Wednesday, February 28, 2024
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Biden's excellent Labor Department nominee could be drowned—by Democrats

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The national business community vehemently opposes anything like AB5 being passed by Congress because it wants to maintain its current unconscionable latitude in deciding whether a given worker will receive the minimum wage, Social Security, and other protections that Employers are required to furnish employees.

Two years ago, after the unemployment insurance crisis and the AB5 controversy came full circle, Sue was confirmed for Deputy Secretary, 50-47, Manchin, Sinema, Tester, Kelly and King all voted for him.

But the following year David Weil’s nomination for Administrator of Wage and Hours at the Department of Labor failed, 47-53, Manchin, Sinema and Kelly are all voting against him. Weil is relevant because, as I noted at the timeA major objection to his nomination was that he planned to implement an ABC test at the federal level, which was not true. Unlike Weil, Su played a real role in the passage of AB5. But Sue is no more likely than Weil to implement ABC testing at the federal level, as was made clear in October when the Labor Department released a statement. proposed regulation With respect to independent contractors. The text of the resolution clearly states that the Department of Labor does not have the legal authority to implement the ABC test because it would be “inconsistent with Supreme Court precedent.” The ABC test could be imposed, the department said, only if the Supreme Court reverses its precedent (not likely anytime soon) or if Congress passes a new law (more likely, but not much).