NELA

Empowering Workers' Rights Attorneys

Statements, Letters & Testimony

Statements, Letters & Testimony

NELA Urges Senate Leader Schumer to Bring MSPB Vacancy Nominations to Senate Floor

Dear Leader Schumer and Leader McConnell:
The undersigned civil society organizations urge you to allow the full Senate to consider and vote on pending nominations to all three vacancies on the Merit Systems Protection Board (MSPB), which serves millions of federal employees as the primary adjudicative agency for worker claims of whistleblower retaliation and other prohibited personnel practices.

While this letter does not take a position for or against specific Board nominations, we are united in our advocacy of whistleblower protections as a crucial safeguard against waste, fraud, and misconduct in government. That is why we are alarmed by the fact that since January 2017, the Board has been unable to perform critical functions and responsibilities due to the unfilled vacancies preventing a statutorily-required quorum of Senate-confirmed Members. These Board responsibilities include providing relief to whistleblowers, issuing final rulings, promulgating new regulations to address changes in the law, and overseeing U.S. Office of Personnel Management rules and activities. As a result, government whistleblowers waiting for Board review of their retaliation claims remain in limbo while the largest-ever backlog of more than 3,500 cases continues to grow.

We urge you to go beyond these abstract descriptions to consider the devastating impact … Read More

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.

… Read More

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

NELA Comments on Proposed Rule, RIN 3206-AO23, 87 Fed.Reg. 200-209

Submitted via: https://www.regulations.gov/commenton/OPM-2022-0001-0001

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, as published in the Federal Register at 87 Fed.Reg. 200-209 (January 4, 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 on relevant Notices of Proposed Rulemaking (NPRMs). NELA also engages in legislative advocacy on behalf of workers throughout the United States. A substantial number of NELA members’ clients are federal employees. Thus, NELA has both an interest in any potential modifications to federal sector personnel regulations issued by … Read More

NELA Supports the Nomination of Dale Ho to the U.S. District Court in the Southern District of New York

Dear Chairman Durbin, Ranking Member Grassley, and Committee Members:

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 organization’s strong support for the nomination of Dale Ho to serve as a judge on the United States District Court in the Southern District of New York (“SDNY”).

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 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.

We write today to commend Dale Ho as an exemplary nominee for the SDNY. Mr. Ho is a graduate of Princeton University (1999) and Yale Law School (2005), after which he clerked for Judge Barbara Jones of the SDNY and Judge Robert Smith of the New York Court of … Read More

NELA Supports DOL Proposal To Rescind Trump-Era OFCCP Religious Exemption Rule

Tina Williams
Director, Division of Policy and Program Development
Office of Federal Contract Compliance Programs

Comments on Regulatory Information Number (RIN) 1250-AA09: Proposal to Rescind Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption

Dear Ms. Williams,

The National Employment Lawyers Association (NELA) supports the above-referenced OFCCP proposal (“proposed recission”) to rescind implementing legal requirements regarding the equal opportunity clause’s religious exemption.  This is an important step towards restoring religious freedom and ending workplace discrimination in the name of religion.

NELA has an important interest in OFCCP’s proposal.  NELA is the largest professional membership organization in the country.  Founded in 1985, NELA advances worker 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 work on behalf of those who have been treated illegally in the workplace.  NELA members represent thousands of workers from around the country in discrimination cases.  This gives NELA important and insightful perspective on how religious exemptions granted to employers play out on the ground, and the immense harms to workers when these employer exemptions are expanded.

Religious freedom is a fundamental American value. … 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 Supports Carolyn Lerner Nomination to the U.S. Court of Federal Claims

Dear Chairman Durbin, Ranking Member Grassley, and Committee Members:

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 organization’s strong support for the nomination of Carolyn Lerner to serve as an Article I judge on the United States Court of Federal Claims in Washington, DC.

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 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.

We write today to commend Carolyn Lerner to you as an exemplary nominee for the U.S. Court of Federal Claims. As Ms. Lerner testified to during her recent hearing, she would bring the skills of even-handedness and neutrality with her to the bench. Raised in Detroit, an honors graduate of … Read More

NELA Supports Nomination of Charlotte Sweeney to the United States Court of Federal Claims

Dear Chairman 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 Charlotte Sweeney be confirmed to serve as a judge on the U.S. District Court for the District of Colorado— 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 the profound impact of the judiciary on the daily lives and the rights of working people.

Ms. Sweeney has worked in private practice since 1995, and is highly regarded in the Colorado Bar. She is seen as a reasonable and fair lawyer by defense attorneys who have been her opposing counsel, as well as by workers’ rights attorneys. Additionally, Ms. Sweeney has extensive trial experience, sixty percent of which consists of litigation. She … Read More

NELA Strongly Support The Nomination Of Jennifer Sung To The U.S. Court of Appeals For The Ninth Circuit

Dear Chairman 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 Jennifer Sung be confirmed to serve as a judge on the U.S. Court of Appeals for the Ninth Circuit— 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 the profound impact of the judiciary on the daily lives and the rights of working people.

Ms. Sung is eminently qualified to serve as a federal appellate judge. Ms. Sung is a labor lawyer with a background in workers’ rights and she is a former union organizer. First as a labor organizer, and then as an attorney, she spent nearly twenty years advocating for every-day working people from all walks of life, including … Read More

NELA Files Comments With DOL Supporting Minimum Wage Increase For Federal Workers

Division of Regulations, Legislation, and Interpretation
Wage and Hour Division
U.S. Department of Labor

Re: RIN 1235-AA41, Comments in Response to Proposed Rulemaking: Increasing the Minimum Wage for Federal Contractors

To Whom It May Concern:

The National Employment Lawyers Association (“NELA”) is submitting these comments regarding the U.S. Department of Labor’s Notice of Proposed Rulemaking (“NPRM”) on the increased minimum wage for federal contractors.

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 Rulemaking. NELA also engages in legislative advocacy on behalf of workers throughout the United States. Many NELA members represent workers … Read More