President Biden’s nominee for a key position in the Labor Department was rejected by the Senate on Wednesday — with three Democrats joining all 50 Republicans to vote against the pick.
The vote to advance David Weil’s nomination to head up the Labor Department’s Wage and Hour Division failed 53-47 as Sens. Joe Manchin of West Virginia and Kyrsten Sinema and Mark Kelly of Arizona opposed the nomination.
The vote to end debate on the nomination only needed a simple majority to pass.
Weil, who held the same position in the Obama administration, faced stiff opposition from Senate Republicans, who claimed he would impose overly burdensome regulations affecting small businesses and independent contractors. Business groups had also expressed vehement opposition to Weil, a dean at Brandeis University, for his belief that corporations like McDonald’s should be liable for actions by franchisees.
Sen. Mark Kelly opposed the confirmation but has not released an official statement on why he opposed it. Julia Nikhinson/Bloomberg via Getty Images
Sen. Joe Manchin also opposed the nomination and also failed to give a reason why. REUTERS/Sarah Silbiger“Mr. Weil’s track record and previous statements are problematic for many West Virginia employees and business owners,” Manchin said in a Thursday statement. “Ultimately, I could not support Mr. Weil because I do not believe that the health and well-being of our small businesses and the employees who rely on their success would be his utmost priority.”
A spokesperson for Sinema told CNN that the lawmaker “has concerns” about Weil’s “ability to faithfully execute and uphold the law.” Kelly did not elaborate on his reasons for voting down the nomination.
Weil’s nomination was the first by Biden to be defeated on the Senate floor. Notable names who have withdrawn from consideration for executive branch posts include Neera Tanden (Office of Management and Budget), David Chipman (Bureau of Alcohol, Tobacco, Firearms and Explosives) and Sarah Bloom Raskin (Federal Reserve Board of Governors).
Sen. Kyrsten Sinema said she had “concerns” about Weil’s “ability to faithfully execute and uphold the law.” REUTERS/Elizabeth FrantzSen. Patty Murray (D-Wash.), chairwoman of the Senate Health, Education, Labor and Pensions Committee, which held hearings on Weil’s nomination, said she was “incredibly disappointed” and called him “an exceptionally qualified nominee with a long track record fighting to ensure workers get the wages they have earned.”
“Despite this outcome, I will never stop fighting for working families and for a fully staffed DOL with leaders committed to protecting workers,” Murray added.
“Tonight’s vote sends a strong signal that Americans and small business owners are tired of overregulation and policies that make it harder to provide for their employees and grow their business,” International Franchise Association president Matthew Haller said in a statement on Wednesday.
The nomination was the first one to fail after Biden’s year in office. Anna Moneymaker/Getty Images“IFA is proud of our members who made their voice heard and will continue to work with the Administration and Congress to protect the franchise business model and the countless opportunities it provides,” he added.






