The Government Accountability Office (GAO) General Counsel issued a memo determining that Acting Labor Secretary, Julie Su, can continue serving in her temporary role until a successor is appointed, and that the Vacancies Act’s time limitations do not apply to her service. Congressional Republicans, led by House Education and the Workforce Committee Chair Rep. Virginia Foxx (R-NC), have challenged her acting role and ability to issue and enforce regulations due to conflicting rules. The Vacancies Act states that acting secretaries can only serve for a maximum of 210 days, while another law allows the deputy secretary to perform the duties of the secretary until a successor is appointed. Su was confirmed as deputy secretary of Labor in July 2021. Previously, Su served as the secretary for the California Labor and Workforce Development Agency (LWDA) from January 2019 until assuming her role at the federal agency, as a California labor commissioner (2011-2018), and also spent 17 years as a civil rights attorney.
