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Well, yes and no. If you mean the labor sec shouldn't arbitrarily decide not to enforce certain laws based on ideology, I agree completely.

But if you think the labor sec should merely concern themself with robotically enforcing the most literal meaning of the labor code, I think that's dubious as well. They should be thinking more big picture than that, like about whether the laws, when enforced, achieve their ostensible purpose. In this case, I would think it means saying, "well, if we want to do right by workers, I recommend we refactor the labor system like so...". That is, pass that on to Congress and the administration.

That, I think, should be a higher priority than fighting ever harder to be technically correct on an increasingly arcane distinction.



"well, if we want to do right by workers, I recommend we refactor the labor system like so...". That is, pass that on to Congress

At which point congress is free to ignore the secretary. Ultimate authority always lies with congress. We can change that, assuming we want to change the Constitution. But today, congress is in charge of making laws. It is not in the remit of the Secretary to short circuit the Constitutional order. The best the secretary can do is, effectively, to send an email to congresspeople and senators. Which email would be a whole lot more effective coming from the voters instead of the secretary.




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