GOP Senators Press for Labor Nominee Julie Su’s Withdrawal

Su’s Record on California AB 5 Has Become an Issue
Joe Biden and Julie Su
President Joe Biden and Julie Su at the White House on March 1. (Susan Walsh/AP)

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Nearly three dozen Republican senators called on President Joe Biden to withdraw from consideration his nominee to lead the Department of Labor.

Amid pushback from the freight sector, Minority Leader Mitch McConnell (R-Ky.), his leadership team and other top Republicans continue to oppose Julie Su for the top job at the Labor Department.

Su, the department’s acting secretary, is awaiting a confirmation vote on the Senate floor.



“Her track record and unwillingness to provide clarity to her past positions and the actions she would take as Secretary of Labor continue to raise concerns about her nomination,” the senators wrote Biden on June 20.

“In her capacity as the head of California’s Labor and Workforce Development Agency, Ms. Su was the architect of a law that forced independent contractors in the state to reclassify themselves as W-2 employees, and she did not hesitate to express her willingness to enforce this law, threatening investigations and audits to the wage claim process for workers who did not comply,” the Republicans continued. “When asked about her position on this issue and if she would institute a similar policy as [U.S.] Secretary of Labor, Ms. Su has been consistently evasive in responding, despite offering strong public support for this policy prior to her current nomination.”

For emphasis, the Republicans noted, “Su has given senators no indication that her past positions and actions are not indicative of future positions and actions she would take as secretary.”

Senate Majority Leader Chuck Schumer (D-N.Y.), tasked with scheduling Su’s confirmation vote, pledged to pursue a path forward. Speaking with reporters on June 21, Schumer said, “She is a very good nominee and we are working hard to try and get her confirmed.”

At issue is Su’s record specific to a California law known as AB 5. The law, which sets conditions for employers to reclassify independent contractors as employees, is central to American Trucking Associations’ opposition to the nominee. Earlier this month ATA President Chris Spear shared his concerns with Schumer and McConnell.

“As we highlighted in a March letter to the Senate Committee on Health, Education, Labor and Pensions, we have grave concerns over Ms. Su’s role in implementing California’s disastrous [AB 5], which essentially outlawed this business model for trucking,” Spear explained. “Her responses to questions posed during committee consideration of her nomination and a lack of outreach to the business community she would be charged with regulating have failed to reassure the trucking industry on how she would approach such an existential issue if confirmed to lead the Department of Labor.”

Other opponents launched the “Stand Against Su” campaign. This coalition of small businesses, freelancers and tipped workers is citing the acting secretary’s policy positions during her tenure in California and in Washington.

During her confirmation hearing, Su defended her record and told senators, “I believe that the Department of Labor should make it as easy as possible for employers to keep workers safe on the job. If confirmed, you can count on me to listen to employers’ views about how best to do that.”

The White House and major union groups continue to defend the nominee’s credentials.

“Julie Su has made a career out of representing not only workers, but the most vulnerable workers in America,” according to background information from the AFL-CIO. “Her record speaks for itself. As a young attorney representing trafficked Thai garment workers outside of Los Angeles, she won $4 million in stolen wages. Her case set a huge precedent, and that was just the beginning of a storied career.”

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