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

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 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. NELA also engages in legislative advocacy on behalf of workers throughout the United States. Many NELA members represent workers … 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 And The Institute Mourn The Passing Of AFL-CIO President Richard Trumka

The National Employment Lawyers Association (NELA) and The Employee Rights Advocacy Institute For Law & Policy (The Institute) mourn the sudden passing of AFL-CIO President Richard Trumka.

From his beginnings as a coal miner in Pennsylvania, to rising through the leadership ranks of the AFL-CIO, Trumka knew from the ground up what it meant to be a member of America’s labor force. A fearsome advocate for the rights of workers, Trumka championed the right to unionize and bargain collectively, the importance of equitable wages, and a safe and respectful workplace—principles that form the basis of NELA’s and The Institute’s continued work in employment law and public policy.

We extend our thoughts and wishes of comfort to his loved ones and colleagues.

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Morgan v. United States Soccer Federation

On July 30, NELA and 63 other organizations signed on to the National Women’s Law Center amicus brief in the 9th Circuit case Morgan v. United States Soccer Federation. This high-profile case concerns the pay disparity between the US men’s and women’s soccer teams. Amici submit this brief to provide additional context regarding the broader struggle for women’s pay equity and to highlight significant errors in the district court’s decision. The gender wage gap harms hundreds of millions of women in the United States and is persistent across every segment of the labor market, including professional sports, where women receive fewer resources, less support, and far less pay. The district court’s erroneous interpretation of the EPA and Title VII-and its endorsement of the blatant pay disparities here-threatens to perpetuate unequal pay and thus, gender discrimination. We are grateful to NWLC for the opportunity to sign on to this important brief.

… Read More
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NELA Submits Comments On The Department Of Labor’s Proposed Partial Withdrawal Of The Trump-Era Tip Rule

Submitted via https://www.regulations.gov/document/WHD-2019-0004-0496

Re: RIN 1235-AA21, Comments in Response to Proposed Rule, Tip Regulations Under the Fair Labor Standard Act (FLSA); Partial Withdrawal

Dear Ms. DeBisschop:

The National Employment Lawyers Association (NELA) writes in response to the United States Department of Labor’s (“the Department’s”) Notice of Proposed Rulemaking (“NPRM”),[1] whereby the Department proposes to withdraw and re-propose portions of the 2020 Tip Regulations Under the Fair Labor Standards Act (“FLSA”) (“2020 Tip Rule”), removing the requirement that violations of Section 3(m)(2)(B) of the FLSA must be “repeated or willful” for the Department to impose a civil monetary penalty. The NPRM also maintains the portion of the 2020 Tip Rule stating that an employer’s failure to heed warnings and advice of the Wage and Hour Division (“WHD”) that conduct is unlawful may constitute a knowing (and therefore willful) violation but does not create a presumption of a willful violation of the law. The Department further solicits comment on whether to revise other aspects of the 2020 Tip Rule, including the portions of the rule addressing “managers or supervisors” and the recordkeeping requirements.

NELA has an important interest in the Department’s proposal.  NELA is the largest professional membership organization in the … 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 Applauds First Slate Of President Biden’s Judicial Nominations

Today President Biden announced the nomination of 11 judges to serve on the Federal Circuit and District Courts, as well as the Superior Court for the District of Columbia. The National Employment Lawyers Association (NELA) applauds the Administration’s commitment to nominating highly qualified judges who are fair-minded and come from diverse backgrounds. This slate of nominees includes four Black women, as well as four AAPI nominees. Several of these nominees have served as public defenders.  

This slate of nominees represents a critically important step toward long overdue diversity on the federal bench. Both common sense and research tell us that demographic and professional diversity on the bench are essential to ensure that workers have a fair shot at justice.

We call on the Senate to ensure swift confirmation of these nominees. And we will continue to urge the Biden Administration to bring to the Courts even more diversity—in all its forms—to be truly representative of our country’s working people.

President Biden Announces Intent to Nominate 11 Judicial Candidates

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Paul H. Tobias, NELA Founder, Passes Away

NELA and The Institute are profoundly saddened by the passing of our Founder and first Executive Director Paul H. Tobias. Today we lost a giant, not just in plaintiffs’ employment law, but in the profession as a whole.

Paul was a visionary with tremendous compassion for working people, and he, along with a few of his colleagues, conceptualized a nationwide network to support attorneys who advocate for workers. With a handshake and an encouraging word for everyone who joined the fight, Paul spread the Just Cause Conspiracy. More than three decades later, NELA is the largest plaintiffs’ employment bar in the country, with more than 2,000 members and 69 state and local affiliates.

Paul’s belief that great things can be accomplished through a spirit of collaboration and community will continue to serve as our guiding light. He captured people’s imagination about what the workers’ rights community could accomplish together if we shared our knowledge and resources. He leaves a legacy that drives us all to work harder for equity and justice in the workplace. For that, and for his kind and generous nature, he will be greatly missed.

We will be in touch with information on a celebration of … Read More

Justice Restored: Ending Forced Arbitration and Protecting Fundamental Rights

Submitted Testimony of Laura M. Flegel, National Employment Lawyers Association and The Employee Rights Advocacy Institute For Law & Policy Legislative & Public Policy Director to the Subcommittee on Antitrust, Commercial, and Administrative Law Committee on the Judiciary United States House of Representatives on Justice Restored: Ending Forced Arbitration and Protecting Fundamental Rights

    1. Introduction Founded in 1985, the National Employment Lawyers Association (NELA) is the largest bar association in the country focused solely on empowering workers’ rights attorneys. NELA and its 69 circuit, state, and local affiliates have a combined membership of over 4,000 attorneys who are committed to protecting the rights of workers in employment, wage and hour, labor, and civil rights disputes. For more than two decades, NELA has called on Congress to end the insidious corporate practice of forcing workers and consumers to address disputes in secret, one-sided arbitration proceedings because the evidence demonstrates that forced arbitration is harmful to workers.Founded in 2008, The Employee Rights Advocacy Institute For Law & Policy (“The Institute”) is the related charitable public interest organization of NELA. The Institute advances workers’ rights through research, thought leadership, and education for policymakers, advocates, and the public. Since its inception, The Institute has studied
… Read More