VIA VIA Electronic Submission on regulations.gov

Office of Personnel Management
1900 E Street, NW
Washington, DC 20415

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Re: Promotion and Internal Placement, OPM’s Proposed Rule with Request for Comments, RIN 3206-AN77, 84 Fed. Reg. 70,906-70-908 (Dec. 26, 2019)

To Whom It May Concern:

The National Employment Lawyers Association (NELA) respectfully submits the following comments concerning the Office of Personnel Management’s (OPM) (Non-competitive) Promotion and Internal Placement Proposed Rule with Request for Comments, as published in the Federal Register at 84 Fed. Reg. 70,906-70,908 (Dec. 26, 2019).

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 … Read More

VIA VIA Electronic Submission to WWW.Regulations.GOV

Mark Zelden
Director, Center for Faith & Opportunity Initiatives
U.S. Department of Labor
200 Constitution Avenue NW
Washington, DC 20210

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Re: Response to Proposed Rule 85 Fed.Reg. 2929-2938, RIN 1291-AA41 Docket No. DOL-2019-0006

Director Zeldon:

The National Employment Lawyers Association (NELA) respectfully submits the following comments in response to the Department of Labor’s (DOL or Department) Proposed Rule, published in the Federal Register on January 17, 2020, 85 Fed.Reg. 2929-2938, Docket No. DOL- 2019-0006.

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. 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 illegally treated 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 (NPRMs). NELA also engages … Read More

VIA Electronic Submission to www.regulations.gov

Bernadette B. Wilson
Executive Officer, Executive Secretariat
U.S. Equal Employment Opportunity Commission
131 M Street NE
Washington, DC 20507

Re: Response to Proposed Rule 84 Fed.Reg. 67,683-67,685, RIN 3046–AB00

To Whom It May Concern:

The National Employment Lawyers Association (NELA) respectfully submits the following comments in response to the Equal Employment Opportunity Commission’s (EEOC) Proposed Rule, published in the Federal Register on December 11, 2019, 84 Fed.Reg. 67,683-67,685.

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. 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 illegally treated 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 (NPRMs). NELA also engages in legislative advocacy on behalf of workers throughout the … Read More

United States Senate Committee on the Judiciary
224 Dirksen Senate Office Building
Washington, DC 20510

Re: Opposition to Confirmation of Lawrence VanDyke

Dear Senator:

On behalf of the National Employment Lawyers Association (NELA) and its 4000 circuit, state, and local affiliate members across the country, we write to express our strong opposition to the confirmation of Lawrence VanDyke to be an appellate judge for the United States Court of Appeals for the Ninth Circuit.

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. Our members litigate daily in every federal district court and circuit, affording NELA a unique perspective on how employment cases actually play out on the ground and deep insight with respect to the profound impact of the judiciary on the daily lives and the rights of working people.

Mr. VanDyke Lacks The Temperament, Knowledge, And Commitment To The Truth That Are Foundational Qualifications For A Federal Judge

Extensive negative feedback about Mr. VanDyke’s termperament prompted the American Bar Association (ABA) to rate Mr. … Read More

VIA Electronic Submission on regulations.gov

Office of Personnel Management
1900 E Street, NW
Washington, DC 20415

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Contact: Laura M. Flegel
Legislative & Public Policy Director
(202) 898-2880, ext. 115
lflegel@nelahq.org

House Passes The FAIR Act To End Forced Arbitration

Time For The Senate To Act!

NELA applauds the passage of the Forced Arbitration Injustice Repeal Act (FAIR Act) today in the U.S. House of Representatives. We thank Representative Hank Johnson (D-GA) who introduced the bill in the House and has been a steadfast leader in this fight. Passage of the FAIR Act in the House is a major milestone that brings us closer than ever before to ending the insidious and pervasive corporate practice of forcing workers and consumers to waive their rights to go to court when they are victims of corporate wrongdoing.

This is a huge victory for working people who, increasingly, have been subject to the whims of corporate employers with no recourse for illegal treatment. Forced arbitration was invented by corporations to shield themselves from accountability for illegal treatment of their employees. As plaintiffs’ employment lawyers, we believe the best way for corporations to protect themselves from liability is to invest in and prioritize compliance with the law and fair treatment of workers.

NELA has been a leader in the fight to … Read More

September 10, 2019

Dear Senator:

On behalf of the 4,000 members of the National Employment Lawyers Association (NELA) and its circuit, state, and local affiliates across the country, I write to express our strong opposition to the confirmation of any judicial nominee who refuses to acknowledge that the landmark, unanimous decision in Brown v. Board of Education was correctly decided.

Over the last year, dozens of judicial nominees have declined to answer a question that countless nominees before them responded to simply and unambiguously. Those who cannot respond decisively in the affirmative to the correctness of the holding in Brown have sent a clear signal that they cannot be counted upon to protect individual civil rights, or adhere to the rule of law. A nominee who cannot affirm that “separate but equal” is a gross distortion of our founding principles is not fit to serve as a federal judge, whose responsibility it is to protect principles and individual rights that are sacred to our democracy.

The decision and the understandings embodied in Brown are at the core of our nation’s civil rights laws; separate is inherently unequal. As a senator, everyday working people are the majority of your constituents. … Read More

FOR IMMEDIATE RELEASE

Contact: Laura Ware, Flying Crow Creative
lware@flyingcrow.com
(206) 650-2539
If you are looking for legal help, please click here.

National Employment Lawyers Association Announces
Executive Director Departure

OAKLAND, CA — The National Employment Lawyers Association (NELA) and its education and advocacy arm, The NELA Institute, today announced the upcoming departure of Executive Director Terry O’Neill. O’Neill will continue in her role through August 31.

“It has been a privilege to lead an organization representing thousands of the brightest minds in the legal field advocating for those who often do not have a voice,” O’Neill said. “I am confident that, with our board leadership and talented staff, the organization will continue to see much success.”

FOR IMMEDIATE RELEASE
Contact: Terry O’Neill
Executive Director
(415) 296-7629
toneill@nelahq.org

NELA Lauds U.S. Supreme Court Decision Protecting Workers’ Access To Justice

(Oakland, CA) – The National Employment Lawyers Association (NELA) and The Employee Rights Advocacy Institute for Law & Policy (The NELA Institute) are thrilled with the U.S. Supreme Court’s unanimous decision today in Fort Bend County, Texas v. Davis. In holding that Title VII’s charge-filing requirement is not jurisdictional, the Court is ensuring that workers with valid claims will not be denied access to justice because they failed to check a box on a form. Moreover, unscrupulous employers will not be able to delay or wholly avoid accountability late into a lawsuit based on a technicality in the filing paperwork. We congratulate Lois Davis, the plaintiff in the case, and her attorneys at Wright Close & Barger in their important victory for all workers.

NELA and The NELA Institute filed a brief as amici curiae in the case. We express our deep appreciation to Michael L. Foreman and the Penn State Law Civil Rights Appellate Clinic, who served as principal drafters of the brief. Today’s result will help ensure that a harmed employee who has suffered … Read More