That's because it's not an argument about which interpretation is preferable. The parent comment said it is not the secretary's job to rewrite the law (which implies that the secretary is not making law), and my argument is that that the secretary is indeed writing law.

In terms of preference, mine is not for one labor secretary's policy over another (I mean, I have a preference there, but it's beside the point here). My argument is that the labor secretary is making law here, and that is a bad thing because it is the job of Congress to make laws, which they are utterly failing to do.