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NELA Comments in Support of DOL Notice of Proposed Rulemaking on Independent Contractors

Amy DeBisschop
Division of Regulations, Legislation, and Interpretation
Wage and Hour Division
U.S. Department of Labor

 Comments on RIN 1235-AA43: Employee or Independent Contractor Classification under the Fair Labor Standards Act

Dear Ms. DeBisnaomischop:

The National Employment Lawyers Association (NELA) submits these comments in support of the U.S. Department of Labor’s (DOL’s) Notice of Proposed Rulemaking (the Proposed Rule) on the status of independent contractors under the Fair Labor Standards Act (FLSA).

Introduction

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. NELA and its 69 circuit, state, and local affiliates have a membership of over 4,000 attorneys. NELA has filed numerous amicus curiae briefs before the United States Supreme Court and other federal appellate courts, as well as comments on relevant Notices of Proposed Rulemaking. Our members are the lawyers who represent workers who are misclassified as independent contractors, and consequently deprived of the most basic protections of the FLSA and other employment and civil rights laws. Thus, NELA has both an interest in, and … Read More

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

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 employee’s workweek or exceeding 30 continuous minutes.

NELA has an important interest in the Department’s proposal.  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.  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 treated illegally in the workplace.  NELA members represent thousands of workers from around … Read More

NELA Comments On Proposed Withdrawal Of DOL Independent Contractor Rule

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 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 … Read More

NELA Comments On DOL Proposed Rescission Of Joint Employer Rule

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 rulemaking to rescind the joint employer rule because it is contrary to the express terms and purposes of the Fair Labor Standards Act (“FLSA” or “the Act”). The rule, struck down by a federal court in large part, ignores a statutory definition, Supreme Court authority, and decades of federal Circuit Court precedent with a test that would encompass almost no subcontracting companies, and would especially hurt those low-wage workers who need the protections of the FLSA the most: those who are placed in jobs via temp or staffing agencies, and those, including children, who work in heavily contracted janitorial, construction, … Read More

NELA Comments On Independent Contractor Status Under the Fair Labor Standards Act, Delay of Effective Date (RIN 1235-AA34)

Submitted via:  federalregister.gov

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-AA34: Independent Contractor Status Under the Fair Labor Standards Act, Delay of Effective Date

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 Delay of the Effective Date of RIN 1235-AA34; Fed. Reg. Vol. 86, 8326.  (February 5, 2021)

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 … Read More

NELA Comments On Proposed Delay Of Effective Date Of Tip Regulations (RIN 1235-AA21)

Amy DeBisschop
Division of Regulations, Legislation, and Interpretation
Wage & Hour Division, U.S. Department of Labor
Room S-3502
200 Constitution Avenue NW
Washington, D.C. 20210

Re: National Employment Lawyers Association (NELA) Comments on Proposed Delay of Effective Date of Tip Regulations, Regulatory Information Number (RIN) 1235-AA21

The National Employment Lawyers Association (NELA) submits these comments in favor of the Department of Labor’s (“Department” or “DOL”) February 5th Delay of the Effective Date of Tip Regulations until April 30, 2021, to permit the Department to reconsider the factual, policy, and legal issues raised by the Rule. RIN 1235-AA21; 86 Fed. Reg. 8325. (“Tip Rule”)

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.  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 treated illegally in the workplace.  NELA members represent thousands of workers from around the country in wage theft cases in every state and circuit, which … Read More

NELA Submits Comments On Notice Of Proposed Rulemaking On Classification Of Independent Contractors Under The FLSA

Submitted via www.regulations.gov

Division of Regulations, Legislation, and Interpretation
Wage and Hour Division
U.S. Department of Labor
Room S-3502
200 Constitution Avenue NW
Washington, DC 20210

Re: RIN 1235-AA34, Comments in Response to Proposed Rulemaking: Independent Contractor Status Under the Fair Labor Standards Act

To Whom It May Concern:

The National Employment Lawyers Association (NELA) is submitting these comments regarding the U.S. Department of Labor (“Department”)’s Notice of Proposed Rulemaking (NPRM) on the status of independent contractors 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, 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 … Read More