Her nomination has faced stiff pushback from Republicans, and in July, Sen. Joe Manchin, D-W.Va., said he would not support her this time around. That means to be confirmed, she would need all 50 remaining senators who caucus with the Democrats to support her and Vice President Kamala Harris to cast a tiebreaking vote.
But Majority Leader Chuck Schumer, D-N.Y., has yet to bring her nomination before the full Senate, signaling other moderate Democrats may also oppose her nomination.
Because Su wasn't confirmed last year, she had to be renominated in the second session of the 118th Congress, which began Jan. 3. Despite the pushback, Biden renominated her Jan. 8.
And on Feb. 27, the Senate HELP committee advanced her nomination in a closed session. The committee advanced her original nomination in April in an 11-10 vote.
"In her tenure as acting secretary, Julie Su has proved she is eminently qualified to continue leading the Department of Labor," said Sen. Chris Murphy, D-Conn., in a statement. "We have seen record-breaking numbers of new good-paying jobs, a huge expansion of workforce development programs, and the most pro-worker agenda ever. I was proud to advance her nomination today and am hopeful for her confirmation."
On the other side, Sen. Bill Cassidy, R-La., the HELP Committee's ranking member, criticized Chair Bernie Sanders, I-Vt., for not holding another public hearing to consider Su's nomination.
"Since Julie Su's first nomination hearing, the concerns over her leadership of DOL have only grown," Cassidy said. "Ms. Su has continued to build a troubling record as acting DOL secretary, implementing policies that promote large labor unions at the expense of workers and economic growth."
Lawmakers who oppose her nomination, such as Cassidy, have criticized her past work experience, specifically when she served as the secretary of the California Labor & Workforce Development Agency, and her previous support of a California law that classified more workers as employees instead of independent contractors.
Republicans have raised questions over Su's ability to serve as acting secretary in perpetuity, but in September, the Government Accountability Office maintained that she can continue serving in the role without Senate confirmation.