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NELA Urges Vote On Nomination of Julie Su As Labor Secretary

Dear Majority Leader Schumer:

The National Employment Lawyers’ Association (NELA) and the National Institute for Workers’ Rights strongly urge a vote on President Biden’s Labor Secretary nominee Julie Su next week.

NELA members advocate for equality and justice for workers across the country every day, and we work closely with the Department of Labor to enforce the laws that protect the rights of workers. In our experience, both workers and employers benefit from clear leadership and direction from the agencies that enforce the laws governing the workplace.

Julie Su is an excellent, well-qualified choice to continue the work that she has helped guide and shape as Deputy Secretary under Labor Secretary Marty Walsh. Her leadership and track record at DOL is critical in protecting workers’ rights and leveling the playing field for employers who follow the rules. Ensuring continuity in leadership is important to a number of key issues facing the nation and its workforce, including improving access to the quality jobs created as part of the recent federal investments in the Infrastructure Investment and Jobs Act, CHIPS Act, and Inflation Reduction Act.

The time is now to vote on her nomination, and we very much hope that the Senate … Read More

NELA Comment on FTC’s Notice of Proposed Rulemaking, entitled, “Non-Compete Clause Rule”

Dear Chair Khan:

The National Employment Lawyers Association (NELA) and the National Institute for Workers’ Rights (“Institute”) submits these comments in support of the Federal Trade Commission’s Notice of Proposed Rulemaking, entitled, “Non-Compete Clause Rule.”

NELA is a national professional membership organization of and for lawyers who represent employees in all aspects of employment law. The largest organization of its kind in the country, NELA, together with its 69 circuit, state, and local affiliates, has more than 4000 members nationwide who variously represent employees in discrimination, whistleblower, wage and hour, health and safety, and contract disputes and who advise employees, partners, and independent contractors on employment-related agreements. NELA’s mission is to serve lawyers who represent employees, advance employee rights, and advocate for equality and justice in the workplace. NELA has filed numerous amici curiae briefs before the United States Supreme Court and other federal appellate courts on a wide range of employment law issues as well as comments on relevant Notices of Proposed Rulemaking. The mission of the National Institute for Workers’ Rights is to advance workers’ rights through research, thought leadership, and education for policymakers, advocates, and the public. As the nation’s employee rights advocacy think tank, the Institute … Read More

NELA Statement on the Death of Former Congresswoman Patricia Schroeder

The National Employment Lawyers Association and the National Institute for Workers’ Rights honor the life and memory of former Congresswoman Patricia Schroeder, who died on March 13th. It is especially fitting to recognize today, on Equal Pay Day, the strong and pioneering feminist that Ms. Schroeder was and her fiery dedication to women’s rights which inspired many strong, courageous women to continue that important work.

We also have Ms. Schroeder to thank for her early work in the fight for the needs of families in the workplace. She was a key leader in gaining the passage of the Pregnancy Discrimination Act in 1978 and the Family and Medical Leave Act in 1993. We honor her legacy by supporting passage of the Paycheck Fairness Act and continuing the fight for legislation that will bring greater justice and equity to women in the workplace. … Read More

Groff v. DeJoy

On March 6, 2023, NELA and the Institute jointly filed an amicus brief with the U.S. Supreme Court in Groff v. DeJoy (22-174), urging the court to strike a delicate balance for workers while reevaluating the current standard for providing religious accommodations as set forth in Hardison. The brief recognizes the need for clarification of the current Hardison de minimis standard, which was written in a context where undue hardship was not yet part of Title VII. NELA and the Institute argue that the court should revise the standard to require employers to show actual harm and reiterate the appropriate standard for summary judgment adjudication—two hurdles which are often difficult to overcome for religious employees seeking to receive reasonable accommodations for sincerely held religious beliefs. Additionally, the brief advocates for an undue hardship burden which takes into account the impact of accommodations on other employees, aiming to protect workers from discrimination by employers or colleagues under the guise of religious accommodations. NELA is deeply grateful to Professor Michael L. Foreman and the Penn State Law Civil Rights Appellate Clinic, who served as principal drafters of the brief, with editing support from NELA’s Amicus Advisory Council, NELA Program Director Ashley … Read More

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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 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