While NELA plans to submit comments on the adverse consequences of imposing these new limits, the Committee also needs to hear from practitioners about the difficulty in obtaining necessary discovery under the current rules. We encourage you to submit personal stories from your own cases about your inability to obtain needed discovery beyond presumptive limits, and how further narrowing the rules will impede justice for your clients
McCutchen , an ERISA case currently pending in the United States Supreme Court. While the underlying cause of action in this case was a tort claim, an adverse ruling in this case could have profound consequences for any employees who currently participate in employer-sponsored benefit plans
11-1285 Amici Curiae Brief (AARP) filed 10-25-12.pdf
On October 26th, NELA, joined by AARP, The National Employment Law Project, The Legal Aid Society, the California Rural Legal Assistance Foundation, the DC Employment Justice Center, filed an amicus brief in support of the Respondent, Laura Symczyk, in Genesis Healthcare Corp. v. Symczyk , currently pending in the United States Supreme Court
Austin Electrical Services , pending currently in the U.S. Ninth Circuit Court of Appeals. This case concerns the defendant-employer using an ostensibly neutral workplace audit as a pretense to deploy inappropriate, misleading, and potentially coercive tactics towards workers participating in an ongoing collective action against the company. When the district court justifiably enjoined the employer from continuing its campaign against the workers, the company sought appellate review
Acosta v. Austin Electrical Servs_NELA Impact Fund Amicus Brief_9th Cir_102318.pdf
Sessions , pending currently in U.S. Court of Appeals for the D.C
Reagan Diaz v. Sessions_NELA AARP Amicus Brief_020918.pdf
Oliveira , pending currently in the U.S. Supreme Court. The case concerns whether the Federal Arbitration Act’s (FAA) exemption of “contracts of employment” from its coverage applies to clauses purporting to treat workers as independent contractors, and whether the resolution of that question may properly be delegated to an arbitrator. In addition to arguing that the contract at issue in this case should be exempt under the plain language of the FAA, the amicus brief adds essential context by detailing the independent contractor misclassification problems endemic in the trucking industry and the abuses of workers they engender, in addition to the detrimental effects they have on other employers, state budget and tax coffers, and on employers’ economic incentives to misclassify more drivers
New Prime v. Oliveira_NELP NELA Amicus Brief_072518.pdf
These Protocols were developed over the course of eighteen months by a joint committee consisting of NELA members and members of the management bar. The project was supervised by Judge John G. Koeltl (S.D.N.Y.), and the final protocols were adopted by the Judicial Conference Advisory Committee...
Initial Discovery Protocols For Employment Cases_Nov 2011.pdf
The article summarizes the recently adopted Initial Discovery Protocols For Employment Cases and includes commentary from Judge John G
The Third Branch_Employment Discovery Protocols Article_Feb 2012.pdf
NELA developed this Fact Sheet to help NELA members and other workers' rights advocates understand the recently adopted Initial Discovery Protocols For Employment Discrimination Cases, as well as to provide background information on the development of the protocols, summarize the benefits provided by the Protocols, and suggest ways in which attorneys can help encourage the judges before whom they appear to adopt the Protocols
NELA Fact Sheet_Implementating The Initial Discovery Protocols_Feb 2012.pdf
In their meandering petition, the defendants challenged not only the district court’s decision on conditional certification in this case, but also the two-step process for certifying collective actions that is currently used in every federal circuit
In re Wells Fargo W & H Litigation_NELA Amicus_Final.pdf
On October 26th, NELA, joined by AARP, The National Employment Law Project, The Legal Aid Society, the California Rural Legal Assistance Foundation, the DC Employment Justice Center, filed an amicus brief in support of the Respondent, Laura Symczyk, in Genesis Healthcare Corp. v. Symczyk, currently pending in the United States Supreme Court
11-1059 bsac NELA.pdf
Furthermore, the Act does little to improve transparency in payment practices because it allows employers to prohibit their employees from discussing compensation amongst themselves
While the rulings have not sounded the death knell for class, collective, joint, or representative actions, they have generally made it more difficult for employees to have their day in court and shine a light on employer misconduct
The proposed rules sought to reduce the presumptive number of depositions to five from ten, each deposition to one day of six hours instead of seven hours, the presumptive number of interrogatories to 15 from 25, and to create a presumptive limit of 25 requests for admission where none previously existed. Two additional proposed rules regarding proportionality and spoliation also would have affected plaintiffs’ ability to obtain discovery of evidence asymetrically in employers’ hands and make it harder to obtain a remedy for destruction of evidence
1 Comment - The rejection of the more draconian rules can be cited in any discovery motion. This alone pays for our NELA membership in the effectiveness category!
This brief asks the Supreme Court of Pennsylvania to confirm that Pennsylvania’s Minimum Wage Act (“PMWA”) is more protective than the Fair Labor Standards Act (“FLSA”), the current federal floor for workplace protections, therefore ensuring that Amazon pays their workers for required screenings completed onsite
Heimbach v. Amazon Final Docketed Brief (3.6.2020).pdf