NELA

Empowering Workers' Rights Attorneys

Press Release

Press Release

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.

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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

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

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 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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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

The National Employment Lawyers Association And The Employee Rights Advocacy Institute For Law & Policy Applaud Hearing On House Bill To Restore Access To America’s Civil Justice System

(Washington, DC) – The National Employment Lawyers Association (NELA) and The Employee Rights Advocacy Institute For Law & Policy (The Institute) applaud Representative Hank Johnson (D-GA) for introducing the Forced Arbitration Injustice Repeal Act (FAIR Act), which will end the insidious corporate practice of forcing workers and consumers to give up their rights by mandating them to address disputes in secret, one-sided arbitration proceedings.

The FAIR Act will open the courthouse doors and restore workers’ access to America’s civil justice system. Among other things, the FAIR Act will make it unlawful for employers to impose arbitration on workers, unless the worker knowingly and voluntarily agrees to arbitration after a dispute arises or pursuant to a collective bargaining agreement. Over 60 million working people in the U.S. are now subject to forced arbitration clauses which were designed to keep them from enforcing their legal rights.

“The unjust practice of forcing workers into arbitration must finally be dismantled,” Jeffrey A. Mittman, NELA Executive Director, said. “It strips vulnerable workers of the right to enforce laws that were designed to protect them when they are victims of illegal treatment in the workplace. Forced arbitration favors employers and coerces workers into losing either their … Read More

NELA And The Institute Statement On The Breach Of The U.S. Capitol

NELA and The Institute express our profound distress over this week’s insurrection in our nation’s capitol, in one of the most sacrosanct of buildings—the halls of Congress. Our staff members in DC are safe. We are in contact with our Metro DC-based NELA members and MWELA (NELA’s DC Affiliate) members to ensure their well-being. Many in our country are hurting right now, including our members, allies, and supporters. What happened during what should have been a peaceful transfer of power ranks among the most profound, unsettling events in American history.

Regardless of this brazen attempt to upend our democracy, our Senators and Representatives fulfilled their obligation to confirm Joe Biden’s election. The message delivered by voters at the ballot box was loud and clear, and their voices will not be silenced, by threat or by force. We now look forward to working with the Biden-Harris administration to achieve our mission of empowering workers’ rights attorneys, promoting a fair judiciary, and advocating for laws and policies that level the playing field for workers.

As a community, we will move past the event and redouble of our efforts to create workplaces that are equitable, diverse, and inclusive, and to protect those who … Read More

National Employment Lawyers Association And The Employee Rights Advocacy Institute For Law & Policy Appoint New Executive Director

Seasoned legal advocate and former workers’ rights attorney Jeffrey A. Mittman selected by unanimous board vote

Concord, Calif. – Dec 10, 2020 – After an extensive nationwide search, the National Employment Lawyers Association (NELA) and The Employee Rights Advocacy Institute For Law & Policy (The Institute) are pleased to announce the appointment of Jeffrey A. Mittman as the organizations’ incoming executive director, beginning January 4, 2021.

In this role, Mittman will lead NELA and The Institute in working toward the shared vision of 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.

This is a particularly critical time for workers and the attorneys who represent them against all manner of illegal treatment in the workplace, such as discrimination, harassment, wage theft, safety issues, and more. These issues have been magnified by the challenging, and frequently dangerous, circumstances arising from COVID-19. Congress has yet to pass a new stimulus package to aid those in desperate need of relief; instead of being laser focused on the American people, one of the hold-ups is how best to protect corporations from liability in COVID-related … Read More

The National Employment Lawyers Association Urges Senate Judiciary Committee To Reject Confirmation Of Amy Coney Barrett To Supreme Court

For Immediate Release
Contact: Andrea Hansen
(509) 306-1867
ahansen@flyingcrow.com

Barrett’s Record Clearly Shows Her To Be A Threat To The Working People Of This Country.

Washington, D.C. – October 15, 2020 – The National Employment Lawyers Association (NELA), the nation’s largest legal association whose members exclusively or primarily represent workers, strongly opposes the confirmation of Judge Amy Coney Barrett to the U.S. Supreme Court. The organization is urging the Senate Judiciary Committee to reject Barrett’s confirmation in what has been a desperate play to jam through another conservative judge to stack the deck against everyday Americans.

NELA conducted a comprehensive review of Barrett’s record as a circuit judge and found that she sided with corporations and employers over working people in more than 80 percent of employment-related cases. Barrett’s abysmal record includes cases in which she:

  • Concluded that a Black employee who was called the “N word” in his workplace had not established that he faced a hostile work environment.
  • Voted against rehearing a case that upheld a defendant’s practice of assigning employees to driving routes based on their race.
  • Ruled that the “disparate impact” provision of the Age Discrimination in Employment Act does not apply to job applicants, only
… Read More