On February 27, the Senate Health, Education, Labor, and Pensions (HELP) Committee voted, 11 to 10 along party lines, to send President Biden’s renomination of Julie Su as Secretary of the Department of Labor (DOL) to the full Senate for a confirmation vote.

Su’s nomination stalled last spring/summer for lack of sufficient support to win confirmation—all Republicans opposed her nomination as did at least two Democrats. Su also faced—and still faces—strong opposition from many in the business community. Rather than lose the vote, Senate leadership simply did not bring the nomination up for a vote. Su has served in an acting capacity ever since.

Prospects: Su’s renomination faces the same opposition this year that scuttled a vote on it last year. And a number of lawsuits have been filed or are planning to be filed, challenging the validity of the regulations (including, among others, the new worker classification regulation, and a new white-collar overtime exemption rule) promulgated while she was acting secretary. The Administration has ruled that Su’s acting status is valid, while others say it has gone on too long to be legally upheld. The courts will determine the validity of DOL regulations promulgated during the time of her acting status.

NAIFA Staff Contacts: Michael Hedge – Senior Director – Government Relations, at mhedge@naifa.org, or Jayne Fitzgerald – Director – Government Relations, at jfitzgerald@naifa.org.