President Biden’s nominee to run the Division of Labor couldn’t muster the votes final 12 months to win Senate affirmation, however she’s not going away.
Mr. Biden plans to renominate Julie Su and hold her on the job as performing labor secretary, a place she’s held since March. She has used the position to push for main modifications within the nation’s workforce, together with a proposed enlargement of the extra time rule that critics say will kill jobs and decrease wages.
Based on congressional Republicans, Mr. Biden is breaking the regulation by retaining her on the Labor Division’s helm.
Ms. Su is the longest-serving cupboard nominee who has gone and not using a affirmation vote when the Senate and White Home are managed by the identical get together, say Republicans, who’ve urged Mr. Biden to tug her nomination.
“It’s clear Ms. Su lacks the mandatory votes for affirmation. I urge President Biden to place ahead a nominee who’s dedicated to honest enforcement of our nation’s labor legal guidelines and is able to being confirmed within the Senate,” stated Sen. Invoice Cassidy of Louisiana, the highest Republican on the Well being, Schooling, Labor and Pensions Committee.
Ms. Su is restricted to 210 days in an performing cupboard place beneath the Federal Vacancies Reform Act, a regulation created to stop the president from completely retaining unconfirmed nominees in workplace.
Her performing standing hasn’t stopped Ms. Su from issuing new guidelines, although Republicans warn her actions are weak to authorized challenges.
The White Home stated she will stay as performing secretary beneath the Labor Division’s Succession Act, which carves out an exception to the 210-day restrict.
Ms. Su was confirmed by the Senate as deputy secretary in 2021 earlier than succeeding Labor Secretary Marty Walsh, who stop in March to run the Nationwide Hockey League Gamers’ Affiliation.
A Authorities Accountability Workplace opinion in September sided with Democrats on the matter, however Republicans accused Mr. Biden of misusing the succession act to avoid the Senate.
“It’s completely unacceptable on your administration to do an end-run across the constitutional obligation to see the recommendation and consent of the Senate — significantly for a nominee that has already demonstrated an incapability to garner the mandatory votes for affirmation,” Senate Republicans stated in a letter to Mr. Biden.
Ms. Su’s downside isn’t simply the GOP, who’re within the Senate minority. Moderates in her get together aren’t wanting to vote for her both, which is why Majority Chief Charles E. Schumer, New York Democrat, gained’t put her nomination to the check on the Senate flooring.
Sen. Joe Manchin III, West Virginia Democrat, declared his opposition to Ms. Su and Sen. Kyrsten Sinema, an Arizona impartial aligned with Democrats, signaled she’s a no vote, leaving Ms. Su wanting the straightforward majority wanted to win affirmation.
Mr. Manchin stated Ms. Su’s “progressive background” would stop her from forging compromises with labor and trade.
Ms. Su, a former civil rights lawyer and activist, beforehand ran California’s labor division. She ushered in California’s AB5, which reclassified 1000’s of impartial contractors or “gig” employees as staff, making them eligible for advantages and extra time pay and topic to labor union dues.
The brand new rule was so unpopular the state and a voter referendum carved out a raft of exceptions.
Republicans warn that if Ms. Su stays at Labor, she’ll power hundreds of thousands of employees to pay union dues and impose California’s much-criticized gig employee regulation on the nation.
Final 12 months, she revived an Obama-era enlargement of extra time pay eligibility that was beforehand defeated in court docket. It might enhance the annual earnings threshold for many who are exempt from extra time pay from $35,568 to $55,068 with automated updates each three years.
“I’ve heard from employees repeatedly about working lengthy hours, for no further pay, all whereas incomes low salaries that don’t come anyplace near compensating them for his or her sacrifices,” Ms. Su stated when saying the proposed rule on Aug. 30.
Critics argue it’s too drastic a rise and level out the brink was raised in 2019 from $23,660 to its present stage.
Employers stated Ms. Su’s extra time rule would take away worker work flexibility, minimize into advantages and create nightmarish record-keeping compliance points and enhance prices.
Kristin Sharp, CEO of Flex, a commerce affiliation representing high ride-hailing and supply apps, stated Ms. Su shouldn’t be confirmed due to her observe file and “failure to speak a imaginative and prescient for a future-forward, fashionable financial system.”
Ms. Sharp referred to as on Mr. Biden to delay any new guidelines on gig employees till the Senate confirms a labor secretary.
However Ms. Su isn’t going anyplace.
“We see her efficiency as admirable, and we expect she is doing a fantastic job in that position,” stated White Home press secretary Karine Jean-Pierre. “She will likely be renominated. And we’re definitely dedicated to that.”
