On January 28, NELA filed an amicus brief in the NLRB case The Atlanta Opera, Inc. and Make-Up Artists and Hair Stylists Union, Local 798, IATSE. This case addresses whether the Board should reconsider its standard for determining the independent contractor status of workers. The brief examines the many ways in which NLRB definitions, standards and tests affect various antitrust, trademark, and tort laws. As the brief concludes, “Employers should not be allowed to assert “entrepreneurial freedom” where that argument would imply an antitrust violation, or “naked licensing” of its trademark. Nor should employers be allowed to assert independent contractor status where that claim would be rejected in common-law courts in tort cases.” We are grateful to our drafters Michael T. Anderson, Adam C. Breihan, Mark Hanna and Roseann R. Romano (Murphy Anderson, PLLC) and Shannon Liss-Riordan and Zachary L. Rubin (Lichten & Liss-Riordan, P.C.) for drafting this important brief.
… Read MoreIndependent Contractor
Hamrick v. Partsfleet, LLC
On July 20, NELA signed on to an amicus brief filed by the National Employment Law Project in the Eleventh Circuit case of Hamrick v. Partsfleet, LLC. The brief, filed in support of a petition for en banc review, challenges a ruling that drivers who do not cross state lines are not engaged in interstate commerce, and are therefore not protected by the Federal Arbitration Act. Hamrick and his fellow drivers were misclassified as independent contractors and denied overtime, and compelled into arbitration. The brief argues that where delivery drivers deliver goods that have been transported between states, those workers are protected under the Federal Arbitration Act. We are grateful to NELP and NELA member Shannon Liss-Riordan, Lichten & Liss-Riordan PC (MA) for drafting this brief.
… Read MoreNELA 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 Independent Contractor Status Under the Fair Labor Standards Act, Delay of Effective Date (RIN 1235-AA34)
Submitted via: federalregister.gov
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-AA34: Independent Contractor Status Under the Fair Labor Standards Act, Delay of Effective Date
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 Delay of the Effective Date of RIN 1235-AA34; Fed. Reg. Vol. 86, 8326. (February 5, 2021)
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 … Read More
