Staff Reports
President Biden’s nominee for the Department of Labor, Julie Su, faced a roadblock last year in securing Senate confirmation. Despite the deadlock, she’s poised to stay on as the acting labor secretary, a role she’s held since March, drawing significant ire from Senate Republicans who accuse Biden of flouting the law.
Legal contortions keep Biden’s unconfirmed labor secretary Julie Su on the jobhttps://t.co/fjEOfV9i1u pic.twitter.com/rcu4IkcP1o
— The Washington Times (@WashTimes) January 2, 2024
Su stands as the longest-pending cabinet nominee without a confirmation vote, a situation that's irked Republicans demanding Biden retract the nomination, citing her lacking support for confirmation.
Under the Federal Vacancies Reform Act, Su's tenure as an acting cabinet member is capped at 210 days before Senate confirmation is mandated. Nevertheless, Su has pushed forward with new regulations, inviting Republican warnings of legal challenges due to her unconfirmed status.
The White House contends that Su can continue in the acting secretary role under the Labor Department’s Succession Act, which allows for a deviation from the 210-day limit. However, this rationale is fiercely contested by Senate Republicans while drawing backing from Democrats aligned with the Biden administration's interpretation.
In a twist, Su faces resistance not just from the GOP but also from moderate members within her own party. Senate Majority Leader Chuck Schumer has refrained from advancing her nomination for a Senate vote, with Senators Joe Manchin and Kyrsten Sinema voicing their opposition, leaving Su short of the necessary majority for confirmation.
Su’s prior actions in California, such as reclassifying independent contractors and advocating an unpopular expansion of overtime pay, have amplified concerns among Republicans. They fear Su might nationalize California’s contentious gig worker law, potentially mandating union dues for millions of workers if she continues at the Labor Department.
Critics argue that Su’s proposed overhaul of the overtime rule could be overly drastic, eroding work flexibility for employees and burdening employers with compliance hurdles and increased expenses. Despite bipartisan opposition, the White House maintains steadfast support for Su, intending to renominate her for the position.
