Posts tagged Kevin Kiley
Biden’s labor proxy war against DeSantis
November 22, 2023 // Su is abusing her discretionary power under the Federal Transit Act. Yet if her actions are allowed to stand, labor unions may come to regret it. Future administrations may interpret the “fair and equitable” provision to require that states enact policies like Florida’s. States such as California, New York, and Illinois may suddenly find themselves out billions of dollars unless they stop giving unions unfair advantages and start protecting public-sector workers’ rights. Those states would surely argue that the Federal Transit Act doesn’t grant the secretary of labor such sweeping authority, but if that’s true, then the Biden administration’s assault on Florida is equally wrong.
Reps. Foxx, Kiley to Su: Withdraw Proposed Overtime Rule
November 8, 2023 // Several other GOP lawmakers also signed onto the letter, including Glenn "GT" Thompson, Pennsylvania; Tim Walberg, Michigan: Elise Stefanik, New York; Rick Allen, Georgia; James Comer, Kentucky; Lloyd Smucker, Pennsylvania; Burgess Owens, Utah; Bob Good, Virginia; Mary Miller, Illinois: Michelle Steel, California; Julia Letlow, Louisiana; Aaron Bean, Florida; Eric Burlison, Missouri, and Erin Houchin, Indiana. "DOL under President Trump published a rule that responsibly updated the salary threshold and considered extensive stakeholder feedback before issuing the final rule," the letter states. "The same cannot be said about the rushed efforts of the current DOL to push through a rule which makes changes as extreme as they are unnecessary."
Stefanik Re-Introduces the Modern Worker Empowerment Act to Protect Independent Contractors
September 15, 2023 // Congresswoman Elise Stefanik reintroduced the Modern Worker Empowerment Act, along with Congressman Kevin Kiley (CA-03) and Congresswoman Michelle Steel (CA-45), to update the Fair Labor Standards Act and the National Labor Relations Act to create a clear definition and standard across federal laws to protect independent workers. This comes as the Biden Administration’s Department of Labor is finalizing a new rule to create an obtuse multi-factor test that will undoubtedly lead to confusion for workers and take away opportunities from these individuals. With multitudes of differing state and federal statutes regulating independent contractors, the Modern Worker Empowerment Act will provide much needed clarity and stability for the American independent worker ensuring opportunities regardless of which state they reside.
Kiley, Foxx Intro Bill to Keep Labor Secretary Role Temporary
July 28, 2023 // "For the sake of job creators and working Americans, Biden must pull Su," she wrote. "Instead, he has stretched the law to bypass a Senate confirmation process. Par for the course for a president accustomed to flouting the law to get his way. I am pleased to support Rep. Kiley's bill to clarify federal law, putting an end to this administration's efforts to skirt the law at the expense of workers and job creators." H.R. 4957, the Department of Labor Succession Act, clarifies federal law to ensure that the tenure of an Acting Secretary of Labor aligns with the Federal Vacancies Reform Act of 1998 (Vacancies Act). On July 20, Su became the longest serving cabinet member.
Was This The Plan All Along?
July 26, 2023 // Sen. Bill Cassidy (R-LA), ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, asked the Biden Administration Thursday to withdraw the nomination and warned that “(A)ny attempts to bypass the will of Congress, especially its constitutionally mandated advice and consent role, is unacceptable.” Su was the deputy labor secretary until her predecessor, Marty Walsh, left to take over the NHL players union, triggering her acting secretary status. Typically, under a law called the Vacancies Act, Su, who was nominated about four months ago, would have a 210-day time limit – for her, that’s mid-October – to her “acting” term. However, the Labor department has its own “succession statute” which states that the deputy becomes the acting secretary automatically and shall “perform the duties of the Secretary until a successor is appointed…” The labor statue has no time limit – confusion aspect one. The second issue is that Su’s nomination is still technically “pending” before the Senate.
Is She? Can She? Should She? Julie Su Labor Secretary Confirmation Battle Takes New Twists
July 10, 2023 // Finally, the latest news that Su literally ran the EDD into the ground – it has been determined by state Legislative Analyst’s Office to now be “structurally insolvent” while she was in charge has critics again calling for Biden to drop her nomination. “As a result of Julie Su’s historic unemployment insurance fraud and California’s budgetary mismanagement, state businesses are facing billions in tax hikes over the next several years,” said California’s-own Rep, Kevin Kiley (R-Rocklin). “California’s EDD debacle and the incompetence tax small businesses are now forced to pay demonstrate that California’s policies are a warning to, rather than a model for, the nation. They also illustrate just how ill-advised Julie Su’s nomination for US Labor Secretary is.”
Businesses Cry Foul on DOL Messaging for Trump Gig Worker Rule
May 8, 2023 // “My discussions with DOL investigators and the solicitor’s office out of Atlanta was exactly the same before the Trump regulations and after the Trump regulations,” McCutchen said. In her interactions with the agency, WHD investigators mentioned and recognized the agency was bound by the Trump rule, but didn’t follow the structure of the Trump test when analyzing whether one of her clients was a contractor or an employee, she said. “They didn’t say, ‘Let’s look at the two core factors,’” she explained, “or, ‘Now we’re going to look at the three additional factors,’ which is the structure of the Trump regulations. They didn’t do that.” The Trump rule has been in place for over two years, and given how it diverged from the Obama-era approach to worker classification, the department should be reaching out to field officers and offering training and guidance, said Michael Lotito, co-chair of Littler Mendelson PC’s Workplace Policy Institute. Simply acknowledging the rule isn’t enough, he added.
The ‘Su Tax’: California Businesses Are Still Paying for Biden Nominee Julie Su’s $31B Mistake
May 3, 2023 // Julie Su is on Capitol Hill auditioning to be President Joe Biden’s next labor secretary, but back in her home state of California, businesses are paying what some call the "Su Tax"—a hike in payroll taxes to make up for the massive fraud that took place on her watch during the COVID-19 pandemic.
Julie Su: At Big Labor’s beck and call
May 1, 2023 // While at the LWDA, she supported anti-worker laws like AB 5, a law that reclassified contractors and freelancers as regular employees. The implementation of AB 5, which happened under Su’s watch, was perceived as heavy-handed and punitive towards contractors and freelancers. Su openly stated that she was willing to conduct “investigations and audits” to enforce reclassification, which negatively affected contractors and freelancers. But contractors and freelancers disagreed with Su’s interpretation of AB 5’s effects on workers. An independent truck driver, who was forced to reclassify after AB 5’s passage, said that AB 5 will “kill the liberty of being a trucker” because of all the “regulatory stuff in an over-regulated and complex industry.”
Unions pour on support for Biden’s Labor pick amid confirmation worries
April 24, 2023 // The AFL-CIO this week began rolling out a campaign to drum up support for Su, with an emphasis on getting local affiliates to lean on undecided senators and a six-figure ad buy running in Washington, D.C. and Arizona. The “Stand with Su” effort is a direct counterweight to some of the forces that have been lobbying against her — including the name choice, as one of the main anti-confirmation groups is called “Stand Against Su.” Administration officials are holding nightly “war room” calls with Su’s backers to discuss the game plan for the following day and to track developments, according to a White House official. The administration also holds 15 to 20 check-in calls per day across labor and business groups. Walsh has also been actively engaged in the process and advocating for Su with labor and business leaders and senators, according to an administration official.