Senator Kyrsten Sinema (D-AZ) gives remarks before President Joe Biden signs the Infrastructure Investment and Jobs Act, Monday, November 15, 2021, on the South Lawn of the White House. (Official White House Photo by Cameron Smith)
Biden’s woes seem to be getting worse in Washington as yet another nominee has been blocked from confirmation by Senate Democrats.
Biden had backed David Weil, a union favorite, to run the Labor Department’s Wage and Hour Division, bit in a political pushback move, three senate Democrats opposed him.
Mark Kelly (D.-Ariz.), Kyrsten Sinema (D.-Ariz.), and Joe Manchin (D.-W.V.) opposed the nomination of Weil who held the same exact position during the Obama administration. Weil made it his purpose to destroy the franchise business model as well as the gig economy model as the modern world understands them in favor of unions.
Mr. Weil had the same job in the Obama Administration, when he sought to destroy the franchise business model and gig economy as Americans know them. President Biden nominated him for a second stint on the expectation that he would impose via regulation much of Big Labor’s Pro Act that has failed to pass the Senate.
Mr. Weil’s joint-employer guidance during the Obama years held corporations jointly liable for their franchisee minimum-wage and overtime violations. Unions want to erase the distinction between corporations and franchisees to make it easier to organize.
Mr. Weil also redefined most independent contractors as “employees.” This meant so-called gig economy companies like Uber and Instacart would have to schedule shifts in advance, reducing worker flexibility and customer convenience, and raising costs.
California’s AB5 law reclassifying most independent contractors as employees was inspired by none other than Mr. Weil. And this may be one reason the two Democratic Senators from Arizona opposed his nomination. They’ve seen the headaches the law has created for business and workers next door, and they don’t want them coming to Arizona. More workers have embraced freelancing during the pandemic. So why would Mr. Biden nominate someone to a top Labor job who wants to kill their jobs?
The defeat is embarrassing as moderate Democrats have joined forced to block Biden’s radical nominees which they feel could hurt their chances in 2022.