![]() ![]() In 2015, DOL ordered a New Jersey farm to pay a little more than $500,000 in back pay and penalties for multiple violations of the H-2A visa program for seasonal agricultural workers, and those findings were upheld by an administrative law judge. Follow us on Twitter at and ALJs OK: A federal judge on Thursday dismissed a legal challenge brought against the Labor Department’s use of administrative courts to adjudicate civil penalties assessed by the agency. Send feedback, tips, and exclusives to and. It’s been 139 days since the Senate received Julie Su’s nomination. Welcome back to Morning Shift, your go-to tipsheet on labor and employment-related immigration. ![]() Kevin Kiley (R-Calif.) introduced a bill Thursday that specifically targets the law the Biden administration is citing to permit Su to serve indefinitely. House Education and the Workforce Chair Virginia Foxx (R-N.C.) and Rep. But that remains theoretical, and in the interim Republicans are exploring other avenues to make their displeasure known. However, it only takes one judge to throw a major wrench in the administration’s gears and throw DOL into uncertainty. Some employer groups who are also readying potential lawsuits are less keen on pursuing the Su angle and are instead planning more typical legal arguments - such as DOL exceeding its statutory authority or if a rule is written impermissibly vague. But, she added, “in my view they’re fairly weak.” “The argument would be that the regulation hasn’t been legally issued because it was signed by somebody who did not have the authority to serve … because she was there for too long or because her service violated the Constitution,” Nina Mendelson, a University of Michigan law professor, told POLITICO. Nevertheless, it’s unclear how it would fare before a judge. The end goal of any such challenge would be to invalidate actions taken by DOL regarding gig workers, independent contractors, or any number of other closely watched issues. ![]() Supreme Court Justice Clarence Thomas expressed “grave constitutional concerns” about appointing top officials outside of the Senate confirmation process in a 2017 labor issues case. Su sits in the center of a messy nexus of the Federal Vacancies Reform Act of 1998, an even older statute structuring DOL’s chain of command, the need for presidents to plug gaps in the executive branch with temporary leadership and the Schrödinger’s cat of a moribund nomination that is still (theoretically) a pending matter before the Senate. For its part DOL has held firm that Su is on firm ground and elevated her public presence in recent weeks. They have raised a number of constitutional concerns about Su’s continued service and whether the White House and Department of Labor are attempting an end run around the Senate’s “advice and consent” function. SUING SU: The fate of the Biden administration’s labor agenda will almost certainly be decided in court, it is just a matter of how.Ĭongressional Republicans and business groups like the Flex Association and Job Creators Network have grown increasingly vocal about their opposition to acting Labor Secretary Julie Su remaining in the position after it has become evident she stands little chance of being confirmed to officially succeed Marty Walsh, who left in March. ![]()
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