NELA

Empowering Workers' Rights Attorneys

Statements, Letters & Testimony

Statements, Letters & Testimony

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

NELA Comments On DOL Tip Regulations Under The Fair Labor Standards Act: Partial Withdrawal

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

Comments on Regulatory Information Number (RIN) 1235-AA21: Tip Regulations under the Fair Labor Standards Act: Partial Withdrawal

Dear Ms. DeBisschop:

The National Employment Lawyers Association (NELA) supports the above-referenced Department of Labor (“Department” or “DOL”) proposed rulemaking, which clarifies that an employer may only take a tip credit when tipped employees perform work that produces tips or a non-substantial amount of work that directly supports tip-producing work, and defines “substantial amount of time” as more than 20 percent of all hours worked during the employee’s workweek or exceeding 30 continuous minutes.

NELA has an important interest in the Department’s proposal.  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 … Read More

NELA Strongly Support The Nomination Of Myrna Pérez To The U.S. Court Of Appeals For The Second Circuit

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 circuit, state, and local affiliate members across the country, we write to express our organization’s strong support for the nomination of Myrna Pérez to serve as a judge on the United States Court of Appeals for the Second 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 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.

The working people of our nation need and deserve judges who will protect the rights of all Americans and our democracy. The ballot box is a critical place where working people have a voice. Ms. Pérez has devoted her career to the principle at the … Read More

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