He becomes the first Biden nominee to fail in a vote.

Biden’s nominee to lead the Labor Department’s Wage and Hour Division has been rejected thanks to three Democrat senators who joined Republicans in a 47-53 final vote.

David Weil faced intense criticism from Republicans over his role in the Obama administration. He came under scrutiny for his policy decisions surrounding independent contractors, joint employment designations, and overtime pay.

Senators Kyrsten Sinema (D-AZ), Mark Kelly (D-AZ), and Joe Manchin (D-WV) were the only Democrats to vote no.

“Upon reviewing Mr. Weil’s nomination, she has concerns with his ability to faithfully execute and uphold the law,” Sinema’s spokesperson said to CNN.

The International Franchise Association (IFA) thanked Republicans and the three Democrats for “standing up for local franchise businesses and workers across the country” in a statement to The Hill.

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