NELA

Empowering Workers' Rights Attorneys

Statements, Letters & Testimony

Statements, Letters & Testimony

NELA Comments On Proposed Withdrawal Of DOL Independent Contractor Rule

Amy DeBisschop
Division of Regulations, Legislation, and Interpretation
Wage and Hour Division
U.S. Department of Labor, Room S-3502
200 Constitution Avenue NW
Washington, D.C. 20210

NELA Comments on RIN 1235-AA34:  Independent Contractor Status Under the Fair Labor Standards Act; Withdrawal

Dear Ms. DeBisschop:

The National Employment Lawyers Association (“NELA”) submits these comments on the Department of Labor’s (“Department” or “DOL”) Request for Comment on Withdrawal of RIN 1235-AA34; Fed. Reg. Vol. 86, 14027 (March 12, 2021), following publication of a final Independent Contractor Rule (“Rule”) and delay of the effective date of the Rule.[1]

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 … Read More

NELA Comments On DOL Proposed Rescission Of Joint Employer Rule

Amy DeBisschop 
Division of Regulations, Legislation, and  Interpretation 
Wage and Hour Division  
U.S. Department of Labor, Room S-3502 
200 Constitution Avenue NW 
Washington, D.C. 20210 

Comments on RIN 1235-AA37: Rescission of Joint Employer Status Under the Fair Labor Standards Act  

Dear Ms. DeBisschop: 

On March 12, 2021, the Department of Labor (“Department” or “DOL”) published Rescission of Joint Employer Status Under the Fair Labor Standards Act, RIN 1235-AA37 (“notice”), which seeks comments on DOL’s proposal to rescind the final rule interpreting joint employment under the Fair Labor Standards Act (“joint employer rule”). 

The National Employment Lawyers Association (“NELA”) supports the Department’s proposed rulemaking to rescind the joint employer rule because it is contrary to the express terms and purposes of the Fair Labor Standards Act (“FLSA” or “the Act”). The rule, struck down by a federal court in large part, ignores a statutory definition, Supreme Court authority, and decades of federal Circuit Court precedent with a test that would encompass almost no subcontracting companies, and would especially hurt those low-wage workers who need the protections of the FLSA the most: those who are placed in jobs via temp or staffing agencies, and those, including children, who work in heavily contracted janitorial, construction, … Read More

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

… Read More

NELA Comments On Independent Contractor Status Under the Fair Labor Standards Act, Delay of Effective Date (RIN 1235-AA34)

Submitted via:  federalregister.gov

Amy DeBisschop
Division of Regulations, Legislation, and Interpretation
Wage and Hour Division
U.S. Department of Labor, Room S-3502
200 Constitution Avenue NW
Washington, D.C. 20210

Comments on RIN 1235-AA34: Independent Contractor Status Under the Fair Labor Standards Act, Delay of Effective Date

Dear Ms. DeBisschop:

The National Employment Lawyers Association (NELA) submits these comments on the Department of Labor’s (“Department” or “DOL”) Request for Comment on Delay of the Effective Date of RIN 1235-AA34; Fed. Reg. Vol. 86, 8326.  (February 5, 2021)

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 … Read More

Justice Restored: Ending Forced Arbitration and Protecting Fundamental Rights

Submitted Testimony of Laura M. Flegel, National Employment Lawyers Association and The Employee Rights Advocacy Institute For Law & Policy Legislative & Public Policy Director to the Subcommittee on Antitrust, Commercial, and Administrative Law Committee on the Judiciary United States House of Representatives on Justice Restored: Ending Forced Arbitration and Protecting Fundamental Rights

  1. Introduction

    Founded in 1985, the National Employment Lawyers Association (NELA) is the largest bar association in the country focused solely on empowering workers’ rights attorneys. NELA and its 69 circuit, state, and local affiliates have a combined membership of over 4,000 attorneys who are committed to protecting the rights of workers in employment, wage and hour, labor, and civil rights disputes. For more than two decades, NELA has called on Congress to end the insidious corporate practice of forcing workers and consumers to address disputes in secret, one-sided arbitration proceedings because the evidence demonstrates that forced arbitration is harmful to workers.

    Founded in 2008, The Employee Rights Advocacy Institute For Law & Policy (“The Institute”) is the related charitable public interest organization of NELA. The Institute advances workers’ rights through research, thought leadership, and education for policymakers, advocates, and the public. Since its inception, The Institute has

… Read More

NELA Comments On Proposed Delay Of Effective Date Of Tip Regulations (RIN 1235-AA21)

Amy DeBisschop
Division of Regulations, Legislation, and Interpretation
Wage & Hour Division, U.S. Department of Labor
Room S-3502
200 Constitution Avenue NW
Washington, D.C. 20210

Re: National Employment Lawyers Association (NELA) Comments on Proposed Delay of Effective Date of Tip Regulations, Regulatory Information Number (RIN) 1235-AA21

The National Employment Lawyers Association (NELA) submits these comments in favor of the Department of Labor’s (“Department” or “DOL”) February 5th Delay of the Effective Date of Tip Regulations until April 30, 2021, to permit the Department to reconsider the factual, policy, and legal issues raised by the Rule. RIN 1235-AA21; 86 Fed. Reg. 8325. (“Tip Rule”)

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 the country in wage theft cases in every state and circuit, which … 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’s Department of Labor Proposals for First 100 Days

Biden-Harris Department of Labor Review Team
Chris Lu, Team Lead

Submitted electronically to Patricia Smith

Dear DOL Agency Review Team:

The National Employment Lawyers Association (NELA) welcomes the opportunity to share our recommendations for concrete steps that can be taken in the first 100 days under new leadership at the White House and Department of Labor (DOL). If implemented, these changes would advance the work of building an economy 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.

NELA is the largest professional membership organization in the country comprised solely of lawyers who represent workers asserting employment, wage and hour, labor, and civil rights protections. NELA advocates for workers’ 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 helping those who have suffered unlawful treatment in the workplace to use private law enforcement to vindicate their rights.

NELA members and staff have identified the following six areas, set forth below in which there is an immediate need … Read More

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NELA Comment On Proposed Rule: Update of Commission’s Conciliation Procedures

VIA Electronic Submission

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

Re:      Comment on Proposed Rule: Update of Commission’s Conciliation Procedures, 85 Fed. Reg. 64,079, RIN 3046–AB19

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”) Notice of Proposed Rulemaking, Update of Commission’s Conciliation Procedures (the “NPRM”).

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 NPRMs of Proposed Rulemaking (NPRMs). A substantial number of NELA members’ clients are charging parties at … Read More

NELA Comments On OPM Proposed Changes To The Back Pay Act

Michael Rigas, Acting Director
U.S. Office of Personnel Management
Theodore Roosevelt Federal Building
1900 E Street NW
Washington, DC 20415-1000

Submitted electronically via www.regulations.gov

Re: National Employment Lawyers Association (NELA)’s Comments on U.S. Office of Personnel Management NPRM Regarding Attorney Fees and Personnel Action Coverage under the Back Pay Act:  RIN 3206-AN83

Dear Acting Director Rigas:

The National Employment Lawyers Association (NELA) respectfully submits the following comments opposing issuance of the Office of Personnel Management’s (OPM’s) Proposed Regulation referenced above.

NELA is the largest professional membership organization in the country 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 members frequently represent federal sector employees with claims under the Back Pay Act, and as a result have had ample experience in its practical operation and mechanics. Thus, NELA has both an interest in the proposed amendments and extensive expertise regarding the practical impact … Read More

NELA Submits Comments On Notice Of Proposed Rulemaking On Classification Of Independent Contractors Under The FLSA

Submitted via www.regulations.gov

Division of Regulations, Legislation, and Interpretation
Wage and Hour Division
U.S. Department of Labor
Room S-3502
200 Constitution Avenue NW
Washington, DC 20210

Re: RIN 1235-AA34, Comments in Response to Proposed Rulemaking: Independent Contractor Status Under the Fair Labor Standards Act

To Whom It May Concern:

The National Employment Lawyers Association (NELA) is submitting these comments regarding the U.S. Department of Labor (“Department”)’s Notice of Proposed Rulemaking (NPRM) on the status of independent contractors under the Fair Labor Standards Act (FLSA).

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 … Read More