Senate Blocks Nominee for Wage and Hour Division Administrator

​On March 30, the Senate blocked David Weil—a critic of the gig economy—from once again becoming administrator of the U.S. Department of Labor's (DOL's) Wage and Hour Division. We've gathered articles on the news from SHRM Online and other media outlets.

Close Vote

The Senate's 47-53 vote on a motion to proceed blocked a final vote on Weil to be the Wage and Hour Division administrator. Weil came under criticism from business groups and Republicans over his scrutiny of gig-economy's labor practices. Weil served as Wage and Hour Division administrator in the Obama administration.

(Bloomberg)

Stricter Independent-Contractor Test Favored by Weil

Weil has called for a stricter test that would render most gig workers employees. "Weil has made no secret of his belief that independent contractors used by many gig companies should be classified as employees," said J. Hagood Tighe, an attorney with Fisher Phillips in Columbia, S.C.

(SHRM Online)

Three Democratic Senators Oppose Weil

Democratic Sens. Kyrsten Sinema, D-Ariz.; Mark Kelly, D-Ariz.; and Joe Manchin, D-W.Va., voted against the procedural vote to advance Weil's nomination. Business groups have disagreed with Weil on issues like independent contractor classification, joint employment designations and overtime pay.

(Politico)

Murray Expresses Disappointment

In a statement following the failed nomination, Democratic Sen. Patty Murray, chairwoman of the Senate Health, Education, Labor and Pensions Committee, said, "I'm incredibly disappointed to see Dr. Weil, an exceptionally qualified nominee with a long track record fighting to ensure workers get the wages they have earned, did not get the votes tonight to be confirmed as administrator of the Wage and Hour Division of the Department of Labor. Despite this outcome, I will never stop fighting for working families and for a fully staffed DOL with leaders committed to protecting workers."

(CNN)

Manchin's Statement

"West Virginia small businesses are the heart of our economy and our economies. Mr. Weil's track record and previous statements are problematic for many West Virginia employees and business owners," Manchin said in a statement. "Ultimately, I could not support Mr. Weil because I do not believe that the health and well-being of our small businesses and the employees who rely on their success would be his utmost priority."

(The Hill)