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At a fiery U.S. House Committee on Education and the Workforce hearing, Acting Labor Secretary Julie Su staunchly defended her role at the U.S. Department of Labor and the agency’s recent rulemaking activities against sharp criticism from Republican members. The hearing, focusing on the DOL's policies and the nearly $14 billion budget request by President Joe Biden, became a battleground over Su's status as both acting secretary and nominee for labor secretary.

Acting Labor Sec. Defends Status, Rules At Tense Hearing: Confrontations and Defense

Republican critics, like Rep. Aaron Bean from Florida, accused Su of exploiting a "Su loophole" by remaining acting secretary without Senate confirmation. Su countered, asserting, "It's not a loophole at all, sir." This was supported by Democrats such as Rep. Bobby Scott of Virginia, who cited a Government Accountability Office decision affirming Su's eligibility to serve, praising her "pro-worker regulatory agenda."

However, Republican dissatisfaction was palpable. Rep. Eric Burlison of Missouri charged Su with disrespecting both the Constitution and the Senate by continuing to serve, deeming her an "illegitimate secretary." Amidst these accusations, Rep. Kevin Kiley of California demanded her resignation, claiming that any DOL actions under her were "under a legal cloud."

Acting Labor Sec. Defends Status, Rules At Tense Hearing: Rulemaking Under Scrutiny

The discussion also delved into specific DOL rulemakings, such as the recent final rule that raises the salary threshold for overtime exemptions under the Fair Labor Standards Act. Su explained, "The reason why we did an overtime rule was because it's really important for working people to get a fair day's pay for a hard day's work."

Questions about the potential negative impacts of this rule arose, with Rep. Glenn Grothman, R-Wis., inquiring about the shift from salaried to hourly pay. Su reassured the committee, stating that the rule does not necessitate such outcomes.

Future DOL Initiatives

In addition to defending the overtime rule, Su spoke about the DOL's confidence in the survivability of both the overtime and fiduciary rules against court challenges, citing adherence to existing case law. She also mentioned ongoing work on a new H2-A rule and the development of a rule to address workplace violence, indicating a proactive regulatory agenda under her stewardship.

Remote Work and DOL Office Dynamics

The ability for DOL employees to work from home was another point of contention. Rep. Virginia Foxx of North Carolina criticized the current arrangement and warned of a subpoena if the DOL did not provide a satisfactory return-to-office plan by the following Monday.

Despite the heated exchanges, Democrats offered strong support for Su, highlighting her efforts to ensure labor protections. Rep. Pramila Jayapal of Washington defended the independent contractor rule, and Rep. Mark DeSaulnier of California commended Su's competence and dedication.

Summary

Julie Su's appearance at the House committee hearing underscored the ongoing debate over her role as Acting Labor Secretary and the legitimacy of her actions within the DOL. While facing considerable opposition, Su and her supporters continue to champion a robust, worker-focused regulatory framework.