Julie Su's Confirmation Battle as Labor Secretary: Industry Groups Launch Campaigns to Oppose Her Policies

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published April 11, 2023

By Author - LawCrossing

Julie Su's Confirmation Battle as Labor Secretary: Industry Groups Launch Campaigns to Oppose Her Policies

Billboards in West Virginia warn that Biden's nominee for labor secretary, Julie Su, wants to "turn the lights o." At the same time, le another in Montana claims that she will turn the state into California. Meanwhile, a billboard in Arizona warns that "Su's gig could be destroying your gig." As Su's confirmation hearing approaches on April 20, newspaper and digital advertisements will also appear more frequently in these states.
 
Although the White House and the administration promote Su's track record of fighting for underpaid workers, the industry group aggressively opposes her policies. Su, a civil rights lawyer, former California labor commissioner, head of the state's sprawling labor agency, and child of Chinese immigrants, needs at least 50 votes in a Senate where Democrats have a slim 51-49 majority.
 
However, not all Democrats and Independents may support her, and some industry officials believe Su will face a tough confirmation battle. Industry groups are focusing their campaign on Montana, Arizona, and West Virginia, as they are concerned that Su will advocate for policies that are similar to those she supported in California, such as the law that classified some gig workers as employees, which some businesses claim negatively impacted their ability to rely on freelancers.
 
According to White House spokesperson Emilie Simons, the administration works with a broad coalition of supporters, including elected officials, labor leaders, key stakeholders, and business groups, to support Julie Su's nomination for labor secretary. Simons also stated that the White Houshadas received outspoken support for Su's nomination since it was announced.
However, Rachel Tripp, a spokesperson for the "Stand Against Su" coalition representing businesses, freelancers, and franchisees, has been formed to oppose Su's nomination. Tripp stated that they are working to help senators from across the aisle and from every region understand the implications of Su's nomination.
 
Crucial senators in Montana, West Virginia, and Arizona, who previously voted for Su to become deputy labor secretary in 2021, are now on the fence about her confirmation for the top job. Two Democrats and one Democrat-turned-independent, all up for reelection in 2024, have shown reluctance to back a woman they previously confirmed. This signals that Biden's push to curb corporate power and push for higher wages for workers faces stiff opposition in Congress, despite Democratic control of the chamber.
 
Biden's previous nominees for the Labor Department's Wage and Hour Division and the Office of Comptroller of the Currency faced industry opposition and Democratic defections, with the latter withdrawing in 2021.
 
Some senators, including Joe Manchin of West Virginia and Jon Tester of Montana, are undecided or reviewing Su's record. Others, such as Kirsten Sinema, have yet to preview their votes.
 
United States
Billboards, newspaper ads, and digital advertisements flood these and other states, while industry groups have written to Biden and lawmakers to request a review of Su's record. The law Su championed in California, which extends employee classification status to some gig workers, is tied up in litigation, making it difficult to assess its economic impact on workers or companies.
 
Karen Anderson, founder of Freelancers Against AB5, has expressed concern about Su's appointment, stating that "we're not wanting to see California's failures spread to other states, and with somebody at the helm who was the chief enforcer of such policies in California." Meanwhile, Kristin Sharp, CEO of the Flex Association, a trade group representing rideshare and delivery companies, opposes Su's nomination, stating that lawmakers need a labor secretary who embraces the opportunities that technology has unleashed for workers.
 
WHITE HOUSE, UNIONS PLAN DEFENSE
 
Sources say that the Biden administration anticipates a challenging confirmation process for Julie Su. According to union officials, major labor unions such as the AFL-CIO and the SEIU are devising strategies to defend her nomination.
 
The AFL-CIO plans to focus on Montana, West Virginia, Arizona, and Maine. They intend to communicate their support for Su to their members to encourage them to reach out to their state senators. Meanwhile, unions will concentrate on Senators Angus King and Susan Colli in Mainens.
 
Although King voted in favor of Su's confirmation as deputy secretary in 2021, a spokesperson for Collins, a Republican, stated that she does not support Su's nomination. In 2021, Collins voted against Su's nomination for deputy secretary, as did all Republicans.
 
Steve Smith, the Deputy Director of Public Affairs for Political and Organizing at the AFL-CIO, said they were aware from the outset that corporate special interests would launch vigorous campaigns against Su. According to Smith, corporations target Julie because of her robust advocacy for workers.
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