6-6-23
## Read Gov. Relations Consultant AJ Donelson's update below.
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President Biden has nominated deputy labor secretary Julie Su to replace Labor Secretary Marty Walsh, who stepped down earlier this year to become the head of the National Hockey League Players Union.
Now serving as Acting Secretary, Su is the former California Labor Commissioner. If confirmed, Su would be the first Asian American and Pacific Islander (AAPI) Cabinet secretary in the Biden Administration.
In 2021, the Senate confirmed Su as deputy labor commissioner despite unanimous Republican opposition. Su’s nomination as Secretary is again facing widespread Republican opposition.
While organized labor strongly supports Su’s nomination, the business community is split. Recently, more than 250 senior business leaders sent a letter to Senate leadership urging Senate confirmation of Su. At the same time, Su faces opposition from some corners of the business community, pointing to her pro-labor support when she was in California state government.
The Senate Health Environment and Labor Committee reported out her nomination on a straight party line 11-10 vote on April 26. Her nomination is now waiting consideration by the full Senate. Senator Manchin (D-WV) recently announced his opposition to Su’s nomination. The Administration needs to hold the rest of the Senate Democrats to ensure her nomination. At this time, Senators Tester (D-MT), Synema (D-AZ), Kelly (D-AZ) and King (I-ME) have not announced how they will vote on her nomination.
In the meantime, the Department of Labor’s regulatory agenda has slowed down considerably. While reasons for the slowdown are varied, the delay in Su’s nomination is a contributing factor. While there is no legal prohibition against an Acting Labor Secretary moving ahead with DOL’s agenda, as a practical matter, until a permanent Secretary is confirmed, it is not business as usual at the Department of Labor.