Ed and Workforce Chair Foxx (R-NC) Threatens to Subpoena DOL for Failure to Answer Questions Regarding Attempts to “Eliminate the Independent Contractor Model”
House Education and the Workforce Committee Chair Virginia Foxx (R-NC) threatened to subpoena Acting Labor Secretary Julie Su for “failure to provide responses and data regarding worker misclassification.” In the letter, Foxx says, “the Committee on Education and the Workforce is continuing to seek information about the Biden-Harris administration’s efforts to eliminate the independent contractor model and classify as many workers as employees as possible in order to increase government control over workers.” Foxx goes on to say that “DOL’s responses to previous questions and requests for data leave the Committee without needed insights regarding DOL’s implementation of the Fair Labor Standards Act.”
Foxx is seeking answers to several questions including: (1) how many instances of misclassification Wage and Hour Division (WHD) inspectors have found, including the total number of instances across each occupation that has been subject to investigation; (2) how many misclassification enforcement investigations WHD has initiated for each specific industry sector since January 20, 2021; and (3) whether DOL has initiated any investigations related to misclassification based on its coordination with the National Labor Relations Board and the Federal Trade Commission. Foxx concluded her letter saying that DOL’s “failure to provide complete responses to oversight on this matter could lead the Committee to take compulsory action.”
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