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Washington — Julie Su emphasised her dedication to “finding and expanding the vast areas of common ground between employers and employees” during her April 20 confirmation hearing earlier than the Senate Health, Education, Labor and Pensions Committee.

Nominated to steer the Department of Labor, Su – the daughter of immigrants and small-business homeowners – confronted questions about her tenure as California’s labor secretary, particularly a state legislation defining impartial contractors. Also addressed have been issues about her lack of expertise in settling labor disputes, in mild of an estimated 150 labor contracts expiring this yr across the nation.

Republicans on the committee tried to color Su as a pro-union activist. Nevertheless, the physique is predicted to advance the appearing labor secretary’s nomination to the total Senate on April 26. After that, Su faces a murky path to confirmation.

Moderate senators akin to Sens. Joe Manchin (D-WV), Kyrsten Sinema (I-AZ) and Jon Tester (D-MT) have but to point how they’ll vote. Add in the truth that Sen. Dianne Feinstein (D-CA) is out for an undetermined quantity of time as a result of of an sickness, and it seems at this juncture that Su would wish the help of all three senators.

Su was confirmed as deputy labor secretary in a 50-47 party-line vote in July 2021, with three senators not voting.

“As much as I think of Ms. Su and as pleasantly as I regard you, I will disagree with [HELP Committee Chair Bernie Sanders (I-VT)] and say with a straight face that I do not think you should be secretary of labor,” rating member Sen. Bill Cassidy (R-LA) stated. “We need a labor secretary who is fair and unbiased when enforcing the nation’s labor laws.”

Cassidy requested Su about A.B. 5, a California legislation enacted after a state Supreme Court determination modified the classification of impartial contractors. Legislators within the state later handed A.B. 2257 to supply exemptions to A.B. 5, and 59% of the state’s voters permitted an exemption for ride-share drivers.

Su stated that, for a federal legislation, Congress must change the check for impartial contractors, also referred to as the ABC check. 

However, she was just a little extra cagey when requested if the Department of Labor may attempt to use a regulation to vary the classification of impartial contractors. In response to a query from Sen. Ted Budd (R-NC), she stated:

“I think that bona fide independent contractors have a place in our economy and need to be able to operate. I also believe that misclassification, meaning you have someone who should be an employee but is called an independent contractor, maybe they do the exact same job, but they don’t have the [same protections]. That is a problem in our economy that needs to be addressed.”

As half of her latest expertise with labor disputes, Su pointed to her teamwork with former Labor Secretary Marty Walsh on the latest negotiations between rail unions and employers. Sen. Tina Smith (D-MN) additionally shared the information that the International Longshore and Warehouse Union had reached a tentative settlement with the Pacific Maritime Association on key points, negotiations that Su was half of.

During her opening assertion, Su touted DOL’s enlargement of compliance help for employers and workers. Among these efforts, she stated, are supporting employers within the adoption of office security and well being packages, serving to employers discover and repair hazards, and the Mine Safety and Health Administration’s Miner Safety and Health app.

“I believe the Department of Labor should make it as easy as possible for employers to keep workers safe on the job,” Su stated. “If confirmed, you can count on me to listen to employers’ views about how best to do that. President Biden asked me to finish the job that Secretary Walsh and I started. If confirmed as secretary of labor, I would work to preserve and expand the American dream for all Americans.”

The president formally nominated Su on March 14, after Walsh stepped all the way down to develop into the chief director of the National Hockey League Players’ Association.

Before the Senate confirmed her as deputy secretary, Su was California’s labor secretary. She additionally served because the state’s labor commissioner from 2011 to 2018, and earlier than that labored as a civil rights legal professional for 17 years.

“She’s been an excellent deputy secretary of labor for the last two years, and I believe she will make an excellent secretary of labor in the future,” Sanders stated. “I hope very much that she’ll be confirmed by the Senate. We need her in her job as soon as possible.

“Let us be honest as we gather this morning. The debate over Ms. Su really has nothing to do with her qualifications. No one can tell us with a straight face that Ms. Su is unqualified for this position. In fact, she’s extremely well-qualified.”

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