Kiley, Foxx Call Out Su’s DOL For Unlawfully Ignoring Trump Rule

WASHINGTON – Today, Workforce Protections Subcommittee Chairman Kevin Kiley (R-CA) and Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) sent an oversight letter to Acting Secretary Su after recent Committee testimony uncovered the Department of Labor (DOL) is unlawfully ignoring Trump’s independent contractor rule, which is still in effect. This letter builds on Chairman Kiley’s and Chairwoman Foxx’s continuing efforts to combat DOL attempts to ignore the law as written and forcefully reclassify independent contractors. Moreover, the letter calls into question Acting Secretary Su’s ability to lead the Department after showing such blatant disregard for the law.

In the letter, Kiley and Foxx write“In March 2022, a federal district court overturned DOL’s May 2021 final rule, ruling that the Biden DOL violated the Administrative Procedure Act by delaying implementation of the Trump administration rule without providing the public with a meaningful opportunity for comment. Contrary to the preferences of the Biden administration officials, the Trump DOL independent contractor rule is in effect.”

The letter continues: “This is not the first time the Biden DOL has demonstrated its open hostility to workers who choose to be independent contractors. Within less than a week of taking office, the Biden administration withdrew two WHD opinion letters the Trump administration published to provide more information to workers and businesses about this complex issue. Following the federal district court’s ruling to reinstate the Trump rule, then-Committee on Education and Labor Ranking Member Virginia Foxx wrote to DOL requesting WHD immediately re-publish these opinion letters. Unsurprisingly, DOL declined.”

Kiley and Foxx conclude: “While it is clear that the Biden administration does not agree with the Trump independent contractor rule, the administration can not ignore the law as written. DOL’s alleged abuse of discretion and arbitrary enforcement of the independent contractor rule raises troubling questions about your leadership.”
Read the full letter here.

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