GOP grills Biden’s Labor pick Su with nomination in limbo

Republican House members used a budget hearing Thursday to grill Acting Labor Secretary Julie Su over issues including child labor and the gig economy as her nomination remains in limbo in the Senate. 

Chairwoman Virginia Foxx (R-N.C.) began the House Education and the Workforce Committee meeting by accusing Su of evading the committee’s repeated requests to appear. 

“You’re sitting here today only because I informed you that I would issue a subpoena to compel your attendance,” Foxx said. 

Su said she was pleased to appear before the committee, and defended the Biden administration’s proposed $1.5 billion, or 11 percent, increase in the Labor Department’s budget. 

President Biden’s nomination of Su for the permanent role has sparked opposition from the GOP and hesitation from several moderate Democrats. 

At Wednesday’s hearing, Foxx and several other GOP committee members criticized Su’s performance as the acting secretary. 

Rep. Jim Banks (R-Ind.) mentioned a New York Times investigation that unveiled widespread child labor among undocumented immigrants. 

“This story says that you and this administration have completely ignored what I believe is another example of the biggest humanitarian crisis in American history. What the heck are you doing about it?” he asked. 

Su responded: “I don’t believe the story said the Department of Labor was not doing what we need to do. In fact, I believe the stories came out because the Department of Labor was doing our job.”

The committee’s Democratic members also pointed out that the department has imposed the maximum sanction against companies employing large numbers of migrant children.

“It’s a vivid illustration of just how seriously DOL takes this issue,” said Rep. Alma Adams (D-N.C.). 

Su’s previous work as California’s labor commissioner was also a point of contention in the hearing. 

Rep. Kevin Kiley (R-Calif.) brought up her role in the passing of Assembly Bill 5, a California law that made it harder to classify workers as independent contractors. 

Supporters said the bill provided much-needed protections and benefits to gig workers, while industry groups said it makes it harder to do business in the state. 

“Will you demand that Congress pass a similar bill to kill off independent contractors?” Rep. Lisa McClain (R-Mich.) asked Su.

Su repeatedly told the committee that she was not in the California Legislature and therefore had no role in passing the legislation, though she did say it was beneficial to many employees. She said that as Labor Secretary, she would have no authority to enforce a similar federal law. 

Though Su’s nomination will be decided by the Senate, Wednesday’s House hearing was indicative of the fight ahead. 

Moderate Democratic senators including Joe Manchin (W.Va.) and Jon Tester (Mont.) say they remain undecided on her nomination. The White House and Senate Democrats are trying to swing Sen. Lisa Murkowski (R-Alaska) to support Su. 

“I don’t even know if Su is coming up,” Murkowski told The Hill this week. “It’s kind of been kind of silent here for a while. … I’m not sure they’ve got all the Democrats.”