29 U.S.C. § 552

Deputy Secretary; appointment; duties

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There is established in the Department of Labor the office of Deputy Secretary of Labor, which shall be filled by appointment by the President, by and with the advice and consent of the Senate. The Deputy Secretary shall perform such duties as may be prescribed by the Secretary of Labor or required by law. The Deputy Secretary shall (1) in case of the death, resignation, or removal from office of the Secretary, perform the duties of the Secretary until a successor is appointed, and (2) in case of the absence or sickness of the Secretary, perform the duties of the Secretary until such absence or sickness shall terminate.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 1987–2025 · leading case: Donald W. Lewis v. Internal Revenue Serv., 823 F.2d 375 (9th Cir. 1987).

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Donald W. Lewis v. Internal Revenue Serv., 823 F.2d 375 (9th Cir. 1987). · cites it 2× “” 29 U.S.C. § 552 (b)(7)(A). In order to sustain its burden of proof, the IRS must establish that it is a law enforcement agency, that the withheld documents were investigatory records compiled for law enforcement purposes, and that disclosure of those documents would interfere…”

Canning v. Nat'l Labor Relations Bd., 705 F.3d 490 (D.C. Cir. 2013). “§ 508 (Attorney General); 29 U.S.C. § 552 (Secretary of Labor), including key national security positions.”

Walsh v. Wicare Home Care Agency, LLC (M.D. Penn. 2024). · cites it 8× “find that Acting Secretary Su cannot rely on 29 U.S.C. § 552 , which outlines the powers of the Deputy Secretary when filling in for the Secretary, because the statute delineates powers on a temporary basis and does not “authorize the Deputy Secretary to assume the Secretary’s…”

Micone v. Hyundai Motor Mfg. Alabama, LLC (MAG2) (M.D. Ala. 2025). · cites it 3× “After the Secretary of Labor (who was confirmed by the Senate) resigned in March 2023, Su became the Acting Secretary of Labor pursuant to 29 U.S.C. § 552 . (Id.). While she was Acting Secretary, President Biden twice nominated her to serve as Secretary, but the Senate returned…”

Designating an Acting Dir. of the Bureau of Consum. Fin. Prot. (OLC 2017). “”); 29 U.S.C. § 552 (“The Deputy Secretary [of Labor] shall (1) in case of the death, resignation, or remov- al from office of the Secretary, perform the duties of the Secretary until a successor is appointed[.”

Designating an Acting Dir. of the Bureau of Consum. Fin. Prot. (OLC 2017). “”); 29 U.S.C. § 552 (“The Deputy Secretary [of Labor] shall (1) in case of the death, resignation, or removal from office of the Secretary, perform the duties of the Secretary until a successor is appointed[.”

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