NELA

Empowering Workers' Rights Attorneys

Statements, Letters & Testimony

Statements, Letters & Testimony

Strengthening Workers’ Rights: Kalpana Kotagal Confirmed as EEOC Commissioner

NELA celebrates the confirmation of Kalpana Kotagal as the newest commissioner of the Equal Employment Opportunity Commission (EEOC). Ms. Kotagal’s extensive record of fairness and justice will strengthen the EEOC as it continues its mission to protect workers from discrimination.

Ms. Kotagal has extensive litigation experience handling cases on behalf of employees under a range of federal civil rights and employment discrimination statutes, including Title VII of the Civil Rights Act, the Pregnancy Discrimination Act (PDA), the Equal Pay Act, the Rehabilitation Act, the Fair Labor Standards Act (FLSA), the Family Medical Leave Act (FMLA), and the Americans with Disabilities Act (ADA). Her lifetime commitment to civil rights and equal justice as well as her creativity and leadership, will benefit the workers across the country.

“Kalpana has been an inspirational champion for workers’ rights,” said NELA Executive Director Jeffrey Mittman, “and her long-awaited confirmation is a well-deserved recognition of her efforts. We congratulate Kalpana and look forward to working with her and the full complement of EEOC Commissioners to continue pursuing equity for those suffering injustices in the workplace, and clarify the rights and responsibilities of workers and employers alike.”

Ms. Kotagal is a partner in Cohen Milstein’s Civil Rights … Read More

Thomas v. JSTC

On May 26, NELA and Public Justice jointly filed an amicus brief in the Eleventh Circuit matter of Thomas v. JSTC (No. 22-14191), encouraging the court to distinguish the appropriate standard of review for approval of opt-in FLSA settlements from Rule 23 class action settlements. In this case, the lower court approved every aspect of a proposed settlement except separately negotiated payments to the named plaintiffs in exchange for a general release, on the grounds that such payments constituted inappropriate service awards under precedent set in a Rule 23 opt-out class action case. Although courts retain substantial discretion as to whether or not to approve a FLSA settlement, the amicus brief argues that the public policy rationales behind scrutinizing service awards in a Rule 23 class action are inapt for collective action payments. Where members have opted in, payments will not come out of the common fund, and the plaintiffs sign broader releases than the collective members, separate contractual payments to plaintiffs should not be scrutinized as if they are class action service awards. NELA would like to thank Shelby Leighton at Public Justice, and our NELA drafting team: Clif Alexander and Lauren Braddy of Anderson Alexander, PLLC(TX); Carl Fitz … Read More

DOWNLOAD

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

NELA Comments on Proposed Amendment to Federal Rules of Evidence

Advisory Committee on Evidence Rules
Administrative Office of the United States Courts

Re: Request for Comments on Proposed Amendments to Federal Rules and Forms (August 15, 2022)

Dear Members of the Advisory Committee on Evidence Rules,

The National Employment Lawyers Association (NELA) respectfully submits the following comments in response to the Proposed Amendments to Federal Rules and Forms. NELA opposes the proposed FRE 611(d). 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 more than 4,000 attorneys who are committed to working on behalf of those who have faced illegal treatment in the workplace. NELA members litigate in every state and every circuit in the United States and collectively have substantial trial experience. This body of experience forms the basis for these comments as well as other comments we have made on proposed changes to the Federal Rules of Evidence.

The following comment is the submission of the National Employment … Read More

Pregnant Workers Gain Critical Protections As Omnibus Spending Package Goes To White House

In a show of strong bipartisan support (73-24), the Senate voted on Thursday to include the Pregnant Workers Fairness Act (PWFA) in the Senate version of the 2023 financial omnibus bill. Today, the House passed the bill and it is now on the way to the White House, clearing the act’s path to law after a 10-year fight. The National Employment Lawyers Association praises the success of this critical piece of legislation that positively impacts pregnant workers in all industries across the nation. NELA members were a key component of the coalition that led this battle, and we are thankful both for your efforts and dedication to workers’ rights.

This is a remarkable end-of-year accomplishment for all those who have fought for the PWFA’s passage. Pregnant workers across the country, particularly those in low-income jobs and in the service industries, have faced heartbreaking challenges when requesting accommodations in the name of their health—many forced into unsafe working conditions, reduced pay, unpaid leave, or termination. Our members have seen firsthand the devastation pregnancy discrimination inflicts on pregnant workers and their families, and your advocacy and support has brought about real, tangible change.

No worker should have to choose between risking their … Read More

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 Endorses Karla Gilbride for General Counsel of the U.S. Equal Employment Opportunity Commission

The Honorable Patty Murray, Chair
Committee on Health, Education, Labor & Pensions
428 Senate Dirksen Office Building
United States Senate
Washington, DC 20510

The Honorable Richard Burr, Ranking Member
Committee on Health, Education, Labor & Pensions
428 Senate Dirksen Office Building United States Senate
Washington, DC 20510

Re: National Employment Lawyers Association Endorsement of Karla Gilbride for General Counsel of the U.S. Equal Employment Opportunity Commission

Dear Chair Murray and Ranking Member Burr:

The National Employment Lawyers Association (NELA) writes to express our strong support for the nomination of Karla Gilbride to serve as General Counsel of the U.S. Equal Employment Opportunity Commission (EEOC). Ms. Gilbride has dedicated her career to ensuring equal access to justice under the law, and she has an exceptional record as a litigator and advocate for workers, which she would bring to bear as General Counsel at EEOC.

Since 1985, NELA has been the premier professional membership organization for lawyers that represent workers in labor, employment, and civil rights disputes. NELA members litigate in every federal district and circuit, advocating for equality and justice for workers across the country. NELA members routinely work with the EEOC to enforce anti-discrimination law and protect the rights of … Read More

NELA Joins 90+ Other Organizations In Supporting Kalpana Kotagal’s Nomination to the EEOC

On Tuesday, September 7, NELA joined a coalition of 90+ organizations in supporting Kalpana Kotagal’s nomination to the Equal Employment Opportunity Commission (EEOC). Ms. Kotagal’s lifetime commitment to civil rights and equal justice as well as her creativity and leadership will benefit the EEOC and workers across the country. NELA endorses Ms. Kotagal and, along with our coalition partners, strongly urges the Senate to confirm her to serve on this commission.

Read the letter.

… 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