NELA

Empowering Workers' Rights Attorneys

Statements, Letters & Testimony

Statements, Letters & Testimony

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.

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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.

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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

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

NELA Supports the Nomination of Nancy Maldonado to the Northern District of Illinois

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 recommendation that Nancy Maldonado be considered for nomination to fill the vacancy on the Northern District of Illinois—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 working people. Ms. Maldonado is exactly the type of individual who is ideally suited to serve on the federal bench. She is a highly accomplished and well-respected litigator who has extensive experience in all aspects of federal litigation, having spent a career protecting the legal rights of workers.

There … Read More