DOL Can Keep Su as Acting Secretary - SHRM
The U.S. Government Accountability Office (GAO) on Sept. 21 concluded that Julie Su can continue serving as the acting secretary of the U.S. Department of Labor (DOL). The DOL can continue legally issuing regulations and enforcing labor laws under Su's leadership.
Keeping the Status Quo
The GAO's findings are a win for the Biden administration and give the agency the green light to keep Su as leader of the DOL at least until the end of Biden's first term, despite not having the votes in the Senate to confirm her following the exit of previous Labor Secretary Marty Walsh.
Republicans and business groups have said that any actions Su may take as acting leader could be subject to a legal challenge. Su was confirmed as deputy secretary in July 2021.
Opposition from Critics
Su has been a major target of business groups and Republicans in Congress since she was elevated to the DOL's top job, following Walsh's resignation in March. Her critics have raised questions about the legality of policy decisions authorized without a Senate-confirmed leader.
They argue that absent confirmation, which Senate Democrats do not have the votes for, the White House is circumventing time limits on interim leadership imposed by the Federal Vacancies Reform Act. The Biden administration has pointed to a separate statute that allows the deputy labor secretary to fill in until a successor is appointed.
The GAO's findings will likely be used by the DOL to defend against potential...
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