Rep. Virginia Foxx issues subpoena threat over DOL data on independent contractors

Washington — Rep. Virginia Foxx (R-NC) is threatening acting Labor Secretary Julie Su with a subpoena over her “failure to provide the requested information” on the Department of Labor’s independent contractor rule.

In a letter sent Aug. 8 to Su, the chair of the House Education and the Workforce Committee writes that she submitted three “straightforward” questions for the record after Su’s appearance before the committee on May 1:

1. Since Jan. 20, 2021, how many instances of misclassification have Wage and Hour Division inspectors found? Please provide the total number of instances across each occupation that has been subject to investigation.
2. Please provide the number of misclassification enforcement investigations WHD has initiated for each specific industry sector since Jan. 20, 2021.
3. Has DOL initiated any investigations related to misclassification based on its coordination with the National Labor Relations Board and the Federal Trade Commission? If so, please provide the number of investigations DOL has undertaken, broken down by each specific industry segment.

“Unfortunately, your responses to these [questions for the record] provided none of the requested data,” Foxx writes. “This information is important because the committee is reviewing DOL’s final independent contractor rule and determining whether and how to legislate on this matter.”

Foxx is requesting answers to the questions by Aug. 22.