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NELA Comments on Federal Sector Public Portal Issues at EEOC

Re: Notice of Proposed Rulemaking; RIN 3046-AB23; 87 Fed.Reg. 58469-58471 (September 27, 2022)

Dear Ms. Kahn:

The National Employment Lawyers Association (NELA) respectfully submits the following comments concerning the Equal Employment Opportunity Commission’s Notice of Proposed Rulemaking, as published in the Federal Register at 87 Fed.Reg. 58469-58471 (September 27, 2022).

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 worker’s 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 regularly on relevant proposed rules. NELA also engages in legislative advocacy on behalf of workers throughout the United States. A substantial number of NELA members’ clients are federal employees with discrimination complaints. NELA, therefore, has an interest in regulations … Read More

NELA Supports the Nomination of Jamal Whitehead to the U.S. District Court for the Western District of Washington

The Honorable Richard J. Durbin
Chair, Senate Judiciary Committee
U.S. Senator for the State of Illinois

The Honorable Charles Grassley
Ranking Member, Senate Judiciary Committee
U.S. Senator for the State of Iowa

Re: Confirmation of Jamal Whitehead to the United States District Court for the Western District of Washington

Dear Chair 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 endorsement of  Jamal Whitehead to be confirmed as a District Court judge for the Western District of Washington—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 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 … Read More

Holder v. A&L Homecare

On June 29, 2022, NELA filed an amicus brief in Holder v. A&L Homecare (22-3101), urging the 6th Circuit to maintain a 2-step FLSA certification process. This case addresses A&L Homecare’s attempt to avoid an FLSA collective action by arguing in favor of the much more restrictive process adopted in the 5th Circuit Swales decision.  The brief addressed the history of collective actions and why courts across the country (including in the 6th Circuit) have rejected Swales. As the brief states, “It is often said that experience is the best teacher. Experience shows that the two-step method is a reliable tool for handling FLSA collective actions. As virtually every Circuit Court has done, this Court should affirm its use.” NELA is grateful to NELA Members Clif Alexander and Lauren Braddy, Anderson Alexander PLLC (TX), Richard Burch, Brucker Burch PLLC (TX), NELA Member Sarah Schalman-Bergen and Olena Savytska, Lichten & Liss-Riordan, P.C. (MA) for drafting the amicus brief.… Read More

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NELA Stands Against Dobbs’ Assault on Reproductive Justice

For immediate release
Concord, CA – June 24, 2022
Contact: Andrea Hansen, (509) 306-1867, ahansen@flyingcrow.com

Since the founding of the National Employment Lawyers Association (NELA) in 1985, and the National Institute for Workers’ Rights in 2008, our shared vision for working people has remained constant: a future in which all workers are treated with dignity and respect; workplaces are equitable, diverse, and inclusive; and the well-being of workers is a priority in business practices. Full civil rights and equality for women and people of color are essential to workplace equity.

As a result of the U.S. Supreme Court’s ruling today in Dobbs v. Jackson Women’s Health Organization, abortion services will become unavailable to millions of workers across the country. By permitting states to interfere in the private medical decisions of those who are pregnant, the economic security and physical safety of all women are now at risk. This risk will be disproportionately borne by low-income workers and families, and by women of color.

NELA lawyers represent workers in all fifty states and fight daily mistreatment by employers–including gender, race, and pregnancy discrimination, sexual harassment and assault, and denial of benefits.

Linda Correia, President of NELA and Institute board member stated: … Read More

NELA Supports Strengthening the Office of Personnel Management’s Proposed “Ban the Box” Rule

RE: FAIR CHANCE ACT — Comments on Proposed Rule with Request for Comments, RIN 3206-AO00; 87 Fed.Reg. 24,885-24,903 (April 27, 2022)

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 with Request for Comments, as published in the Federal Register at 24,885-24,903 (April 27, 2022).  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 workers’ 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 proposed rules. NELA also engages in legislative advocacy on behalf of workers throughout the United States. A substantial number of NELA members’ clients are federal employees … Read More

NELA Opposes the Office of Government Ethics’ Proposed Rule Requiring Disclosure of Terms of Representation

Re: Office of Government Ethics Proposed Rule—Legal Expense Fund Regulation; RIN 3209-AA50; 87 Fed. Reg. 23769-23780 (April 21, 2022)

To Whom It May Concern:

The National Employment Lawyers Association (NELA) respectfully submits the following comments concerning the Office of Government Ethics’ (OGE) Proposed Rule—Legal Expense Fund Regulation, as published in the Federal Register at 87 Fed. Reg. 23769-23780 (April 21, 2022). 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 workers’ 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 proposed rules. NELA also engages in legislative advocacy on behalf of workers throughout the United States. A substantial number of NELA members’ clients are federal employees. … Read More

The National Employment Lawyers Association (NELA) Celebrates the Historic Appointment of Judge Ketanji Brown Jackson to the U. S. Supreme Court

By a vote of 53 to 47, the Senate today confirmed the appointment of Ketanji Brown Jackson to the United States Supreme Court, making her the first Black woman justice to serve on the high court in its 233-year history. All 50 Senate Democrats and three Senate Republicans voted in good faith to confirm her appointment. Justice Jackson’s historic confirmation is a culmination of her decades in public service as a Supreme Court clerk, public defender, District Court Judge, and most recently judge on the U.S. Court of Appeals for the DC Circuit. The National Employment Lawyers Association (NELA) celebrates this profound milestone in our nation’s history, and we congratulate Justice Jackson on her well-deserved achievement.

The United States needs judges on the bench who have a diversity of backgrounds, informed by real-life experience. The Supreme Court is the final word on many issues that profoundly affect the lives of working people, including those who have been victims of wage theft, workers who have experienced unjust harassment or discrimination, and those who face dangerous and unsafe conditions in their workplace. 

NELA has long advocated for demographic and experiential diversity on the bench – both are crucial to ensuring that … Read More

Viking River Cruises Inc. v. Moriana

On March 9, 2022, NELA joined our Affiliate, California Employment Lawyers Association (CELA), and the National Employment Law Project (NELP) to file an amicus brief in support of the Respondent in Viking River Cruises Inc. v. Moriana. This case addresses the issue of whether the Federal Arbitration Act (FAA) requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under the California Private Attorneys General Act (PAGA). Our brief argues that PAGA is not an end-run around arbitration and because the FAA was never intended to preempt the states’ law enforcement functions or their authority to determine how to structure their law enforcement authority, the Court should affirm the denial of Petitioner’s motion to compel arbitration. We are extremely grateful to Rachel M. Bien and Monique Olivier (Olivier Schreiber & Chao LLP, CA) who drafted the brief and the team at NELP for their editing support.… Read More

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An Extraordinary Moment For All Black Women and Black People, for All Women, and For All Working People

By Corinne A. Williams, National Institute for Workers’ Rights PHT Attorney Fellow

The confirmation of a Black woman to the Supreme Court will be a huge affirmation of what we already know to be true, that there are and have been scores of Black women who are more than qualified to serve on the Supreme Court in its 232-year history. Black women are some of the most brilliant and tactful jurists on the bench and there is a very long list of Black women attorneys who are powerful advocates in the courtroom, strong leaders in boardrooms, and brilliant thinkers in academic settings. There has never been a shortage of Black women who are deeply qualified to serve. But, despite the national treasure that we have in highly qualified Black women, there is an enormous lack of willingness of those in power to elevate us to positions of power and influence in this country.

This is an extraordinary moment—for all Black women and Black people, for all women, and for all working people. We are eager to see President Biden’s commitment to nominating a Black woman to the Supreme Court fulfilled, because we know that this moment in history is not … Read More

A Victory for Workers—Bill Ending Forced Arbitration of Sexual Assault and Sexual Harassment Claims is Sent to President for Signing

Yesterday, the Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (S. 2342). The bill gives survivors the chance to have their case heard in a court of law, rather than being forced into arbitration, away from public view. NELA and its public education and advocacy organization, the National Institute for Workers’ Rights (formerly the Employee Rights Advocacy Institute For Law & Policy), have worked for over a decade to end forced arbitration in the workplace. In 2009, the Institute coined the term “forced arbitration” following the release of significant public opinion research. Recently, NELA members from across the country lobbied for the end of this unjust practice during our 2021 Virtual Lobby Day. We look forward to the President’s signature on this historic piece of legislation.

NELA applauds the Senate for coming together in a unified and bipartisan fashion to support an issue that affects every segment of the workforce. We celebrate today’s victory, but this is not the end of our call to action. No worker, whether their claim relates to sexual harassment, stolen wages, or illegal discrimination based on race, disability, LGBTQ+ status, gender, or other reasons, should be denied the … Read More

NELA Applauds Passage of Forced Arbitration Bill (H.R. 4445)

The Ending Forced Arbitration Of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445) passed with bipartisan support yesterday, 335–97. NELA has been working for two decades to end forced arbitration, the pernicious employer practice of barring workers from pursuing justice in open court. The “Me Too” movement exposed aspects of the terrible harm done by forced arbitration clauses, which shield employers from accountability for sexual assault and sexual harassment in the workplace, enabling this conduct to continue unabated. Yesterday’s House vote is a victory in the fight to end forced arbitration. We applaud the House on this bipartisan vote.

NELA urges the Senate to pass this bill. But this is not the end of our call to action. More is needed. No worker—whether their claim relates to sexual harassment, stolen wages, or illegal harassment based on race, disability, LGBTQ+ status, or other reasons, should be denied the right to pursue justice in a court of law, in the full light of day. We call on both the House and Senate to pass the Forced Arbitration Injustice Repeal Act (FAIR Act S. 505/H.R. 963) which would broadly prohibit forced arbitration of workplace and consumer disputes.… Read More

The Atlanta Opera, Inc. and Make-Up Artists and Hair Stylists Union, Local 798, IATSE

On January 28, NELA filed an amicus brief in the NLRB case The Atlanta Opera, Inc. and Make-Up Artists and Hair Stylists Union, Local 798, IATSE. This case addresses whether the Board should reconsider its standard for determining the independent contractor status of workers. The brief examines the many ways in which NLRB definitions, standards and tests affect various antitrust, trademark, and tort laws. As the brief concludes, “Employers should not be allowed to assert “entrepreneurial freedom” where that argument would imply an antitrust violation, or “naked licensing” of its trademark. Nor should employers be allowed to assert independent contractor status where that claim would be rejected in common-law courts in tort cases.” We are grateful to our drafters Michael T. Anderson, Adam C. Breihan, Mark Hanna and Roseann R. Romano (Murphy Anderson, PLLC) and Shannon Liss-Riordan and Zachary L. Rubin (Lichten & Liss-Riordan, P.C.) for drafting this important brief.… Read More

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