She was confirmed by the U.S. Senate on February 4, 2010, assumed her duties on March 1, 2010, had her swearing-in ceremony on April 23, 2010, and remained in office until January 19, 2017.

She was also in charge of the New York State's Misclassification task force and Co-Chair of the Governors Economic Security Sub Cabinet.

Prior to that Smith spent ten years at federally funded legal services programs in Connecticut and Indiana, starting as a Staff Attorney and ending as Assistant Litigation Director.

[3] President Barack Obama nominated Smith to be solicitor, which is the third-highest-ranking person in the Labor Department, on April 20, 2009.

Smith told senators that state officials had developed the program, but documents later showed that a union and a public interest entity also had been involved.

[5] Republicans had noted that Senate Majority Leader Harry Reid had filed for cloture vote before then Senator-elect Scott Brown was seated.