NELA

Empowering Workers' Rights Attorneys

Statements, Letters & Testimony

Statements, Letters & Testimony

National Employment Lawyers Association Applauds The Equal Remedies Act Of 2024

The act would eliminate statutory damage caps and enhance protections for workers in discrimination cases

For Immediate Release
Contact: Andrea Hansen
509.306.1867
ahansen@flyingcrow.com

Concord, Calif. – May 8, 2024 – Today, in a significant milestone for workers’ rights, Representatives Suzanne Bonamici (D-OR), Bobby Scott (D-VA), and Senator Edward Markey (D-MA) introduced the Equal Remedies Act of 2024. The proposed legislation calls for the elimination of statutory damage caps for employment discrimination in civil rights cases, and would modernize the Age Discrimination in Employment Act (ADEA) to allow those who experience age discrimination to pursue compensatory and punitive damages.

The National Employment Lawyers Association (NELA) applauds Representatives Bonamici and Scott and Senator Markey on this important piece of legislation and strongly supports the bill to ensure workers have meaningful access to justice when they experience illegal treatment in the workplace. 

“Discrimination persists in the workplace for a lot of reasons, but these arbitrary caps that take away the jury’s role in deciding how employers who violate the law are held accountable are a significant factor,” said Linda Correia, immediate past president of NELA’s board of directors. “I have represented many workers who have been harmed by these caps and am grateful … Read More

NELA Statement on FTC’s New Rule Banning Non-Compete Clauses

The National Employment Lawyers Association (NELA) applauds the Federal Trade Commission’s (FTC) rule banning non-compete clauses, putting power back into the hands of workers to make decisions about where they work and what’s best for their families.

NELA members have been fighting coercive non-competes for their clients for decades and understand how these clauses stifle workers and limit their potential. NELA supports the FTC’s final rule, which bans new non-competes for all workers of for-profit companies and invalidates those companies’ existing non-competes, except for non-competes executed by “senior executives” before the FTC’s final rule takes effect. 

NELA submitted comments supporting the proposed ban in April 2023, when it was first proposed by the FTC. In voting on the final rule, FTC Chair Lina Khan and other Commissioners noted that non-competes exploit workers, prevent competition, and limit innovation. NELA is thrilled that the FTC’s ban will give workers freedom to leave abusive workplaces and to find better jobs.… Read More

Comments on the EEOC’s Proposed Enforcement Guidance for Harassment

Charlotte A. Burrows, Chair
U.S. Equal Employment Opportunity Commission
Washington, DC 20507

Submitted via regulations.gov

RE: RIN 3046–ZA02, Proposed Enforcement Guidance on Harassment in the Workplace

Dear Chair Burrows:

The National Employment Lawyers Association (“NELA”) submits these comments in support of the Equal Employment Opportunity Commission’s (“EEOC”) Proposed Enforcement Guidance on Harassment in the Workplace (“Proposed Guidance”).[1]

As an organization that aspires to 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, we are committed to reducing all forms of discrimination, in the workforce, including harassment. NELA is the largest professional membership organization in the country comprised of lawyers who represent employees in labor, employment, harassment, discrimination, wage and hour, and civil rights disputes. 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 in both the public and private sector, including those facing harassment in the workplace. NELA has filed numerous amicus curiae briefs before the United States Supreme Court and other federal appellate courts … Read More

Comments Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees

Submitted via www.regulations.gov

Re:      National Employment Lawyers Association’s Comments

Regarding RIN 1235-AA39 – Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees

Dear Ms. DeBisschop:

This letter provides the Department of Labor (DOL) with the collective comments of more than 1,500 members of the National Employment Lawyers Association (NELA) and its 69 affiliates concerning the proposed changes to the regulations applicable to executive, administrative, and professional employees (“the EAP exemption”) 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 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 in both the public and private sector, including employer violations of federal wage and hour laws. NELA has filed numerous amicus curiae briefs before the United States Supreme Court and other federal appellate courts regarding the proper interpretation of … Read More

Comments Concerning the Office of Personnel Management (OPM)’s Proposed Rule Upholding Civil Service Protections and Merit System Principles

Submitted via www.regulations.gov

Timothy Curry
Deputy Associate Director, Accountability and Workforce Relations
U.S. Office of Personnel Management

Re: Proposed Rule; RIN 3206-AO56; 88 Fed.Reg. 63,862-63,885 (September 18, 2023)

Dear Deputy Associate Director Curry:

The National Employment Lawyers Association (NELA) respectfully submits the following comments concerning the Office of Personnel Management (OPM)’s Proposed Rule with Request for Comments, as published in the Federal Register at 88 Fed.Reg. 63,862-63,885 (September 18, 2023).

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 in both the public and private sector. 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 … Read More

A Win for Workers: Karla Gilbride Confirmed as General Counsel to the EEOC

NELA celebrates the confirmation of Karla Gilbride as the Equal Employment Opportunity Commission’s (EEOC) General Counsel. Ms. Gilbride’s breadth of experience makes her well qualified to coordinate regional and field office litigation to maximize enforcement of federal employment anti-discrimination laws in harmony with the broader strategy of the agency.

The EEOC is the first defense for workers seeking justice when they have experienced discrimination, harassment, or other illegal treatment at their place of employment. In her hearing before the Senate HELP Committee, Ms. Gilbride’s responses demonstrated her deep knowledge of the issues for which the EEOC has responsibility and her strong commitment to the mission of the agency. For over 15 years, she has represented workers across industries, from migrant farmworkers to women in the finance industry to prison employees. She has represented many different clients, from many walks of life, but her mission has remained constant: to enforce workers’ rights to safe and equitable working conditions under the law.

Karla’s experience includes acting as Co-Director of Public Justice’s Access to Justice Project and serving as NELA’s Vice President of Public Policy. A NELA member since 2015, she has been instrumental in our efforts to end forced arbitration in employment … Read More

Comments in Support of the EEOC’s Proposed Rule on Regulations to Implement the Pregnant Workers Fairness Act

Raymond Windmiller
Executive Officer
Executive Secretariat

Submitted via regulations.gov
RE: RIN 3046–AB30, Regulations to Implement the Pregnant Workers Fairness Act
Dear Mr. Windmiller:

The National Employment Lawyers Association (“NELA”) submits these comments in support of the Equal Employment Opportunity Commission’s (“EEOC” or “Commission”) Notice of Proposed Rulemaking (“NPRM”), RIN 3046–AB30, Regulations To Implement the Pregnant Workers Fairness Act, published in the Federal Register on August 11, 2023.1

As an organization dedicated to advancing the rights of workers, we are committed to ensuring no worker has to choose between their job and their health or a healthy pregnancy.

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 … Read More

Comments on OPM Proposed Rule on Recruitment and Selection Through Competitive Examination, and Employment in the Excepted Service

Submitted via www.regulations.gov

Kimberly A. Holden
Deputy Associate Director for Talent Acquisition, Classification, and Veterans Programs
U.S. Office of Personnel Management

Re: Proposed Rule with Request for Comments; RIN 3206-AN80; 88 Fed.Reg. 47059-47068 (July 21, 2023)

Dear Deputy Associate Director Holden:

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 88 Fed.Reg. 88 Fed.Reg. 47059-47068 (July 21, 2023).

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 in both the public and private sector. 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 … Read More

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

Comments on the OPM’s Proposed Rule on Advancing Pay Equity in Governmentwide Pay Systems

Submitted via www.regulations.gov

Carey Jones
Lead HR Specialist
U.S. Office of Personnel Management

Re: Proposed Rule with Request for Comments; RIN 3206-AO39; 88 Fed.Reg. 30251-30262 (May 11, 2023)

Dear Lead HR Specialist Jones:

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 88 Fed.Reg. 30251-30262 (May 11, 2023).

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. … Read More

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

Comments on Department of Justice Proposed Rule on Whistleblower Protection for Federal Bureau of Investigation Employees

Submitted via www.regulations.gov

Morton J. Posner
General Counsel
Justice Management Division
U.S. Department of Justice

Re: Notice of Proposed Rulemaking; RIN 1105-AB47; 88 Fed.Reg. 18487-18496 (March 29, 2023)

Dear Mr. Posner:

The National Employment Lawyers Association (NELA) respectfully submits the following comments concerning the Department of Justice’s Notice of Proposed Rulemaking, as published in the Federal Register at 88 Fed.Reg. 18487-18496 (March 29, 2023).

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 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’ … Read More