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

Date: May 4, 2023
Location: Washington, DC

"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."

"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."

"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."


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