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
News
NELA Statement on Justice Stephen Breyer’s Retirement
The National Employment Lawyers Association (NELA) and National Institute for Workers’ Rights (the Institute) thank Justice Stephen Breyer for his nearly 30 years of service on the U.S. Supreme Court. He will leave a legacy of opinions in support of women’s rights, LGBTQ+ rights, health care, and civil liberties—issues that affect working people from all walks of life.
As we honor Justice Breyer’s legacy, we celebrate this opportunity for President Biden to keep his commitment to appoint a Black woman to the Supreme Court. We support the Biden Administration in continuing to bring both demographic and experiential diversity to the federal bench, which is far stronger, fairer and more reflective of our country today as a result. NELA and the Institute will continue to advocate for a federal bench that upholds our commitment to civil rights and equal justice on issues that affect working people. We urge President Biden and the Senate to move forward expeditiously, and to nominate a Black woman to the Supreme Court from among our nation’s abundance of highly qualified women jurists, scholars and lawyers.
About the National Employment Lawyers Association (NELA)
Founded in 1985, the National Employment Lawyers Association (NELA) is the nation’s largest bar … Read More
NELA Supports the Nomination of Dale Ho to the U.S. District Court in the Southern District of New York
Dear Chairman Durbin, Ranking Member Grassley, 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 organization’s strong support for the nomination of Dale Ho to serve as a judge on the United States District Court in the Southern District of New York (“SDNY”).
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 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.
We write today to commend Dale Ho as an exemplary nominee for the SDNY. Mr. Ho is a graduate of Princeton University (1999) and Yale Law School (2005), after which he clerked for Judge Barbara Jones of the SDNY and Judge Robert Smith of the New York Court of … Read More
National Employment Lawyers Association Celebrates The Confirmation Of Jennifer Sung To The Ninth Circuit Court Of Appeals
Concord, Calif. – December 15, 2021 – On Thursday, the Senate voted to confirm Jennifer Sung 50-49 to the U.S. Court of Appeals for the Ninth Circuit in Oregon. Ms. Sung has outstanding credentials and is eminently qualified to serve on the Ninth Circuit. She brings her extensive experience in labor and employment law to the bench, having worked first as a labor organizer and later as an attorney and litigator specializing in labor, employment, and constitutional law on behalf of workers from all walks of life. Most recently, Ms. Sung served as a member of the Oregon Employment Relations Board where she adjudicated labor and employment disputes. She clerked for Judge Betty Binns Fletcher, U.S. Court of Appeals for the Ninth Circuit, and was awarded a Skadden Fellowship at the Brennan Center for Justice.
In addition to Ms. Sung’s stellar professional qualifications, she is the first member of the Asian American Pacific Islander community to be confirmed to the federal bench in Oregon, where Asian American Pacific Islanders comprise about 12 percent of the general population. The National Employment Lawyers Association (NELA) applauds this historic confirmation.
Ms. Sung’s appointment represents progress on two critically important and longstanding NELA goals: … Read More
In Re: OSHA Rule On COVID-19 Vaccination and Testing
On November 30, NELA filed an amicus brief in the 6th Circuit case In Re: OSHA Rule On COVID-19 Vaccination and Testing, 86 Fed. Reg. 61,402 (21-7000). Petitioners in this case aim to stay the recent OSHA regulation that requires companies with over 100 employees to impose vaccination or testing requirements in response to the COVID-19 pandemic. NELA’s brief highlights the tension created by regulatory requirements that ensure safe working conditions while limiting individual worker choice. Courts have long upheld that the benefits of regulations governing health and safety in the workplace outweigh the cost to worker choice; if Petitioners’ theory is adopted, the brief argues, the gates will open to challenge this line of jurisprudence. Additionally, the brief addresses the right of vaccinated workers to refuse unsafe working conditions were the vaccine mandate stayed.
NELA is joined on this brief by the Jobs With Justice Education Fund and we are grateful to NELA member Adam C. Breihan and NELA Board Member Mark Hanna, and their Murphy Anderson, PLLC colleagues Michael T. Anderson and Arlus J. Stephens for drafting this important brief.
NELA Statement on the Confirmation of Myrna Perez to the Second Circuit Court of Appeals
Contact: Andrea Hansen, ahansen@flyingcrow.com, (509) 306-1867
The National Employment Lawyers Association (NELA) celebrates today’s U.S. Senate vote confirming Judge Myrna Pérez to the Second Circuit Court of Appeals. Pérez is one of only two Latinx judges serving on the Second Circuit, which serves a diverse region with a large Latinx community. She is also the first Latina to serve on the Second Circuit since Justice Sonia Sotomayor was appointed to the Supreme Court. Latinx Americans make up only eight percent of active federal judges in the nation.
Pérez’s extensive experience as a litigator and legal academic makes her eminently qualified to serve on the Second Circuit. Her deep expertise in voting rights and election law is critically important. Ensuring that the federal bench includes more attorneys whose careers have been devoted to advancing civil and individual rights is vital to our democracy.
NELA has long advocated for and spoken out about the importance of experiential diversity on the bench. Research shows that judges with corporate or prosecutorial backgrounds are far more likely to rule against workers. Demographic and professional diversity within the federal judiciary is essential to ensure that workers have a fair shot at justice.
NELA is … Read More
NELA Supports Nomination of Charlotte Sweeney to the United States Court of Federal Claims
Dear Chairman 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 recommendation that Charlotte Sweeney be confirmed to serve as a judge on the U.S. District Court for the District of Colorado— 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 the profound impact of the judiciary on the daily lives and the rights of working people.
Ms. Sweeney has worked in private practice since 1995, and is highly regarded in the Colorado Bar. She is seen as a reasonable and fair lawyer by defense attorneys who have been her opposing counsel, as well as by workers’ rights attorneys. Additionally, Ms. Sweeney has extensive trial experience, sixty percent of which consists of litigation. She … Read More
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.… Read More
NELA Strongly Support The Nomination Of Myrna Pérez To The U.S. Court Of Appeals For The Second Circuit
United States Senate Committee on the Judiciary
Dear Chairman Durbin, Ranking Member Grassley, 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 organization’s strong support for the nomination of Myrna Pérez to serve as a judge on the United States Court of Appeals for the Second Circuit.
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 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.
The working people of our nation need and deserve judges who will protect the rights of all Americans and our democracy. The ballot box is a critical place where working people have a voice. Ms. Pérez has devoted her career to the principle at the … Read More
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
