Su’s Acting Role Called Unconstitutional in New Legal Threats

Business groups are gearing up to bring constitutional challenges to President Joe Biden’s decision to let Julie Su head the US Department of Labor without Senate confirmation, escalating legal threats against the agency’s agenda under her acting leadership.

The app-based trade association Flex, which represents Uber Technologies Inc., Lyft Inc., and DoorDash Inc., recently warned the White House that any action taken to finalize the DOL’s highly anticipated worker classification rule “would circumvent the Senate’s constitutional role of providing advice and consent on nominees.”

The group’s concerns echo claims made in recent weeks by Republicans who say ...