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NELA Statement on Worksite Raids by U.S. Immigration and Customs Enforcement

ICE Worksite Raids Target Vulnerable Workers and Undermine Labor Protections

The National Employment Lawyers Association (NELA) condemns the raids conducted by U.S. Immigration and Customs Enforcement (ICE) and its law enforcement collaborators, which target vulnerable workers, suppress their voices, and deny access to the legal systems in place to protect them. These raids are a direct assault on fundamental human rights and do nothing to address the root causes of labor exploitation, silencing individuals who might otherwise report wage theft, discrimination, hazardous conditions, and even human trafficking.

By perpetuating a climate of intimidation, ICE’s actions enable abuse, erode access to labor and employment protections, and undermine due process. No worker—regardless of immigration status—should fear retaliation for demanding fair wages and safe working conditions. These raids harm not only the individuals they target but also the integrity of our labor system, creating an environment where abusive workplace conduct thrives unchecked and workers and their advocates are in danger of arrest, deportation, or other harms.

NELA calls for an end to these raids and urges enforcement efforts to focus on holding employers accountable for labor and employment law violations, rather than punishing the workers subjected to their employers’ greed. We stand resolute … Read More

Statement From The National Employment Lawyers Association And National Institute For Workers’ Rights On EEOC Acting Chair Lucas’ Letters To Law Firms

The National Employment Lawyers Association and the National Institute for Workers’ Rights are deeply troubled by Acting Chair Andrea Lucas’ recent letters to twenty law firms aimed at scrutinizing or undermining their attempts to prevent discrimination and promote opportunity. Acting Chair Lucas has no authority to send these letters and demand this information, as explained in the March 18 letter from former EEOC officials. The letters represent an alarming betrayal of the agency’s fundamental mission of eradicating workplace discrimination and promoting equitable employment practices.

Though NELA members are often on the other side of these law firms in cases, we stand by their side in defending their right—indeed, obligation—to ensure their workplaces are fair and free of bias. The legal profession has traditionally not been hospitable to women, people of color, and others who are underrepresented in occupations like law. Firms that are trying to change that should be lauded, not criticized.

Law firms play a pivotal role in shaping employment policies and guiding corporate America’s understanding and implementation of civil rights law. If the legal profession is dissuaded from trying to make their hiring and promotion practices fair and prevent discrimination, the downstream effect on countless organizations and industries … Read More

Chicago Attorney M. Nieves Bolaños Elected President Of The National Employment Lawyers Association

Bolaños is the first Latina to serve as board president of 39-year-old organization

Concord, Calif. – July 26, 2024 – The Board of the National Employment Lawyers Association (NELA), the nation’s largest bar association whose members exclusively or primarily represent workers, has elected its officers for 2024-2025. The NELA Board is composed of 24 member attorneys from around the country. M. Nieves Bolaños, the first Latina to serve as NELA’s president, assumes the role from Carla D. Brown, the first Black woman leader of the organization. This transition represents a significant milestone for NELA, highlighting the importance of diverse representation in leadership roles within the organization and the legal community as a whole.

NELA Board:

President
M. Nieves Bolaños
Hawks Quindel, SC, Chicago, IL

First Vice President
Ben Lebsack
Lowrey Parady Lebsack, LLC, Denver, CO

Vice President of Diversity, Equity, Inclusion & Accessibility
Bryce W. Ashby
Donati Law, PLLC, Memphis, TN

Vice President of Affiliate Relations
Deborah H. Karpatkin
Law Office of Deborah H. Karpatkin, New York, NY

Immediate Past President
Carla D. Brown
Charlson Bredehoft Cohen Brown & Nadelhaft, P.C., Reston, VA

Secretary
Summer H. Murshid
Hawks Quindel, SC, Milwaukee WI

Treasurer
Christopher Houk
Houk Law Firm, PLLC, Tempe, … Read More

NELA Statement on FTC’s New Rule Banning Non-Compete Clauses

The National Employment Lawyers Association (NELA) applauds the Federal Trade Commission’s (FTC) rule banning non-compete clauses, putting power back into the hands of workers to make decisions about where they work and what’s best for their families.

NELA members have been fighting coercive non-competes for their clients for decades and understand how these clauses stifle workers and limit their potential. NELA supports the FTC’s final rule, which bans new non-competes for all workers of for-profit companies and invalidates those companies’ existing non-competes, except for non-competes executed by “senior executives” before the FTC’s final rule takes effect. 

NELA submitted comments supporting the proposed ban in April 2023, when it was first proposed by the FTC. In voting on the final rule, FTC Chair Lina Khan and other Commissioners noted that non-competes exploit workers, prevent competition, and limit innovation. NELA is thrilled that the FTC’s ban will give workers freedom to leave abusive workplaces and to find better jobs.… Read More

A Win for Workers: Karla Gilbride Confirmed as General Counsel to the EEOC

NELA celebrates the confirmation of Karla Gilbride as the Equal Employment Opportunity Commission’s (EEOC) General Counsel. Ms. Gilbride’s breadth of experience makes her well qualified to coordinate regional and field office litigation to maximize enforcement of federal employment anti-discrimination laws in harmony with the broader strategy of the agency.

The EEOC is the first defense for workers seeking justice when they have experienced discrimination, harassment, or other illegal treatment at their place of employment. In her hearing before the Senate HELP Committee, Ms. Gilbride’s responses demonstrated her deep knowledge of the issues for which the EEOC has responsibility and her strong commitment to the mission of the agency. For over 15 years, she has represented workers across industries, from migrant farmworkers to women in the finance industry to prison employees. She has represented many different clients, from many walks of life, but her mission has remained constant: to enforce workers’ rights to safe and equitable working conditions under the law.

Karla’s experience includes acting as Co-Director of Public Justice’s Access to Justice Project and serving as NELA’s Vice President of Public Policy. A NELA member since 2015, she has been instrumental in our efforts to end forced arbitration in employment … Read More

Rodgers-Rouzier v. American Queen Steamboat Operating Company

On September 5, NELA filed an amicus brief in the 7th Circuit, supporting workers who had their FLSA claims dismissed in Rodgers-Rouzier v. American Queen Steamboat Operating Company. This case hinged on whether opt-in plaintiffs were in fact party plaintiffs and when the statute of limitations begins tolling for these plaintiffs. The brief highlights that requiring anything beyond written consent forms for a plaintiff to be classified as a “party plaintiff” would create a circuit split, putting the seventh circuit directly in contradiction with a number of other circuits and Supreme Court jurisprudence. Additionally, the brief notes that “the language of the FLSA, this Circuit’s caselaw, and the purpose of FLSA collective actions all support a rule that the statute of limitations for opt-in plaintiffs in an FLSA collective action is tolled on the date they file their written consent and become a party plaintiff to the action.” NELA is grateful to NELA Board Member Summer H. Murshid, Martha Burke and Connor Clegg, Hawks Quindel, S.C. (WI) and Clif Alexander and Lauren E. Braddy, Anderson Alexander, PLLC (TX) for drafting this important brief.… Read More

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Strengthening Workers’ Rights: Kalpana Kotagal Confirmed as EEOC Commissioner

NELA celebrates the confirmation of Kalpana Kotagal as the newest commissioner of the Equal Employment Opportunity Commission (EEOC). Ms. Kotagal’s extensive record of fairness and justice will strengthen the EEOC as it continues its mission to protect workers from discrimination.

Ms. Kotagal has extensive litigation experience handling cases on behalf of employees under a range of federal civil rights and employment discrimination statutes, including Title VII of the Civil Rights Act, the Pregnancy Discrimination Act (PDA), the Equal Pay Act, the Rehabilitation Act, the Fair Labor Standards Act (FLSA), the Family Medical Leave Act (FMLA), and the Americans with Disabilities Act (ADA). Her lifetime commitment to civil rights and equal justice as well as her creativity and leadership, will benefit the workers across the country.

“Kalpana has been an inspirational champion for workers’ rights,” said NELA Executive Director Jeffrey Mittman, “and her long-awaited confirmation is a well-deserved recognition of her efforts. We congratulate Kalpana and look forward to working with her and the full complement of EEOC Commissioners to continue pursuing equity for those suffering injustices in the workplace, and clarify the rights and responsibilities of workers and employers alike.”

Ms. Kotagal is a partner in Cohen Milstein’s Civil Rights … Read More

Groff v. DeJoy

On March 6, 2023, NELA and the Institute jointly filed an amicus brief with the U.S. Supreme Court in Groff v. DeJoy (22-174), urging the court to strike a delicate balance for workers while reevaluating the current standard for providing religious accommodations as set forth in Hardison. The brief recognizes the need for clarification of the current Hardison de minimis standard, which was written in a context where undue hardship was not yet part of Title VII. NELA and the Institute argue that the court should revise the standard to require employers to show actual harm and reiterate the appropriate standard for summary judgment adjudication—two hurdles which are often difficult to overcome for religious employees seeking to receive reasonable accommodations for sincerely held religious beliefs. Additionally, the brief advocates for an undue hardship burden which takes into account the impact of accommodations on other employees, aiming to protect workers from discrimination by employers or colleagues under the guise of religious accommodations. NELA is deeply grateful to Professor Michael L. Foreman and the Penn State Law Civil Rights Appellate Clinic, who served as principal drafters of the brief, with editing support from NELA’s Amicus Advisory Council, NELA Program Director Ashley … Read More

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Pregnant Workers Gain Critical Protections As Omnibus Spending Package Goes To White House

In a show of strong bipartisan support (73-24), the Senate voted on Thursday to include the Pregnant Workers Fairness Act (PWFA) in the Senate version of the 2023 financial omnibus bill. Today, the House passed the bill and it is now on the way to the White House, clearing the act’s path to law after a 10-year fight. The National Employment Lawyers Association praises the success of this critical piece of legislation that positively impacts pregnant workers in all industries across the nation. NELA members were a key component of the coalition that led this battle, and we are thankful both for your efforts and dedication to workers’ rights.

This is a remarkable end-of-year accomplishment for all those who have fought for the PWFA’s passage. Pregnant workers across the country, particularly those in low-income jobs and in the service industries, have faced heartbreaking challenges when requesting accommodations in the name of their health—many forced into unsafe working conditions, reduced pay, unpaid leave, or termination. Our members have seen firsthand the devastation pregnancy discrimination inflicts on pregnant workers and their families, and your advocacy and support has brought about real, tangible change.

No worker should have to choose between risking their … Read More

NELA Comments in Support of DOL Notice of Proposed Rulemaking on Independent Contractors

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

 Comments on RIN 1235-AA43: Employee or Independent Contractor Classification under the Fair Labor Standards Act

Dear Ms. DeBisnaomischop:

The National Employment Lawyers Association (NELA) submits these comments in support of the U.S. Department of Labor’s (DOL’s) Notice of Proposed Rulemaking (the Proposed Rule) on the status of independent contractors under the Fair Labor Standards Act (FLSA).

Introduction

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. NELA and its 69 circuit, state, and local affiliates have a membership of over 4,000 attorneys. NELA has filed numerous amicus curiae briefs before the United States Supreme Court and other federal appellate courts, as well as comments on relevant Notices of Proposed Rulemaking. Our members are the lawyers who represent workers who are misclassified as independent contractors, and consequently deprived of the most basic protections of the FLSA and other employment and civil rights laws. Thus, NELA has both an interest in, and … Read More

NELA Joins 90+ Other Organizations In Supporting Kalpana Kotagal’s Nomination to the EEOC

On Tuesday, September 7, NELA joined a coalition of 90+ organizations in supporting Kalpana Kotagal’s nomination to the Equal Employment Opportunity Commission (EEOC). Ms. Kotagal’s lifetime commitment to civil rights and equal justice as well as her creativity and leadership will benefit the EEOC and workers across the country. NELA endorses Ms. Kotagal and, along with our coalition partners, strongly urges the Senate to confirm her to serve on this commission.

Read the letter.… Read More

NELA Stands Against Dobbs’ Assault on Reproductive Justice

For immediate release
Concord, CA – June 24, 2022
Contact: Andrea Hansen, (509) 306-1867, ahansen@flyingcrow.com

Since the founding of the National Employment Lawyers Association (NELA) in 1985, and the National Institute for Workers’ Rights in 2008, our shared vision for working people has remained constant: a future in which all workers are treated with dignity and respect; workplaces are equitable, diverse, and inclusive; and the well-being of workers is a priority in business practices. Full civil rights and equality for women and people of color are essential to workplace equity.

As a result of the U.S. Supreme Court’s ruling today in Dobbs v. Jackson Women’s Health Organization, abortion services will become unavailable to millions of workers across the country. By permitting states to interfere in the private medical decisions of those who are pregnant, the economic security and physical safety of all women are now at risk. This risk will be disproportionately borne by low-income workers and families, and by women of color.

NELA lawyers represent workers in all fifty states and fight daily mistreatment by employers–including gender, race, and pregnancy discrimination, sexual harassment and assault, and denial of benefits.

Linda Correia, President of NELA and Institute board member stated: … Read More