NELA

Empowering Workers' Rights Attorneys

Statements, Letters & Testimony

Statements, Letters & Testimony

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

NELA Supports the Nomination of Nancy Abudu to the U.S. Court of Appeals for the Eleventh Circuit

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

On behalf of the National Employment Lawyers Association (NELA), and its 4,000 national, circuit, state, and local affiliate members across the country, we write to express our strongest support for the confirmation of Nancy Abudu to serve on the United States Court of Appeals for the Eleventh Circuit.

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 empowers workers’ rights attorneys through legal training, promoting a fair judiciary, and advocating for laws and policies that level the playing field for workers. 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. Abudu’s extensive litigation experience, her exemplary professional credentials, and her outstanding educational background, make her eminently qualified to serve as a federal appellate judge. Ms. Abudu received her undergraduate degree at Columbia University. She earned her law degree at Tulane University Law School where she served as Managing Editor of the Tulane Environmental Law Journal. While in law school … Read More

The National Employment Lawyers Association (NELA) Celebrates the Historic Appointment of Judge Ketanji Brown Jackson to the U. S. Supreme Court

By a vote of 53 to 47, the Senate today confirmed the appointment of Ketanji Brown Jackson to the United States Supreme Court, making her the first Black woman justice to serve on the high court in its 233-year history. All 50 Senate Democrats and three Senate Republicans voted in good faith to confirm her appointment. Justice Jackson’s historic confirmation is a culmination of her decades in public service as a Supreme Court clerk, public defender, District Court Judge, and most recently judge on the U.S. Court of Appeals for the DC Circuit. The National Employment Lawyers Association (NELA) celebrates this profound milestone in our nation’s history, and we congratulate Justice Jackson on her well-deserved achievement.

The United States needs judges on the bench who have a diversity of backgrounds, informed by real-life experience. The Supreme Court is the final word on many issues that profoundly affect the lives of working people, including those who have been victims of wage theft, workers who have experienced unjust harassment or discrimination, and those who face dangerous and unsafe conditions in their workplace. 

NELA has long advocated for demographic and experiential diversity on the bench – both are crucial to ensuring that … Read More

NELA Supports Confirmation of Judge Ketanji Brown Jackson to U.S. Supreme Court

United States Senate Committee on the Judiciary

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

On behalf of the National Employment Lawyers Association (NELA), and its 4,000 national, circuit, state, and local affiliate members across the country, we write to express our strongest possible recommendation and our enthusiastic support for the confirmation of Judge Ketanji Brown Jackson to the United States Supreme Court. We are proud to support President Biden’s inspiring and historic choice in nominating Judge Jackson. As our nation’s highest court, the Supreme Court oversees federal action on workers’ rights, among the many matters addressed by the Court.

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 empowers workers’ rights attorneys through legal training, promoting a fair judiciary, and advocating for laws and policies that level the playing field for workers. 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.

First and foremost, NELA seeks to ensure that the judges who hear and render decisions in … Read More

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