NELA

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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

Paul H. Tobias, NELA Founder, Passes Away

NELA and The Institute are profoundly saddened by the passing of our Founder and first Executive Director Paul H. Tobias. Today we lost a giant, not just in plaintiffs’ employment law, but in the profession as a whole.

Paul was a visionary with tremendous compassion for working people, and he, along with a few of his colleagues, conceptualized a nationwide network to support attorneys who advocate for workers. With a handshake and an encouraging word for everyone who joined the fight, Paul spread the Just Cause Conspiracy. More than three decades later, NELA is the largest plaintiffs’ employment bar in the country, with more than 2,000 members and 69 state and local affiliates.

Paul’s belief that great things can be accomplished through a spirit of collaboration and community will continue to serve as our guiding light. He captured people’s imagination about what the workers’ rights community could accomplish together if we shared our knowledge and resources. He leaves a legacy that drives us all to work harder for equity and justice in the workplace. For that, and for his kind and generous nature, he will be greatly missed.

We will be in touch with information on a celebration of … Read More

The National Employment Lawyers Association And The Employee Rights Advocacy Institute For Law & Policy Applaud Hearing On House Bill To Restore Access To America’s Civil Justice System

(Washington, DC) – The National Employment Lawyers Association (NELA) and The Employee Rights Advocacy Institute For Law & Policy (The Institute) applaud Representative Hank Johnson (D-GA) for introducing the Forced Arbitration Injustice Repeal Act (FAIR Act), which will end the insidious corporate practice of forcing workers and consumers to give up their rights by mandating them to address disputes in secret, one-sided arbitration proceedings.

The FAIR Act will open the courthouse doors and restore workers’ access to America’s civil justice system. Among other things, the FAIR Act will make it unlawful for employers to impose arbitration on workers, unless the worker knowingly and voluntarily agrees to arbitration after a dispute arises or pursuant to a collective bargaining agreement. Over 60 million working people in the U.S. are now subject to forced arbitration clauses which were designed to keep them from enforcing their legal rights.

“The unjust practice of forcing workers into arbitration must finally be dismantled,” Jeffrey A. Mittman, NELA Executive Director, said. “It strips vulnerable workers of the right to enforce laws that were designed to protect them when they are victims of illegal treatment in the workplace. Forced arbitration favors employers and coerces workers into losing either their … Read More

NELA And The Institute Statement On The Breach Of The U.S. Capitol

NELA and The Institute express our profound distress over this week’s insurrection in our nation’s capitol, in one of the most sacrosanct of buildings—the halls of Congress. Our staff members in DC are safe. We are in contact with our Metro DC-based NELA members and MWELA (NELA’s DC Affiliate) members to ensure their well-being. Many in our country are hurting right now, including our members, allies, and supporters. What happened during what should have been a peaceful transfer of power ranks among the most profound, unsettling events in American history.

Regardless of this brazen attempt to upend our democracy, our Senators and Representatives fulfilled their obligation to confirm Joe Biden’s election. The message delivered by voters at the ballot box was loud and clear, and their voices will not be silenced, by threat or by force. We now look forward to working with the Biden-Harris administration to achieve our mission of empowering workers’ rights attorneys, promoting a fair judiciary, and advocating for laws and policies that level the playing field for workers.

As a community, we will move past the event and redouble of our efforts to create workplaces that are equitable, diverse, and inclusive, and to protect those who … Read More

Letter To The Senate Judiciary Committee Opposing The Confirmation Of Amy Coney Barrett To The U.S. Supreme Court

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Submitted Via Email

The Honorable Lindsay Graham, Chair
United States Senate Committee on the Judiciary
224 Dirksen Senate Office Building
Washington, DC 20510

The Honorable Dianne Feinstein, Ranking Member
United States Senate Committee on the Judiciary
152 Dirksen Senate Office Building
Washington, DC 20510

Dear Chairman Graham and Ranking Member Feinstein:

On behalf of the 2,000 members of the National Employment Lawyers Association (NELA), I write to express our strong opposition to the confirmation of Judge Amy Coney Barrett to the United States Supreme Court. Our additional 2,000 circuit, state, and local affiliate members across the country are also watching this confirmation process with concern.

At the outset, we must raise our strong objection to the blatant Republican double standard surrounding this confirmation process. There should be no disagreement that the confirmation process for a United States Supreme Court nominee should be advanced in an honest, fair, and principled manner. One should not need to write a letter to the United States Senate Committee on the Judiciary underscoring that the rules that have been applied to a confirmation process of a Supreme Court nominee nominated by a Democratic president should be the same rules applied to a confirmation … Read More

NELA Opposes The Confirmation Of SCOTUS Nominee Judge Amy Coney Barrett

“Working people deserve better than Judge Barrett.”

NELA strongly opposes the appointment of Judge Amy Coney Barrett to the U.S. Supreme Court. NELA, along with a sizable majority of Americans polled, believes that there should be no confirmation of the Court’s next Justice until after inauguration day in 2021. Early voting in the November election is underway; this important decision should be left to the next president and Senate, after the people have spoken.

A comprehensive review of Judge Barrett’s record makes it abundantly clear that she is a threat to the working people of this country and the civil rights protections for which so many have fought.

Judge Barrett’s decisions reflect an utter failure to grasp the realities of the workplace for regular, everyday working people. She sided with corporations and employers over working people in 83 percent of the employment-related cases reviewed.

These are just a few examples of Judge Barrett’s disregard for worker protections:

Barrett Upholds Racial Discrimination
Barrett authored the opinion in Terry Smith v. Illinois Department of Transportation, concluding that a Black employee who was called the “N” word in his workplace had not established that he faced a hostile work environment.
Barrett Upholds
… Read More

NELA And The Institute Joint Statement On The Long Road To Racial Justice In This Country

National Employment Lawyers Association And The Employee Rights Advocacy Institute For Law & Policy Joint Statement On The Long Road To Racial Justice In This Country

NELA and The Institute express our profound outrage and sadness regarding the deaths of George Floyd, Breonna Taylor, Ahmaud Arbery, and so many others in this country who have lost their lives because of the color of their skin.

We can never accept brutality and inequity. As workers’ rights advocates, we see every day the insidious ways racism and bias strip people of their human rights, rights to equal pay, equal treatment, and even the right to feel safe at work. NELA and The Institute will never accept institutionalized exclusion and oppression of Black people; the results of this injustice are born out in pay disparities, poverty and unemployment levels, and health and health care disparities that have been exacerbated during the COVID-19 pandemic. We share the anger and sorrow of our communities. We share the responsibility and the labor for blazing a different trail, and recognize this as a call to an even greater commitment in our work and lives.

NELA and The Institute were founded to strengthen the legal system to better … Read More

Fair Act Introduced

NELA applauds the leadership of Senator Richard Blumenthal (D-CT) and Representatives Hank Johnson (D-GA) and Jerry Nadler (D-NY) in introducing the Forced Arbitration Injustice Repeal Act (FAIR Act)

… Read More