NELA

Empowering Workers' Rights Attorneys

Statements, Letters & Testimony

Statements, Letters & Testimony

NELA Comments On OPM Proposed Rule Diminishing Agencies’ Ability To Settle Cases, RIN 3206-AN60

VIA Electronic Submission on regulations.gov

Office of Personnel Management
1900 E Street, NW
Washington, DC 20415

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Re: Proposed Rule, RIN 3206-AN60
84 Fed.Reg. 48,794-48,806 (September 17, 2019)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 84 Fed.Reg. 48,794-48,806 (September 17, 2019).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 (NPRMs). NELA also engages in legislative advocacy on behalf of workers throughout the United States. A substantial number
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NELA Comments On DOL Notice Of Proposed Rulemaking On Joint Employer Status Under The Fair Labor Standards Act

VIA Federal eRulemaking Portal

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

RE: National Employment Lawyers Association Amended Comments On Notice Of Proposed Rulemaking Regarding Joint Employer Status Under The Fair Labor Standards Act RIN 1235-AA26

Dear Ms. DeBisschop:The National Employment Lawyers Association (“NELA”) is submitting these comments regarding the U.S. Department of Labor (“Department”)’s proposed rulemaking regarding joint employer status (“Proposed Rules” or “Interpretive Bulletin”) under the Fair Labor Standards Act (“FLSA” or “Act”). As written, the Proposed Rules are contrary to the language in the FLSA, conflict with United States Supreme Court precedent interpreting the FLSA, and describe as irrelevant, the factors circuit and district courts reasonably find instructive in the joint employer analysis. The Proposed Rules would have several adverse effects, including, but not limited to, encouraging employers to outsource responsibility for wage and hour compliance to labor brokers and staffing agencies, creating an uneven playing field for those employers that treat their workers as employees, fostering unsafe workplaces, and creating an inability for workers and the Department to collect earned wages from an entity that can afford

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NELA Comments On DOL Notice Of Proposed Rulemaking On The Regular Rate Rule Under The Fair Labor Standards Act

Submitted electronically via Federal eRulemaking Portal

Melissa Smith
Director of the Division of Regulations, Legislation and Interpretation Wage and Hour Division
U.S. Department of Labor
Room S-3502
200 Constitution Ave., NW
Washington, D.C. 20210

RE: NPRM Changes to Calculation of “Regular Rate” RIN 1235-AA24

Dear Ms. Smith:This letter provides the Department of Labor (DOL) with the collective comments of the more than 4,000 members of the National Employment Lawyers Association (NELA) and its 69 affiliates concerning the proposed changes to the regulations regarding the calculating of the “regular rate” for overtime pay purposes under the Fair Labor Standards Act (FLSA) as set forth in Parts 548 and 778 of CFR Title 29.

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

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The FAIR Act Restores Workers’ Access To America’s Civil Justice System

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The Honorable David N. Cicilline
Chairman
Subcommittee on Antitrust, Commercial and Administrative Law
U.S. House Committee on the Judiciary
2138 Rayburn Building
Washington, DC 20515

The Honorable F. James Sensenbrenner
Ranking Member
Subcommittee on Antitrust, Commercial Subcommittee on Antitrust,
Commercial and Administrative Law and Administrative Law
U.S. House Committee on the Judiciary U.S. House Committee on the Judiciary
2142 Rayburn House Office Building
Washington, DC 20515

Re: Letter in Support of the Forced Arbitration Injustice Repeal Act

Dear Chairman Cicilline and Ranking Member Sensenbrenner:

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 strong support for the House Judiciary Committee, Subcommittee on Antitrust, Commercial Subcommittee on Antitrust, Commercial and Administrative Law and Administrative Law hearing tomorrow, Justice Denied, Forced Arbitration and the Erosion of our Legal System, and for passage of the FAIR Act.

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 … Read More

NELA, GAP, Public Justice Comments To SEC RE: Whistleblower

Submitted via email to rule-comments@sec.gov

Emily Pasquinelli, Office of the Whistleblower, Division of Enforcement
Brian A. Ochs, Office of the General Counsel
Securities and Exchange Commission
100 F Street, NE
Washington, DC 20549-1090

Re: Comments from NELA, GAP, and Public Citizen to Proposed Amendments to the Securities and Exchange Commission (Commission or SEC) Whistleblower Program Rules; File No. S7-16-18
These comments are submitted on behalf of the National Employment Lawyers Association (NELA), the Government Accountability Project (GAP), and Public Citizen. These comments focus on the proposed rules implementing the anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act, 15 U.S.C. § 78u-6(h). Amendments to the Commission’s Whistleblower Program Rules, Release No. 34-83557, 83 Fed. Reg. 34702 (to be codified at 17 C.F.R. §§ 240, 249) (proposed June 29, 2018) (“Proposed Rulemaking”).NELA’s Work Protecting Workers from RetaliationNELA is the largest professional membership organization in the country comprising 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. NELA and its 69 circuit, state, and local affiliates have a membership of over 4,000 attorneys who are … Read More

NELA Letter In Opposition To Modernization of the Swine Slaughter Inspection

Submitted electronically: https://www.federalregister.gov/documents/2018/02/01/2018-01256/modernization-of-swine-slaughter-inspection#open-comment

Paul Kiecker
Acting Administrator
Food Safety and Inspection Service, USDA
Docket Clerk
Patriots Plaza 3
1400 Independence Avenue SW
Mailstop 3782, Room 9-163 A,
Washington, DC 20250

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Re: FSIS-2016-0017

Dear Acting Administrator Kiecker,

On behalf of the National Employment Lawyers Association (NELA) please accept these comments expressing our strong opposition to the United States Department of Agriculture (USDA) Food Safety and Inspection Service’s (FSIS) proposal to radically change the food safety inspection system in swine slaughter plants, which will endanger public health and worker safety. NELA strongly opposes the proposed Modernization of Swine Slaughter Inspection rule: FSIS-2016-0017 (RIN 0583-AD62). We are particularly opposed to any increase in maximum allowable line speeds in hog slaughter facilities above the current allowed 1,106 head per hour (hph), and urge the USDA to withdraw this proposed rule.

NELA is well qualified to comment on the issues identified in the NPRM because it 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. NELA and its 69 circuit,

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NELA Urges DOL To Withdraw NPRM On Tip Regulations Immediately

Submitted via http://www.regulations.gov

Melissa Smith
Director of the Division of Regulations, Legislation and Interpretation Wage and Hour Division
U.S. Department of Labor
Room S-3502
200 Constitution Ave., NW
Washington, D.C. 20210

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RE: Regulatory Information Number (RIN) 1235-AA21 Comments in Response to Notice of Proposed Rulemaking (NPRM)—Tip Regulations Under the Fair Labor Standards Act (FLSA)

Dear Ms. Smith:

The National Employment Lawyers Association (NELA) appreciates the opportunity to provide the Department of Labor (DOL or Department) with its views in response to the NPRM regarding the appropriate treatment of employees’ tips under the FLSA. The NPRM should be withdrawn immediately. This conclusion is unavoidable because of reports that the Department suppressed internal economic analysis demonstrating the negative impact the proposed rules will have on tipped workers, and because the rules cannot credibly be defended on any other grounds.

NELA is well qualified to comment on the issues identified in the NPRM because it 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. NELA and its 69

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NELA Calls On DOL To Withdraw NPRM RIN 1235-AA21

Melissa Smith
Director of the Division of Regulations, Legislation and Interpretation Wage and Hour Division
U.S. Department of Labor
Room S-3502
200 Constitution Ave., NW
Washington, D.C. 20210

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Dear Ms. Smith:

The National Employment Lawyers Association (NELA) calls on the Department of Labor (DOL) to withdraw immediately the Notice of Proposed Rulemaking, RIN 1235-AA21, Tip Regulations under the Fair Labor Standards Act (FLSA).

A report published by Bloomberg Law this morning stated that DOL prepared and then “shelved” economic analysis demonstrating that workers would lose billions of dollars in wages were the above-referenced NPRM to be finalized and implemented.1 This information is contrary to explicit statements in the NPRM in which the Department stated that that it is “unable to quantify how customers will respond to the proposed regulatory changes” and “currently lacks data to quantify possible reallocations of tips.”

DOL’s decision not to share the analysis described by the Bloomberg Law article is improper and flouts several authorities that govern federal agency rulemaking, including Executive Order 12866, Executive Order 13563, and guidance from the White House Office of Management and Budget, which require that agencies are to quantify costs and benefits of their proposed regulations wherever … Read More

NELA Comments To OMB RE: Disability Retirement Application

VIA Electronic Mail

Office of Information and Regulatory Affairs
Office of Management and Budget
725 17th Street NW
Washington, DC 20503
ATTN: Desk Officer for the Office of Personnel Management
E-mail: oira_submission@omb.eop.gov

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Re: Response to 30-Day Notice and Request for Comments 82 Fed.Reg. 61,593

To Whom It May Concern:The National Employment Lawyers Association (NELA) respectfully submits the following comments in response to the Office of Personnel Management’s (OPM) 30-Day Notice and Request for Comments on revisions to Standard Form 3112 (“SF-3112”), published in the Federal Register on December 28, 2017, 82 Fed. Reg. 61,593 (“Submission for Review: CSRS/FERS Documentation in Support of Disability Retirement Application, Standard Form 3112”).

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 … Read More