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Gig Company Association Signals Challenge to Forthcoming DOL Independent Contractor Rule Over Julie Su Serving Indefinitely As Acting Labor Secretary

The Flex Association, the trade group for gig companies like DoorDash, GrubHub, Lyft, and Uber, sent a letter to the Biden Administration demanding that the administration refrain from issuing any rules and regulations—including the U.S. Labor Department’s final SWACCA-supported independent contractor rule—until a Senate-confirmed secretary leads the Labor Department. The organization argues in the letter that any regulations or rules issued while Julie Su serves as Acting Labor Secretary do not have political legitimacy or constitutional authority. The letter indicates a possible challenge is likely to the legitimacy of Su’s tenure as Acting Secretary and any rules issued during it.

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