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who win employment discrimination cases cannot receive a jury’s full award for the harm they endured because of an outdated and unfair provision in a 1991 law that caps such damage awards.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

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 […]

Strengthening Workers’ Rights: Kalpana Kotagal Confirmed as EEOC Commissioner

July 13, 2023

NELA celebrates the confirmation of Kalpana Kotagal as the newest commissioner of the Equal Employment Opportunity Commission (EEOC). Ms. Kotagal’s extensive record of fairness and justice will strengthen the EEOC as it continues its mission to protect workers from discrimination. Ms. Kotagal has extensive litigation experience handling cases on behalf of employees under a range of federal civil rights and employment discrimination statutes, including Title VII of the Civil Rights Act, the Pregnancy Discrimination Act (PDA), the Equal Pay Act, the Rehabilitation Act, the Fair Labor Standards Act (FLSA), the Family Medical Leave Act (FMLA), and the Americans with Disabilities […]

Thomas v. JSTC

May 26, 2023

On May 26, NELA and Public Justice jointly filed an amicus brief in the Eleventh Circuit matter of Thomas v. JSTC (No. 22-14191), encouraging the court to distinguish the appropriate standard of review for approval of opt-in FLSA settlements from Rule 23 class action settlements. In this case, the lower court approved every aspect of a proposed settlement except separately negotiated payments to the named plaintiffs in exchange for a general release, on the grounds that such payments constituted inappropriate service awards under precedent set in a Rule 23 opt-out class action case. Although courts retain substantial discretion as to […]

NELA Urges Vote On Nomination of Julie Su As Labor Secretary

May 24, 2023

Dear Majority Leader Schumer: The National Employment Lawyers’ Association (NELA) and the National Institute for Workers’ Rights strongly urge a vote on President Biden’s Labor Secretary nominee Julie Su next week. NELA members advocate for equality and justice for workers across the country every day, and we work closely with the Department of Labor to enforce the laws that protect the rights of workers. In our experience, both workers and employers benefit from clear leadership and direction from the agencies that enforce the laws governing the workplace. Julie Su is an excellent, well-qualified choice to continue the work that she […]

NELA Comment on FTC’s Notice of Proposed Rulemaking, entitled, “Non-Compete Clause Rule.”

April 24, 2023

Dear Chair Khan: The National Employment Lawyers Association (NELA) and the National Institute for Workers’ Rights (“Institute”) submits these comments in support of the Federal Trade Commission’s Notice of Proposed Rulemaking, entitled, “Non-Compete Clause Rule.” NELA is a national professional membership organization of and for lawyers who represent employees in all aspects of employment law. The largest organization of its kind in the country, NELA, together with its 69 circuit, state, and local affiliates, has more than 4000 members nationwide who variously represent employees in discrimination, whistleblower, wage and hour, health and safety, and contract disputes and who advise employees, […]

VIEW ALL