NELA

Empowering Workers' Rights Attorneys

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.

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Diversify The Federal Bench

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.

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Partner With The DOL Wage & Hour Division And The EEOC

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.

NELA Legislative Watch

NELA tracks the following issues and bills, which have been introduced or are expected to be re-introduced in the 117th Congress:

  • Expanding and Protecting Overtime Pay
  • Gig Worker Protections
  • Lower Court Expansion
  • BE HEARD in the Workplace Act/EMPOWER Act
    (anti-workplace harassment bills)*
  • Equality Act
  • Paycheck Fairness Act
  • Pregnant Workers’ Fairness Act
  • 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 Strongly Support The Nomination Of Jennifer Sung To The U.S. Court of Appeals For The Ninth Circuit

September 13, 2021

Dear Chairman Durbin and Ranking Member Grassley: On behalf of the National Employment Lawyers Association (NELA), and its 4,000 circuit, state, and local affiliate members across the country, we write to express our strongest possible recommendation that Jennifer Sung be confirmed to serve as a judge on the U.S. Court of Appeals for the Ninth Circuit— a court that, among other things, oversees federal action on workers’ rights. NELA is the largest professional membership organization in the country comprised of lawyers who represent workers in labor, employment, and civil rights disputes. Founded in 1985, NELA advances employee rights and serves […]

NELA Files Comments With DOL Supporting Minimum Wage Increase For Federal Workers

August 27, 2021

Division of Regulations, Legislation, and Interpretation Wage and Hour Division U.S. Department of Labor Re: RIN 1235-AA41, Comments in Response to Proposed Rulemaking: Increasing the Minimum Wage for Federal Contractors To Whom It May Concern: The National Employment Lawyers Association (“NELA”) is submitting these comments regarding the U.S. Department of Labor’s Notice of Proposed Rulemaking (“NPRM”) on the increased minimum wage for federal contractors. 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 advance employee rights and serve lawyers […]

NELA Comments On DOL Tip Regulations Under The Fair Labor Standards Act: Partial Withdrawal

August 17, 2021

Amy DeBisschop Division of Regulations, Legislation, and Interpretation Wage and Hour Division U.S. Department of Labor Comments on Regulatory Information Number (RIN) 1235-AA21: Tip Regulations under the Fair Labor Standards Act: Partial Withdrawal Dear Ms. DeBisschop: The National Employment Lawyers Association (NELA) supports the above-referenced Department of Labor (“Department” or “DOL”) proposed rulemaking, which clarifies that an employer may only take a tip credit when tipped employees perform work that produces tips or a non-substantial amount of work that directly supports tip-producing work, and defines “substantial amount of time” as more than 20 percent of all hours worked during the […]

NELA Comments On Proposed Withdrawal Of DOL Independent Contractor Rule

April 7, 2021

Amy DeBisschop Division of Regulations, Legislation, and Interpretation Wage and Hour Division U.S. Department of Labor, Room S-3502 200 Constitution Avenue NW Washington, D.C. 20210 NELA Comments on RIN 1235-AA34:  Independent Contractor Status Under the Fair Labor Standards Act; Withdrawal Dear Ms. DeBisschop: The National Employment Lawyers Association (“NELA”) submits these comments on the Department of Labor’s (“Department” or “DOL”) Request for Comment on Withdrawal of RIN 1235-AA34; Fed. Reg. Vol. 86, 14027 (March 12, 2021), following publication of a final Independent Contractor Rule (“Rule”) and delay of the effective date of the Rule.[1] NELA is the largest professional membership […]

NELA Comments On DOL Proposed Rescission Of Joint Employer Rule

April 7, 2021

Amy DeBisschop  Division of Regulations, Legislation, and  Interpretation  Wage and Hour Division   U.S. Department of Labor, Room S-3502  200 Constitution Avenue NW  Washington, D.C. 20210  Comments on RIN 1235-AA37: Rescission of Joint Employer Status Under the Fair Labor Standards Act   Dear Ms. DeBisschop:  On March 12, 2021, the Department of Labor (“Department” or “DOL”) published Rescission of Joint Employer Status Under the Fair Labor Standards Act, RIN 1235-AA37 (“notice”), which seeks comments on DOL’s proposal to rescind the final rule interpreting joint employment under the Fair Labor Standards Act (“joint employer rule”).  The National Employment Lawyers Association (“NELA”) supports the Department’s proposed […]

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