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    Julie Su, Biden’s Unconfirmed Labor Secretary, Remains in Role Amid Legal Loopholes

    January 1, 2024
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    President Biden’s nominee for the Department of Labor, Julie Su, will be renominated and remain in her position as acting labor secretary. Despite not being able to secure enough votes for Senate confirmation last year, Su has been using her role to advocate for significant changes in the workforce, including expanding overtime rules. Congressional Republicans argue that Biden is breaking the law by keeping Su in her position. They have urged Biden to withdraw her nomination.



    Su is the longest-serving cabinet nominee from the same party as the Senate and White House to not receive a confirmation vote. Republicans are calling on Biden to nominate someone who is committed to fair enforcement of labor laws and capable of being confirmed in the Senate. Su is limited to 210 days in an acting cabinet position, but her acting status hasn’t stopped her from issuing new rules. Republicans warn that her actions may face legal challenges because she is not confirmed.

    The White House argues that Su can remain as acting secretary under the Labor Department’s Succession Act, which allows for an exception to the 210-day limit. Su was previously confirmed as deputy secretary in 2021 and took over as labor secretary in March when Marty Walsh resigned. A Government Accountability Office opinion supported Democrats on this matter, but Republicans accused Biden of misusing the succession act to bypass the Senate.

    Senators Joe Manchin and Krysten Sinema, both Democrats, have expressed opposition to Su’s nomination, leaving her short of the majority needed for confirmation. Manchin cited Su’s “progressive background” as a barrier to compromise with labor and industry. Su, a former civil rights lawyer and activist, previously ran California’s labor department and implemented AB5, a law that reclassified independent contractors as employees.

    Republicans warn that if Su remains at Labor, she may force workers to pay union dues and impose California’s gig worker law nationwide. Su has also proposed an expansion of overtime pay eligibility, which employers argue would remove work flexibility, cut benefits, and increase costs. Despite opposition, the White House is committed to renominating Su and believes she is doing a great job in her role.

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