff to deputy general counsel. On Thursday, the department shared the names of six more officials, including deputy under secretary and senior adviser of the communications office.
But the department’s announcements about appointees haven’t indicated who is temporarily filing some of the top jobs at the department, such as under secretary. Under federal law, the default acting official is the first assistant to the vacant position or the top deputy for that office, though the president can designate someone else who meets the criteria. Details about who is serving as those acting officials has instead come from other department statements.
For example, James Bergeron—president of the National Council of Higher Education Resources and a Republican former House policy adviser—was named deputy under secretary Thursday. But on Tuesday, the department identified him in a news release as acting under secretary. Before Tuesday’s release, Bergeron had not been listed as an appointee at all. Thursday’s announcement only referred to him as deputy under secretary, not acting.
In another instance, the department named Craig Trainor—who worked under Trump’s attorney general Pam Bondi as an AFPI senior litigation counsel—deputy assistant secretary for policy in the Office for Civil Rights. And then, in later news releases, the agency identified Trainor as the acting assistant secretary for civil rights.
Although the department has yet to announce an acting chief operating officer for FSA, a department official told Inside Higher Ed that Carter is wearing two hats and continuing to lead FSA while serving as acting secretary. Phillip Juengst, a longtime FSA official, they said, is also helping lead the agency.
The Education Department did not respond to Inside Higher Ed’s request for further detail about who is serving in what acting role and why it hasn’t formally been announced. Instead, they pointed reporters back to the news releases mentioned prior.
Most of the appointees so far are unfamiliar faces to D.C. area policy experts and former department staffers.
Bergeron, however, is an exception. He worked at the National Council of Higher Education Resources starting in 2014, advocating for higher education service agencies that work in the student loan space. Some debt-relief groups raised concerns about Bergeron’s appointment. But former department officials described Bergeron as a competent and more reasonable choice than some other Trump appointees. Before serving as president of NCHER, he worked as a staffer on the House Education and the Workforce Committee.
Emmanual Guillory, senior director of government relations at the American Council on Education, said the day after Trump took office that the initial lack of clarity about who was serving in what role didn’t concern him. He didn’t expect Carter or other acting appointees to carry out substantial policy actions before confirmed appointees took control. Guillory said Thursday that his comments haven’t changed, so he remains unconcerned two weeks later.
Over the past few weeks, President-elect Donald Trump has announced several nominations for leads at federal agencies. Of relevance to CUPA-HR members, Trump has nominated Rep. Lori Chavez-DeRemer (R-OR) to serve as secretary at the Department of Labor (DOL) and Linda McMahon to serve as the Department of Education (ED) secretary. The following analysis dives into how Chavez-DeRemer and McMahon may lead each agency’s regulatory action on a few of the most pressing policy issues.
DOL Secretary
FLSA
Chavez-DeRemer was nominated to serve as labor secretary on November 22. Chavez-DeRemer was viewed as a surprising pick for many in the labor and employment policy space given her Congressional record and support from labor unions. Her nomination raises questions about the direction in which DOL will go under the Trump administration with respect to certain policies and regulations, such as the overtime regulations under the Fair Labor Standards Act (FLSA), joint employer regulations, and independent contractor regulations.
As a reminder, the Biden administration’s overtime regulations were struck down in federal court on November 15. The ruling strikes down all components of the Biden administration’s rule, including the July 2024 and January 2025 salary thresholds and the triennial automatic updates. On November 26, however, the Biden administration filed a notice of appeal to the 5th U.S. Circuit Court of Appeals in hopes of reinstating the rule before their term ends.
Chavez-DeRemer has not publicly supported or opposed the Biden administration’s overtime rule, but labor unions have supported the rule through regulatory comments and public statements. Many anticipated that a second Trump administration’s DOL would stop defending the Biden rule in court if the Biden administration chose to appeal. Given organized labor’s support of Chavez-DeRemer, there is a chance that DOL under her authority would continue to defend the rule in court. However, it appears unlikely that the rule in its entirety would be defended, and it is more likely that DOL would attempt to defend the July salary threshold only. As a reminder, the salary threshold increase that took effect on July 1, 2024, used the Trump administration’s 2019 overtime rule methodology to determine the level, which could lead to a possible reasoning for defending the July salary threshold level.
Joint Employer and Independent Contractor Rules
Similar to the overtime regulations, the future of other labor and employment regulations relevant to higher ed HR appears uncertain in the face of Chavez-DeRemer’s nomination. Two DOL regulations — the joint employer and independent contractor rules — seem certain to swing back in favor of policies like those implemented under the first Trump administration, but Chavez-DeRemer’s inconsistent record in Congress on both issues makes it unclear how DOL under Trump will regulate them.
Notably, Chavez-DeRemer is one of three Republican cosponsors of the Protecting the Right to Organize Act, a Democrat-backed bill that would expand organized labor’s power over workers and employers. There are provisions in the PRO Act that a second Trump DOL is not anticipated to implement, including provisions to apply a controversial “ABC” test for worker classification under the National Labor Relations Act and to adopt a broader joint employer standard under the NLRA than the standard implemented by the Trump administration. Given her support for the PRO Act, Chavez-DeRemer could change direction from the anticipated actions expected from the Trump administration with respect to joint employment and independent contractor status, along with other labor policies.
Education Secretary
Linda McMahon was nominated to serve as ED secretary on November 19. McMahon’s nomination was also considered a surprise, but for reasons surrounding her previous experience. During Trump’s first term, McMahon served as the administrator of the U.S. Small Business Administration, and most recently, she served as co-chair of Trump’s transition team. She was previously an executive for World Wrestling Entertainment (WWE). With respect to education, McMahon served as a trustee for Sacred Heart University for over a decade, and she also briefly served on the Connecticut Board of Education.
Title IX
McMahon’s previous positions and experience do not provide much insight into her stance on higher education policy. That being said, we expect that McMahon will largely follow the education policy direction of President-elect Trump if she is confirmed. With respect to Title IX, it is expected that Trump will seek to reimplement his administration’s 2020 Title IX regulations nationwide, which we anticipate McMahon will follow. It remains to be seen if McMahon and the Trump administration’s ED will attempt to issue new Title IX regulations that may be more conservative than those issued in 2020 to address concerns regarding rights and protections for transgender students.
Looking Ahead
Both Chavez-DeRemer and McMahon will face Senate confirmation hearings by relevant oversight committees and votes by the full Senate. During confirmation hearings, more information about the nominees’ priorities at their respective agencies will be revealed. CUPA-HR will keep members apprised of any updates related to the confirmation process of Chavez-DeRemer and McMahon as well as regulatory updates from DOL and ED.
When PhD student, Cate Adamson finds an unknown painting in her university’s basement, she journeys to Spain to uncover the mystery. An impoverished duke, misogynist advisor, and intrigue in the archives. Attribution is the perfect gift for the academic in your life!
Linda Moore, author of Attribution, joins me in this featured interview. We talk about her book and how to get comfortable talking about your book too.
I’ve you’ve ever felt anxious about talking about your book, this is a great interview for you!
Start with this short video, that goes behind-the-scenes on women’s experiences in the academy. This video is fire, please share it with your friends.
Jennifer: Hello everyone, my name is Jennifer van Alstyne. And welcome to The Social Academic on YouTube. I’m here today with author Linda Moore we’re talking about her amazing book, Attribution, which is about a PhD student named Cate.
Linda, would you mind introducing yourself?
Linda: Hi, everyone. I’m Linda Moore. I spent more than a few years collecting degrees from various universities and I’m so excited to talk to people in the academic community.
Jennifer: Today we’re talking about your book, Attribution, which is on the 2022 Gift Guide for Academics. And I’ve put it on the Gift Guide because it is such a fun story. I think that you’re really going to relate to the protagonist Cate who is a PhD student in art history. Can you tell us a little bit about Cate?
Linda: Cate Adamson is a complex character, young, 23. She’s suffering from the challenges of the drowning death of her younger brother, only sibling, and her blue-collar parents who are back in Michigan. She had to drop out of her program at University of Michigan to do a lot of help around her family’s home. And then finally decided the only way that she could really help them was to move forward and prove to them that a daughter could have a future as well.
She goes off to New York and there she meets her nemesis faculty advisor who won’t approve any of her dissertation topics. And she is assigned to do the ugly job of inventorying the art in the basement of the university. She has found a hidden painting in an old chest that isn’t on the inventory list and decides that it could be a Golden Age masterpiece from about 400 years ago in the era of Philip IV in Spain.
During the holidays, she takes the canvas to Spain and looks for experts. And I’ll leave it there because I don’t want to give off any spoilers about where the book goes.
Jennifer: Cate’s journey is so much fun and her struggles as a graduate student I think are so relatable for the people that are on my blog who are going to read Attribution.
Jennifer: When it comes to Cate’s journey and her struggle as a grad student, she’s up against an advisor who isn’t appreciating the research that she is bringing to the table. And she wants to study women.
What is it about women artists that makes Cate’s journey so difficult?
Linda: Well, it’s interesting and shocking actually how little women have been highlighted in the history of art.
The famous Janson History of Art book that we were all assigned in history of Art 101 or even in High School AP History of Art it is still the go-to book. The initial edition had no women artist, none.
I mean we’re talking from cave art days of the Neanderthals to Contemporary Art. It didn’t have Georgia O’Keefe. It didn’t have Mary Cassatt. It didn’t have Frida Kahlo. It took until the 70s when the Women’s Movement was really coming more alive for Janson’s son, who did a rewrite of one of the editions, to begin adding women.
I thought, ‘Okay well that was 50 years ago.’ However, if you look at the collections…
The piece on the cover which is a nude by Velázquez held in The National Gallery of London. And I read that The National Gallery of London only had 15% of its collection was women artists.
Linda: And I’m shocked. And I thought, oh well, the Brits. You know, but honestly, The Met in New York has…are you ready? 7% of its collection are women artists.
Linda: Yes. And that’s with a lot of distinguished women being on the board and being in the curatorial staff. So I think there is now a resurgence of a movement to correct these things. And with that is coming a lot of women who are extraordinary like Artemisia Gentileschi who was the artist that we know a lot about because she was raped by her painting tutor in the 1500s in Italy. And that is all that trial was documented in the courts. So we have a lot of information. Many paintings of hers are now being reattributed to her because of the fact that you know people didn’t believe such good works could have been done by a woman so they would attribute them to some contemporary man. She has had numerous exhibitions there’s a lot of exciting work going on to try to rewrite the history of women in art.
Jennifer: I love that it sounds like it really inspired some of the circumstances in your book.
Jennifer: One thing that I really love is that I can tell your passion for art. Tell me a little bit about your background in art.
Linda: Well I am a political science major as an undergraduate with a minor in Spanish and anthropology. I really became excited about art when I went to Madrid with the education abroad program of the University of California. A wonderful program that has grown so much since I was in it and I continue to be a big supporter of that program.
I discovered art. My grandmother was a painter, but the kind of art I was able to see in Europe. To be able to study Spanish art in the Prado, Italian art in the Prado, and see the real paintings, not slides in the darkened lecture hall. I was just blown away, very excited.
I never stopped loving art. I spent some time in other careers, became a hospital administrator, did different things. And then decided that I really wanted to open an art gallery. I focused my art gallery on the art of the southern cone of South America, not something we see very much in California, or even in the United States.
I was inspired by that because I’d gotten my master’s degree from Stanford and Latin American studies with a specialization in politics. But I realized I could teach a lot more about Latin America and what was going on through the artist’s eyes from that part of the world. I can remember even the days where I had to bring a map of South America to the gallery and share with the staff where was Uruguay, even Argentina. I mean our knowledge of the geography of South America is quite bad.
Jennifer: I understand. I’m from Peru and people ask me where that is all the time.
Linda: Oh yeah, and politics of Peru right now…we could have a whole conversation about that.
Jennifer: Yes, absolutely.
Linda: But in any case I really enjoyed the way that art, and being involved with the artists, and understanding their world, their history, their current challenges…that art embodies all of it. And I enjoy that so much. I was always learning. Still, always learning all the time in so many areas.
Jennifer: Well, the first time we met was at an art show. You told me pretty immediately about Attribution. It was maybe the first time that an author had been so open and so generous with the creation that they had made. I loved it and I was so excited to read it.
I heard about Cate’s journey and I was like I’m gonna read that book. And Attribution really did touch me. You’re so comfortable talking about your book that when I saw you again at Warwick’s for your reading I was like ‘Oh my gosh, not only is she comfortable talking about her book in person, she’s letting people know that she’s sharing it on Instagram in Reels, on social media.’ That is difficult for so many people. It’s scary and anxiety provoking.
What’s it like to talk about your book?
Linda: Having been an art gallery owner, it was quite easy for me to talk about other people’s art. I’m for the first time talking about my own art, right? So there it is [Linda holds up the book]. I have it, you know, all over the place here. That’s marketing 101. Let people remember the name of the book, Attribution.
I finally had a talk with myself and I said, “Okay, if you were making the most fabulous chocolate chip cookies in the world. And people raved about them and told you how good they were, you would have no trouble at all saying, ‘Jen have some of my chocolate chip cookies they’re really really good.’ And that feels quite natural to say right?”
I convinced myself I worked really hard on this book for a long time, and I worked to make sure that backs were correct, that every single word was spelled right. I’m sure there are still a few errors but we sure made an effort. And the cover, everything about it. I felt it was a competent quality book, just like my chocolate chip cookies.
And I would say, “Please try my book, I think I’m offering you something you’ll enjoy, something I’m proud of.” And I always end with saying, “Let me know what you think, because I am interested to hear from readers.” And hopefully the next book will be even better.
But I can’t say that there aren’t moments when I think the other person must be thinking, “Oh my god, there she goes about that book again.”
[Jennifer laughs.]
Linda: So I try to at least moderate a bit who my audience is and hold back so I don’t end up losing all my invitations.
[Jennifer laughs:] Oh, thank you for saying that too. Because you know, I think people are anxious about having that reaction. And you’re someone who’s doing this quite often. You are talking about your book. You are being open about it. And people aren’t snubbing you. People aren’t like, “Oh my gosh, there’s Linda, let me run the other way.” No.
They’re talking about your book. They’re at your readings. They’re helping share it with their friends. And I think that that is something that the power of connection can really create.
I just want to share some comments with you from the live chat: “Have some of my chocolate chip cookies, yes, I love it.”
Attribution is on the 2022 Gift Guide for Academics. We do recommend that you buy it for yourself, buy another copy for a friend. Honestly, I loved reading this book. So I highly recommend it.
Linda: Well it is easy to talk about something that you personally enjoyed.
Inviting conversation about your book
Linda: I love really to hear other people talk about [the book], which you can only make that happen by first talking about it yourself.
I went to quite a few little presentations about marketing books. And you know this whole world was all new learning for me. I learned that in spite of all the social media, and all the things, which I know Jen you’re very dedicated to it. And I too am. Is that still, word of mouth is that big source of how people find their way to a book.
But how do you get word of mouth going? I mean you can only know the hundred people on my Christmas card list, right? That’s easy to get to. All that you know my relatives, and their neighbors. And you know but ultimately your circle kind of starts to slow down because we can only all know so many people personally. To begin to reach beyond that does mean to keep the conversation going.
I do think of it like a conversation instead of a sales pitch, because you know for some people my book is not right. It’s not their thing. And I’ve spent more than a few sessions in Barnes and Nobles and other bookstores, and the first question I ask people is, “Do you read novels?”
And if they say, “No, actually I read biographies of sports figures,” I go okay. And then I might convert to a conversation of who their favorite team of this or that is, because I don’t think they’re probably going to be a reader for my book. But sometimes, and I used to say this in the gallery, “If you can’t make a sale, make a friend.” So, I try to make a friend. Then I might find out that his sister would really enjoy the book, but maybe he wouldn’t.
Jennifer: Exactly.
Linda: Word of mouth is ultimately there, but it all begins with putting yourself out there in a variety of ways, including social media. And physically showing up, and being willing to to raise your flag and say, “Hey, I’m an author.”
Jennifer: Tell me a little bit more about social media. I know that you’re on Instagram and Facebook. Tell me about why you decided to join social media.
Linda: I was already on social media, mostly Facebook, a little bit Instagram. I had a Twitter account which now…
No one look for me on Twitter because, “I’m sorry Elon, I am not a friend or a fan in any way.”
I don’t want to be part of something that, I don’t know if I even have a word for it but it certainly isn’t a dialogue with people. And it’s not it’s not my world.
I will say Facebook we love to love it and hate it all at the same time. I know a lot of people have left, but I initially got on there and was traveling a lot before COVID over the last 10 years.
Facebook is such a great way to share with people: here’s where I am, here’s you know what I’m looking at this morning in some beautiful place. And a reminder of all these people’s birthdays and things I would never in a million years remember that. Just to reach out to friends. It takes so little effort to do it, that I really do appreciate it.
I have found great joy and looking at my friend’s grandkids photos and where they’re traveling. And learning about what they’re reading, sometimes I find my way to really interesting stories.
Since I’ve been writing stories on my Linda Moore Author page, and Facebook, and Instagram, about these women artists who’ve been forgotten. I post pictures of paintings that are in the book. And also photos of places in the book. But it leads to a lot of interesting conversations. Especially during COVID, when we were also isolated. It was really nice to connect with people in a safe way. And that continues.
I have met just such amazing people. It blows me away when I get a note from New Zealand or somewhere that someone’s read the book. Now how could that happen any other way?
Instagram, the Reels, was not my world. But I will tell you, my daughter-in-law, who had 25,000 followers for, are you ready? For the dog. His name is Ravioli, if you want to be his friend. My daughter-in-law encouraged me to do Reels. And I have had some fun with it. I mean the ones of me doing exercise, which you know gets a lot of attention mostly because I’m so not fit it seems to be a hit.
Linda: It gets attention because they’re so sweet. I went home immediately after your reading when you mentioned your Reel to Eye of the Tiger. I watched it and I was like this should be viral! Everyone should see this Reel, it’s amazing. I loved it.
Linda: Oh good, put it out there, Jen. But it does allow you to share a different dimension of yourself. And it could be you hitting a golf ball and missing five times, I don’t know. But it’s just a way to show that you have many layers.
People suffer from stereotypes of lawyers, and doctors, and professors. And I think that an opportunity to show you with that pet that you love, or with the house you’re trying to renovate, or you know whatever else is going on in your life. Because it makes you relatable as a person, as a human being. Even if you’re teaching students, to share that dimension of yourself I think is a really wonderful way to connect with the world.
Jennifer: Thank you for sharing that. Just from the live comments, Dr. Jennifer Polk says, “I appreciate Linda sharing about having fun taking risks on social media. I’ve not done that so much. Reels scare me.” I think that’s true for so many people.
What was it like asking for some help with Instagram? Your daughter-in-law is helping you with those Reels. Most people are anxious to ask for help or guidance in any way. What was that experience like for you?
Linda: Well, I would say in general about everything in your life, nobody knows everything. So asking for help is a very human quality whether it’s you know making those chocolate chip cookies, or ending up trying to figure out how the heck do I do a Reel? And my daughter-in-law will tell you that I am not a good student of Instagram.
I’m still trying to figure it out. I had not wanted to ask her because I knew she was really good at it. And just like you were saying, I was reluctant because it seems like an imposition. But she came to me. We struck a deal where she wanted some of my airline miles that had piled up when I went nowhere during COVID, to go to a friend’s wedding. I traded her miles for making me Reels.
Jennifer: I love it.
Linda: Then she decided she wanted to go with me on some of these book tours to Seattle, and other places. It was really fun to have her along, and be partners in this. She was doing some of the filming so I learned more of her artistic approach to production of these things.
Now I do a few little videos of my own and I’ll send them to her. You can take a look at those. I don’t think they’re Academy Award-quality, frankly. She does a great job especially. The ones I do are not nearly as good…She’s taught me a lot.
But you know what? There’s a lot out there where you can learn. You can just Google it. You don’t have to necessarily put yourself in front of people. But for people who are close to young people, to make a friend and maybe offer something in order to get some help. I think that young people are very happy to help.
The guy who cuts my hair taught me how to do the first Reel I ever did.
Jennifer: Really?
Linda: Yeah, it’s on there. You can see him, he’s trying to do my hair and he says behind me, I’m filming right? And he says behind me, “Oh, we’re gonna need a miracle here.”
And I go, “Oh no!” It’s so simple really. All I had to do was hold the camera.
I think that it’s also great to connect with young people. I envy faculty and others who have the opportunity to be around young people as they get older. And to understand their world and make yourself vulnerable to be the one that’s the student and they’re the teacher and change roles. I think that’s healthy. If that’s a motivator of why you might want to do this to understand their world better. I think that’s maybe an easy call.
Jennifer: Attribution is such a fun read. I encourage you to pick up a copy of Attribution by author Linda Moore. It’s on the 2022 Gift Guide for Academics because it’s about a PhD student named Cate who really has a journey to find herself, to find her power, to find what she wants for the world. I just loved this book and I know that you are going to love it too.
Jennifer: Linda, tell me have you had any struggles or anxieties yourself about marketing the book? I mean it sounds like Instagram was something that was new to you but it sounds like you really approached it with some fun. Was there something that you did struggle with though?
Linda: Well I think like this kind of thing, Jennifer, doing podcasts and radio interviews are even more difficult. Because I’m a visual person. An interview is kind of almost more anxiety.
Jennifer: Oh, that’s interesting.
Linda: Now I’ve sort of been through the trial by fire learning method. I have learned a few things. Number one, don’t be boring. That goes for Instagram and Facebook and all of that.
Try to find something interesting. If you’re not educating, then entertain, or both. Both is best, where people can learn something but it’s also extremely entertaining and enjoyable. Because no one goes there because they have to. I think that most important to just be yourself. Like you’re sitting with a conversation and try to just like we’re having coffee, Jen. And not worry.
I was on a panel recently at a bookstore Book Passage in the Bay Area. The moderator had sent us some questions ahead, like we might have questions like this. But I’ve done enough of these to know that nothing ever goes like the plan, right? So you have to be flexible.
There was another panelist, this is a super Highly Educated person, and she had written out all the answers to her questions. She was ready to read them like it was a lecture or presentation. I explained to her that I thought it would not necessarily go that way. She couldn’t depend on her answers. I could see that was a real change in her thinking. Because in the moment, she would be frustrated that she wasn’t getting through the assignment, right? But there is no assignment. It’s a conversation that needs to be very flexible if it’s going to be real and authentic.
Jennifer: So being adaptable. And it sounds like you can prepare, but you can’t prepare for everything. And being able to have that conversation and be interested in the spontaneity that the conversation might go in is really important.
Jennifer: Well thank you Linda, so much for coming on and telling us more about what your approach to book marketing is. And how you really are connecting with people, individual people, to help share your book. I think that it makes such a difference.
I could see the passion of the people who were in your audience at Warwick’s book shop here in Southern California. They were really interested not only in what you were saying, but why you were saying it. I think that your story and Cate’s story in Attribution, which is again on the 2022 Gift Guide for Academics, pick up a copy…is so interesting. It’s something that people find memorable.
Linda: Thank you, Jen. Also let me say to those reading, you can reach me on my website. And please, email me. I answer all the emails. If you have a particular question or something that we didn’t touch on that would interest you, I’m very happy to hear from you by email.
Jennifer: Thank you so much for reading! Linda, thank you so much for joining me.
Our last interview of the year goes live next week. Don’t miss it.
Linda Moore is an author, traveler, and a recovering gallery owner. She studied art history at the Prado while a student at the University of Madrid and earned degrees from the University of California and Stanford. Her gallery featured contemporary artists and she has published award-winning exhibition catalogs. Her writing has appeared in art journals and anthologies. She has looked at art on all continents and visited over 100 countries She resides with her book-collecting husband in California. Her debut novel Attribution about an art historian who finds a hidden masterpiece, is available wherever books are sold.
