Statements, Letters & Testimony
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
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,
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
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 The NPRM should be withdrawn immediately.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
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
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
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
NELA Signs On To Coalition Letter On Reforming Procedures In Congress For Combating Harassment And Discrimination
NELA Signs On To Letter To Senate Judiciary Committee Opposing “Lawsuit Abuse” Tort Reform Hearing
November 7, 2017
The Honorable Charles E. Grassley, Chairman
Committee on the Judiciary
United States Senate
Washington, D.C. 20510
The Honorable Dianne Feinstein, Ranking Member
Committee on the Judiciary
United States Senate
Washington, D.C. 20510
Dear Chairman Grassley and Ranking Member Feinstein:
On November 8, 2017, the Committee is holding a hearing to examine “lawsuit abuse.” The
focus is apparently on whether the legal rights of individuals and small businesses should be
taken away. The undersigned organizations urge the Committee, in the strongest possible terms,
to reject such a course of action.
Today, those who have been injured, defrauded, cheated, discriminated against or otherwise
harmed, struggle to even get into civil court. Many individuals and businesses with legitimate
claims have been entirely blocked from bringing cases, disrupting the health, safety and
economic security of American families. Their legal rights have been severely weakened by
hundreds if not thousands of so-called “tort reform” laws that have become law around the
country in the last 40 years, a series of Supreme Court decisions that have stripped everyday
people of their 7th Amendment rights (including allowing wrongdoers to unilaterally block class
actions against them), and other action and inaction by Congress.
Just last … Read More
NELA Joins Coalition Letter Opposing Stop Settlement Slush Funds Act Of 2017
United States House of Representatives
Washington, DC 20515
October 23, 2017
Dear Members of the United States House of Representatives,
We urge you to oppose H.R. 732, the so-called Stop Settlement Slush Funds Act of 2017. The
bill prohibits settlement agreements where the United States is a party from including certain
“donations” to non-federal actors, primarily non-profits, educational, and community-based
organizations.
Under existing laws, settlements from federal enforcement actions can include payments to third
parties to advance programs that assist with recovery, benefits, and relief for communities
harmed by lawbreakers, to the extent such payments further the objectives of the enforcement
action. H.R. 732 would cut off any payments to third parties other than individualized restitution
and other forms of direct payment for “actual harm.” That restriction would handcuff federal
enforcement officials by limiting the ability of federal enforcement officials to negotiate real
relief for harms caused to the public by illegal conduct that is the subject of federal enforcement
actions.
This bill would be a gift to lawbreakers at the expense of families and communities suffering
from injuries that cannot be addressed by direct restitution because the bill would prevent federal
law enforcement agencies from negotiating forms of relief … Read More
NELA Joins Letter Supporting Wage Theft Prevention And Recovery Act
The Honorable Patty Murray
United States Senate
154 Russell Senate Office Building
Washington, D.C. 20510
The Honorable Rosa DeLauro
United States House of Representatives
Rayburn House Office Building
Washington, D.C. 20515
Re: The Wage Theft Prevention and Wage Recovery Act
Dear Senator Murray and Congresswoman DeLauro:
The undersigned organizations write in enthusiastic support for The Wage Theft Prevention and Wage
Recovery Act (S. 2697/H.R. 4376), which you introduced on March 16, 2016. As you know, wage theft is
an epidemic that costs mostly low-wage workers tens of billions of dollars each year in unpaid wages.
The legal tools they have at their disposal, be it thinly-resourced departments of labor or private
lawsuits, are not available to far too many workers seeking to be properly paid for all of their work. The
Wage Theft Prevention and Wage Recovery Act is an important and truly comprehensive weapon in the
fight against wage theft.
This legislation, if enacted, would for the first time, impose a federal mandate that workers be paid the
wages they were promised, not just the federal minimum wage. The bill would also impose a uniform
federal standard for what must be disclosed on a pay stub, giving workers the … Read More