Legislative and Public Policy

The National Employment Lawyers Association (NELA) is at the forefront of efforts to advance equality and justice in the American workplace through federal legislation and public policy. Since NELA’s inception, we have lobbied and provided technical assistance to Congress on scores of federal legislation that bring us closer to achieving our mission. Visit our About NELA page for more information about our work..

Legislative & Public Policy Priorities

In fulfilling our mission, NELA has adopted the following federal legislative and public policy priorities:

End Forced Arbitration

The FAIR Act

NELA has prioritized ending forced arbitration of employment claims for more than two decades. After years of inaction on this issue, passage of the Forced Arbitration Injustice Repeal (FAIR) Act in the House in the 116th Congress was a major victory. NELA will continue to work with allies to educate Members of Congress and gain passage of the FAIR Act in the 117th Congress.

Judicial Nominations

NELA will continue to be an active and prominent advocate for nominees who represent both demographic and professional diversity. Our goal is to ensure that when working people go to court, their cases will be decided by a qualified, fair-minded judge who is committed to upholding the laws that were enacted to protect working people.

Administrative Advocacy

NELA, with our wealth of expert practitioners, is well-positioned to provide substantial input and information and to influence regulatory action, as well as other policy matters at the Department of Labor, Wage & Hour Division and the EEOC. We are developing two robust working groups of NELA subject matter experts to engage in dialogue, advocacy, and collaborative problem-solving with leadership at both agencies on a regular basis.

Damage Caps

Helping workers can get the justice they deserve.

NELA members know all too well that workers who win employment discrimination cases cannot receive a jury’s full award for the harm they endured because of an outdated and unfair provision in a 1991 law that caps such damage awards. During NELA’s 2023 Annual Convention in Chicago, we shared our vision to eliminate damage caps, exploring ways to fix this unfair practice including potential legislation. For more information, contact Jeffrey Mittman, Executive Director, at jmittman@nelahq.org.

NELA Legislative Watch

NELA tracks the following issues and bills, which have been introduced or are expected to be re-introduced in the 118th Congress:

Expanding and Protecting Overtime Pay
Gig Worker Protections
Lower Court Expansion
BE HEARD in the Workplace Act/EMPOWER Act
(anti-workplace harassment bills)*
Court Legal Access and Student Support (CLASS) Act
Equality Act
Paycheck Fairness Act
Pregnant Workers’ Fairness Act (passed and effective June 27, 2023)
Protecting Older Workers Against Discrimination Act (POWADA)*

* Denotes bills with which NELA had substantial involvement in the past working with Congressional offices on drafting and lobbying.

What’s New in Washington

NELA Statement on FTC’s New Rule Banning Non-Compete Clauses

April 23, 2024

The National Employment Lawyers Association (NELA) applauds the Federal Trade Commission’s (FTC) rule banning non-compete clauses, putting power back into the hands of workers to make decisions about where they work and what’s best for their families. NELA members have been fighting coercive non-competes for their clients for decades and understand how these clauses stifle workers and limit their potential. NELA supports the FTC’s final rule, which bans new non-competes for all workers of for-profit companies and invalidates those companies’ existing non-competes, except for non-competes executed by “senior executives” before the FTC’s final rule takes effect. NELA submitted comments supporting […]

Comments on the EEOC’s Proposed Enforcement Guidance for Harassment

October 31, 2023

Charlotte A. Burrows, Chair U.S. Equal Employment Opportunity Commission Washington, DC 20507 Submitted via regulations.gov RE: RIN 3046–ZA02, Proposed Enforcement Guidance on Harassment in the Workplace Dear Chair Burrows: The National Employment Lawyers Association (“NELA”) submits these comments in support of the Equal Employment Opportunity Commission’s (“EEOC”) Proposed Enforcement Guidance on Harassment in the Workplace (“Proposed Guidance”).[1] As an organization that aspires to a future in which all workers are treated with dignity and respect; workplaces are equitable, diverse, and inclusive; and the well-being of workers is a priority in business practices, we are committed to reducing all forms of […]

Comments Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees

October 31, 2023

Submitted via www.regulations.gov Re: National Employment Lawyers Association’s Comments Regarding RIN 1235-AA39 – Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees Dear Ms. DeBisschop: This letter provides the Department of Labor (DOL) with the collective comments of more than 1,500 members of the National Employment Lawyers Association (NELA) and its 69 affiliates concerning the proposed changes to the regulations applicable to executive, administrative, and professional employees (“the EAP exemption”) under the Fair Labor Standards Act (FLSA). NELA is the largest professional membership organization in the country comprised of lawyers who represent employees in labor, […]

Comments Concerning the Office of Personnel Management (OPM)’s Proposed Rule Upholding Civil Service Protections and Merit System Principles

October 25, 2023

Submitted via www.regulations.gov Timothy Curry Deputy Associate Director, Accountability and Workforce Relations U.S. Office of Personnel Management Re: Proposed Rule; RIN 3206-AO56; 88 Fed.Reg. 63,862-63,885 (September 18, 2023) Dear Deputy Associate Director Curry: The National Employment Lawyers Association (NELA) respectfully submits the following comments concerning the Office of Personnel Management (OPM)’s Proposed Rule with Request for Comments, as published in the Federal Register at 88 Fed.Reg. 63,862-63,885 (September 18, 2023). NELA is the largest professional membership organization in the country comprised of lawyers who represent employees in labor, employment, wage and hour, and civil rights disputes. Our mission is to […]

A Win for Workers: Karla Gilbride Confirmed as General Counsel to the EEOC

October 18, 2023

NELA celebrates the confirmation of Karla Gilbride as the Equal Employment Opportunity Commission’s (EEOC) General Counsel. Ms. Gilbride’s breadth of experience makes her well qualified to coordinate regional and field office litigation to maximize enforcement of federal employment anti-discrimination laws in harmony with the broader strategy of the agency. The EEOC is the first defense for workers seeking justice when they have experienced discrimination, harassment, or other illegal treatment at their place of employment. In her hearing before the Senate HELP Committee, Ms. Gilbride’s responses demonstrated her deep knowledge of the issues for which the EEOC has responsibility and her […]

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