President Biden’s ultra-liberal nominee to run the Department 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 preserve her on the job as performing labor secretary, a place she’s held since March and has used to push for main adjustments within the nation’s workforce, together with a proposed growth of the additional time rule that critics say will kill jobs and decrease wages.
According to congressional Republicans, Mr. Biden is breaking the regulation by conserving her on the Labor Department’s helm.
Ms. Su is the longest-serving cupboard nominee who has gone with out a affirmation vote when the Senate and White House are managed by the identical occasion, say Republicans, who’ve urged Mr. Biden to drag her nomination.
“It is clear Ms. Su lacks the necessary votes for confirmation. I urge President Biden to put forward a nominee who is committed to fair enforcement of our nation’s labor laws and is capable of being confirmed in the Senate,” mentioned Sen. Bill Cassidy of Louisiana, the highest Republican on the Health, Education, Labor and Pensions Committee.
Ms. Su is proscribed to 210 days in an performing cupboard place beneath the Federal Vacancies Reform Act, a regulation created to stop the president from completely conserving unconfirmed nominees in workplace.
Her performing standing hasn’t stopped Ms. Su from issuing new guidelines, although Republicans warn her actions are susceptible to authorized challenges as a result of she is just not confirmed.
The White House mentioned she will be able to stay as performing secretary beneath the Labor Department’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 give up in March to run the National Hockey League Players’ Association.
A Government Accountability Office opinion in September sided with Democrats on the matter, however Republicans accused Mr. Biden of misusing the succession act to avoid the Senate.
“It is absolutely unacceptable for your administration to do an end-run around the constitutional obligation to see the advice and consent of the Senate — particularly for a nominee that has already demonstrated an inability to garner the necessary votes for confirmation,” Senate Republicans mentioned in a letter to Mr. Biden.
Ms. Su’s drawback isn’t simply the GOP, who’re within the Senate minority. Moderates in her occasion aren’t desperate to vote for her both, which is why Majority Leader Chuck Schumer, New York Democrat, gained’t put her nomination to the take a look at on the Senate flooring.
Sen. Joe Manchin, West Virginia Democrat, declared his opposition to Ms. Su and Sen. Krysten Sinema, an Arizona impartial aligned with Democrats, signaled she’s a no vote, leaving Ms. Su in need of the easy majority wanted to win affirmation.
Mr. Manchin mentioned Ms. Su’s “progressive background” would stop her from forging compromises with labor and business.
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 workers, making them eligible for advantages and additional time pay and topic to labor union dues.
The 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 drive thousands and thousands of employees to pay union dues and impose California’s much-criticized gig employee regulation on the nation.
Last 12 months, she revived an Obama-era growth of additional time pay eligibility that was beforehand defeated in courtroom. It would enhance the annual earnings threshold for individuals who are exempt from additional time pay from $35,568 to $55,068 with computerized updates each three years.
“I’ve heard from workers again and again about working long hours, for no extra pay, all while earning low salaries that don’t come anywhere close to compensating them for their sacrifices,” Ms. Su mentioned when asserting 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 degree.
Employers mentioned Ms. Su’s additional time rule would take away worker work flexibility, reduce into advantages and create nightmarish record-keeping compliance points and enhance prices.
Kristin Sharp, CEO of Flex, a commerce affiliation representing high rideshare and supply apps, mentioned Ms. Su shouldn’t be confirmed due to her monitor document and “failure to communicate a vision for a future-forward, modern economy.”
Ms. Sharp referred to as on Mr. Biden to delay any new guidelines on gig employees till the Senate confirms a labor secretary.
But Ms. Su isn’t going anyplace.
“We see her performance as admirable, and we think she is doing a great job in that role,” White House press secretary Karine Jean-Pierre mentioned. “She will be renominated. And we are certainly committed to that.”
