Senate Rejects David Weil’s Nomination as WHD Administrator

David Weil’s nomination to head the Department of Labor’s (DOL) Wage and Hour Division (WHD) failed on the Senate floor in a 47-53 vote. In January, IWLA joined 13 other prominent business groups in a letter addressed to Senate leaders urging them to reject Weil’s nomination. The business groups cited Weil’s track record of bias against employers and their shared concern that Weil policies would harm workers and small businesses as justification for their opposition.

From 2014 to 2017, Weil served as then President Obama’s WHD Administrator. During that time, Weil oversaw the adoption of a strict standard for classifying employees as independent contractors, broadened the definition by which employers are considered liable joint employers under the Fair Labor Standards Act, and revised a white-collar overtime rule that was later found by a federal court to exceed DOL’s rule-making authority.

Senators Joe Manchin (D-WV), Krysten Sinema (D-AZ), and Mark Kelly (D-AZ) joined all fifty of their Republican colleagues in denying Weil a second stint as Administrator of the WHD.

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