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Su nomination—and whole DOL—in limbo

July 2023 federal employment law insider
Authors: 

by the editors of FELI

The nomination of Department of Labor (DOL) Deputy Secretary Julie Su continues to falter, as opposition grows in face of administration efforts to move the confirmation process to an end. The latest, and perhaps fatal, blow was Sen. Joe Manchin’s public opposition to Su. This may serve as catalyst for others—Sens. Krysten Sinema, Mark Kelly, and Jon Tester are most frequently named—to make similar announcements and bring this troubled nomination to an end.

Fierce opposition to Su began immediately after her nomination. Republicans have attacked her during hearings—in both Houses—focusing on her record as California’s labor chief, during which COVID-fueled fraudulent unemployment claims drained the state’s coffers. She is also accused of planning to impose California’s controversial law on classifying independent contractors—the notorious AB5—on federal workers, despite her repeated insistence to the contrary. Su’s advocates, on the other hand, point to her deep understanding of the issues facing the department and her history of being a strong administrator. Still others point out that she would add a member the Asian-American community to President Joe Biden’s Cabinet, fulfilling one of his goals.

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