Sinema, Kelly join to help torpedo nominee for key Labor Department post

Sens. Kyrsten Sinema and Mark Kelly helped torpedo President Joe Biden’s pick to lead an important division of the Labor Department.

Sinema and Kelly, both Arizona Democrats, joined Wednesday with centrist Sen. Joe Manchin, D-W.Va., and Senate Republicans to block a full Senate vote to confirm David Weil as the head of the department’s Wage and Hour Division.

The 47-53 vote to advance Weil’s nomination in the evenly divided chamber marked the first time a Biden nomination failed on the Senate floor.

The late-night vote came as Weil came under fire by conservatives and business groups for his work in the same role during the Obama administration, largely over his more restrictive standard for identifying independent contractors. It is a view that would expand business responsibilities to more workers.

Business-friendly groups blitzed Arizona's senators with appeals to shoot down the nomination, including digital and billboard campaigns as Weil’s nomination languished last fall.

Sinema, who has supported other Biden Labor Department nominees and is viewed as business-friendly, had some concerns with Weil’s previous tenure, when a federal court found the department exceeded its rule-making authority.

With all nominees, Sinema applies a three-part test where she examines whether they are qualified for the job, whether they believe in the mission of the agency and whether they can be trusted to uphold the law.

“Upon reviewing Mr. Weil’s nomination, she has concerns with his ability to faithfully execute and uphold the law,” Sinema’s spokesperson Hannah Hurley said in a statement to The Arizona Republic.

Weil’s views on independent-contractor status ultimately settled Kelly’s decision.

“Senator Kelly heard concerns from many Arizona small businesses about this nominee’s record, and ultimately shared those concerns and could not support the nomination,” Kelly’s spokesperson Jacob Peters said in a written statement.