The U.S. Government Accountability Office is reviewing the administration’s decision to keep Julie Su as the acting labor secretary without Senate confirmation, according to multiple reports.
President Joe Biden picked Su in February to replace Marty Walsh as labor secretary. The current U.S. Labor acting secretary and former California labor commissioner’s confirmation hearing was in April, but her nomination still hasn’t been brought up for a vote.
In July, Sen. Joe Manchin, D-W. Va., formally announced that he planned to vote against Su’s confirmation bid, signaling that she did not have the necessary votes to be confirmed. The White House responded by planning to allow Su to maintain her role as acting labor secretary without putting her confirmation to a vote.
Rep. Virginia Foxx, R-N.C., asked the GAO to review Su’s ability to continue leading the Department of Labor in an acting capacity. A spokesperson for the GAO said the office is working on a legal opinion, Reuters reported.
Flex, a trade group representing Uber, DoorDash and other app-based companies, also wrote a letter in July that urged the White House to not finalize the Department of Labor’s worker classification rule until the U.S. Senate confirms a permanent labor secretary.
“By declining to act on Ms. Su’s nomination, the Senate is advising against the policies she has espoused and declining to consent to her leadership,” Flex wrote. “As a result, any action taken to finalize the proposed worker classification regulation under Ms. Su’s current leadership as acting secretary would circumvent the Senate’s constitutional role of providing advice and consent on nominees.”
Much of the opposition toward Su stems from her role in the implementation of California’s Assembly Bill 5 – a controversial law that makes it extremely difficult for a worker to be considered an independent contractor.
The Owner-Operator Independent Drivers Association publicly opposed Su shortly after she was nominated.
In late June, OOIDA doubled down by writing a letter to President Biden encouraging him to pull the nomination.
“It has become apparent the U.S. Senate is unlikely to confirm Ms. Su, due in large part to the disastrous policies affecting the trucking industry she championed as California labor commissioner and secretary for the California Labor and Workforce Development Agency,” OOIDA wrote. “We believe the time has come to select a new nominee whose record demonstrates not only a commitment to improving working conditions for employee drivers but also an appreciation for the benefits independent-contractor status has provided owner-operators over many decades.” LL
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