Julie Su was the driving force behind California’s anti-independent law, AB5. She is also President Biden’s pick to head the US Department of Labor. Because of her assault on independent contractors, her nomination remains stalled on Capitol Hill.

With the closely divided US Senate, Ms. Su can only afford to lose two Democratic Senators’ votes. Joe Manchin (D-WV) recently announced his opposition of her appointment and several other Democrat Senators remain non-committal.

To the ire of Congress and industry groups, Biden will not rescind Su’s nomination but will instead indefinitely leave her as the Acting Secretary of the Department of Labor. This tactic is seen as intentionally by-passing Congress and its approval process.

Lawsuits are being contemplated.

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