On April 4, 2020, NELA signed on to an amicus brief drafted by Equal Rights Advocates, in collaboration with their law firm partner Wilkinson Walsh and former Department of Labor (DOL) and EEOC officials Patricia Shiu, Patrick Patterson, and Stuart Ishimaru, in support of the interveners seeking dismissal in Oracle America Inc. v. U.S. Department Of Labor (D.D.C. 1:19-cv-3574). Oracle, a tech giant and government contractor, filed suit against the Department of Labor and its Office of Federal Contract Compliance Programs (OFCCP) in November 2019, shortly after OFCCP launched a $400 million race and gender discrimination suit against Oracle. Oracle argues that OFCCP does not have legal authority to enforce civil rights laws – an argument that would hamper OFCCP’s important enforcement abilities and allow federal contractors to discriminate without repercussion. As the brief notes, “Oracle’s challenge ignores decades of precedent confirming that OFCCP acts well within its regulatory authority when it employs those measures necessary to enforce contractor compliance.” Over 4 million workers in the United States work for federal contractors, and OFCCP’s regulatory practices and enforcement ability ensure that the government is not doing business with employers who discriminate against workers. NELA is grateful to Equal Rights Advocates
St. James School v. Biel
On March 11, 2020, NELA and The Institute jointly filed an amicus brief with the U.S. Supreme Court in St. James School v. Biel (consolidated with Our Lady Of Guadalupe School v. Morrissey-Berru (19-348 & 19-267)) urging the court to strike a delicate balance between religious organizations’ First Amendment rights and the right for workers to be free from discrimination in the workplace. Both Biel and Morrissey-Berru arose after teachers at Catholic schools filed suit alleging discrimination when their contracts were not renewed. Both schools argued that the teachers were “ministers” as they served important religious functions in the course of their employment, and decisions surrounding their employment were therefore exempt from anti-discrimination statutes. The 9th Circuit disagreed with this assessment, upholding the Hosanna-Tabor totality-of-the-circumstances test. The brief asks the Court to uphold this current test, which requires lower courts to engage in a fact-intensive examination of four factors (the employee’s formal title; the substance reflected in that title; the individual’s own use of that title; and the important religious functions the individual performed for the religious organization) when determining if an employee is a “minister.” NELA’s brief argues that the current totality-of-the-circumstances test has proven a workable standard, … Read More
NELA Comments OPM Promotion and Internal Placement Proposed Rule
VIA VIA Electronic Submission on regulations.gov
Office of Personnel Management
1900 E Street, NW
Washington, DC 20415
Re: Promotion and Internal Placement, OPM’s Proposed Rule with Request for Comments, RIN 3206-AN77, 84 Fed. Reg. 70,906-70-908 (Dec. 26, 2019)
To Whom It May Concern:
The National Employment Lawyers Association (NELA) respectfully submits the following comments concerning the Office of Personnel Management’s (OPM) (Non-competitive) Promotion and Internal Placement Proposed Rule with Request for Comments, as published in the Federal Register at 84 Fed. Reg. 70,906-70,908 (Dec. 26, 2019).
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 who advocate for equality and justice in the American workplace. NELA and its 69 circuit, state, and local affiliates have a membership of over 4,000 attorneys who are committed to working on behalf of those who have faced illegal treatment in the workplace. NELA has filed numerous amicus curiae briefs before the United States Supreme Court and other federal appellate courts regarding the proper interpretation of federal civil rights and worker protection laws and comments on … Read More
NELA Comments On DOL Religious Exemption For Faith-Based Employers Receiving Government Funds
VIA VIA Electronic Submission to WWW.Regulations.GOV
Mark Zelden
Director, Center for Faith & Opportunity Initiatives
U.S. Department of Labor
200 Constitution Avenue NW
Washington, DC 20210
Re: Response to Proposed Rule 85 Fed.Reg. 2929-2938, RIN 1291-AA41 Docket No. DOL-2019-0006
Director Zeldon:
The National Employment Lawyers Association (NELA) respectfully submits the following comments in response to the Department of Labor’s (DOL or Department) Proposed Rule, published in the Federal Register on January 17, 2020, 85 Fed.Reg. 2929-2938, Docket No. DOL- 2019-0006.
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. NELA advances employee rights and serves lawyers who advocate for equality and justice in the American workplace. NELA and its 69 circuit, state, and local affiliates have a membership of over 4,000 attorneys who are committed to working on behalf of those who have been illegally treated in the workplace. NELA has filed numerous amicus curiae briefs before the United States Supreme Court and other federal appellate courts regarding the proper interpretation of federal civil rights and worker protection laws and comments on relevant Notices of Proposed Rulemaking (NPRMs). NELA also engages … Read More
NELA Opposition To Cory Wilson Nomination
VIA EMAIL
Re: National Employment Lawyers Association (NELA) Opposes Nomination of Cory Wilson to the U.S. District Court for the Southern District of MississippiDear Chair Graham, Ranking Member Feinstein and Members of the Senate Judiciary Committee:
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 strong opposition to the confirmation of Cory Wilson to the United States District Court for the Southern District of Mississippi. 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 lawyers who advocate for equality and justice in the American workplace. Our members represent plaintiffs in employment cases in every state, including Mississippi, where Judge Wilson has been nominated to serve on the U.S. District Court for the Southern District of Mississippi. Our members and the thousands of clients they represent afford NELA a unique perspective on how judicial decisions impact the daily lives and the rights of working people.
NELA is is committed to doing everything possible to ensure that lifetime appointments to the … Read More
NELA Comments On EEOC Proposed Rulemaking On Official Time For Federal Employees Acting As Labor Representatives
VIA Electronic Submission to www.regulations.gov
Bernadette B. Wilson
Executive Officer, Executive Secretariat
U.S. Equal Employment Opportunity Commission
131 M Street NE
Washington, DC 20507
Re: Response to Proposed Rule 84 Fed.Reg. 67,683-67,685, RIN 3046–AB00
To Whom It May Concern:
The National Employment Lawyers Association (NELA) respectfully submits the following comments in response to the Equal Employment Opportunity Commission’s (EEOC) Proposed Rule, published in the Federal Register on December 11, 2019, 84 Fed.Reg. 67,683-67,685.
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. NELA advances employee rights and serves lawyers who advocate for equality and justice in the American workplace. NELA and its 69 circuit, state, and local affiliates have a membership of over 4,000 attorneys who are committed to working on behalf of those who have been illegally treated in the workplace. NELA has filed numerous amicus curiae briefs before the United States Supreme Court and other federal appellate courts regarding the proper interpretation of federal civil rights and worker protection laws and comments on relevant Notices of Proposed Rulemaking (NPRMs). NELA also engages in legislative advocacy on behalf of workers throughout the … Read More
NELA Opposition To VanDyke Nomination
United States Senate Committee on the Judiciary
224 Dirksen Senate Office Building
Washington, DC 20510
Re: Opposition to Confirmation of Lawrence VanDyke
Dear Senator:
On behalf of the National Employment Lawyers Association (NELA) and its 4000 circuit, state, and local affiliate members across the country, we write to express our strong opposition to the confirmation of Lawrence VanDyke to be an appellate judge for the United States Court of Appeals for the Ninth Circuit.
NELA is the largest professional membership organization in the country comprised of attorneys who represent workers in labor, employment, and civil rights disputes. Founded in 1985, NELA advances employee rights and serves lawyers who advocate for equality and justice in the American workplace. Our members litigate daily in every federal district court and circuit, affording NELA a unique perspective on how employment cases actually play out on the ground and deep insight with respect to the profound impact of the judiciary on the daily lives and the rights of working people.
Mr. VanDyke Lacks The Temperament, Knowledge, And Commitment To The Truth That Are Foundational Qualifications For A Federal Judge
Extensive negative feedback about Mr. VanDyke’s termperament prompted the American Bar Association (ABA) to rate Mr. … Read More
NELA Comments On Notice Of Proposed Rulemaking RIN 1235-AA31 (Fluctuating Workweek)
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
RE: Comments Submitted on Behalf of the National Employment Lawyers Association on Notice of Proposed Rulemaking RIN 1235-AA31
Dear Ms. DeBisschop:The National Employment Lawyers Association (NELA) submits these comments to the Notice of Proposed Rulemaking by the United States Department of Labor (“the Department”) regarding the Fair Labor Standards Act of 1938 (“FLSA”), issued for comment on November 5, 2019 at 84 Federal Register 214, et seq. (the “2019 NPRM”).
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. Founded in 1985, NELA and its 69 circuit, state, and local affiliates have a membership of over 4,000 attorneys who are committed to working on behalf of those workers who have been treated illegally. NELA strives to protect the rights of its members’ clients, and regularly supports precedent-setting litigation affecting the rights of individuals in the workplace. NELA has a compelling interest in seeing that the goals of the FLSA are realized. To
National Women’s Law Center v. OMB
NELA, The Institute, and over twenty other worker and gender justice organizations signed on to an amicus brief filed on October 25, 2019, by the ACLU Women’s Rights Project with the United States Court of Appeals for the District of Columbia Circuit in the case of National Women’s Law Center v. Office of Management and Budget (No. 1:17-cv-02458-TSC). Oral argument in the case is set for Friday, January 24.
The EEO-1 Report is a compliance survey mandated by federal statute and regulation that requires large private employers and federal contractors above a certain number of employees to submit employment pay data to the EEOC every three years. Covered employers report on the race, gender, ethnicity, and job categories represented in their workforce.
In 2016 under the Obama administration, the EEO-1 was amended to require that covered employers also would have to provide compensation data on those same groups. The amended rule was finalized after two rounds of public comment. NELA, and many others submitted comments in support of the proposed changes to the rule and the amended rule requiring the added data became final and was scheduled to take effect in March 2018. The purpose of the amendment was to … Read More
NELA Letter Opposing Nomination of Sarah Pitlyk to the U. S. District Court for the Eastern District of Missouri
United States Senate Committee on the Judiciary
224 Dirksen Senate Office Building
Washington, DC 20510
Re: National Employment Lawyers Association (NELA) Opposes Nomination of Sarah Pitlyk to the U. S. District Court for the Eastern District of Missouri
Dear Chairman Graham, Ranking Member Feinstein, and Committee Members,
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 strong opposition to the confirmation of Sarah Pitlyk to be United States District Judge for the Eastern District of Missouri.
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 lawyers who advocate for equality and justice in the American workplace. Our members litigate daily in every federal district and circuit, affording NELA a unique perspective on how employment cases actually play out on the ground and an accurate understanding of the profound impact of the judiciary on the daily lives and the rights of working people.
Ms. Pitlyk Is Not Qualified To Serve As A District Court Judge
Ms. Pitlyk lacks the … Read More
NELA Supports The Pregnant Workers Act
Subcommittee Chairwoman Bonamici and Ranking Member Comer
Civil Rights and Human Services Subcommittee
House Education and Labor Committee
2176 Rayburn House Office Building
Washington, DC 20515
National Employment Lawyers Association Supports The Pregnant Workers Fairness Act
Dear Member of Congress:
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 strong support for passage of the Pregnant Workers Fairness Act (PWFA) (H.R. 2417).
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 lawyers who advocate for equality and justice in the American workplace. Our members have first-hand experience with the challenges faced by pregnant women who want nothing more than to keep working through a pregnancy and who often must keep working because they and their families need the income.
We urge you to support the Pregnant Workers Fairness Act, which is crucial to protecting working women who are pregnant. This bipartisan legislation is long overdue for the well-being and economic security of workers and the well-being of women … Read More
NELA Comments On OPM Proposed Rule Diminishing Agencies’ Ability To Settle Cases, RIN 3206-AN60
VIA Electronic Submission on regulations.gov
Office of Personnel Management
1900 E Street, NW
Washington, DC 20415
84 Fed.Reg. 48,794-48,806 (September 17, 2019)To Whom It May Concern:The National Employment Lawyers Association (NELA) respectfully submits the following comments concerning the Office of Personnel Management’s (OPM) Proposed Rule, as published in the Federal Register at 84 Fed.Reg. 48,794-48,806 (September 17, 2019).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 who advocate for equality and justice in the American workplace. NELA and its 69 circuit, state, and local affiliates have a membership of over 4,000 attorneys who are committed to working on behalf of those who have faced illegal treatment in the workplace. NELA has filed numerous amicus curiae briefs before the United States Supreme Court and other federal appellate courts regarding the proper interpretation of federal civil rights and worker protection laws and comments on relevant Notices of Proposed Rulemaking (NPRMs). NELA also engages in legislative advocacy on behalf of workers throughout the United States. A substantial number