First, the brief points out that the provisions of the forced arbitration clauses at issue related to the sharing of fees and costs would make arbitration prohibitively expensive for the drivers, thus preventing them from effectively vindicating their rights under federal law
Mohamed v Uber_NELA Amicus_9th Cir_FINAL.pdf
Luxottica that PAGA waivers contained in forced arbitration agreements are unenforceable under California law
Based on our expertise in the area of forced arbitration clauses in employment agreements, NELA provided suggestions for the appropriate scope and sources of data for the Bureau’s study as well as its report to Congress
NELA Comments CFPB Arbitration Agreements_Final_06 16 2012.pdf
On March 19, 2013, the trial court refused to award attorney’s fees for their work as reflected in their fee petition, slashed their hours by 80% across the board, and awarded just $281,103.25, or 14% of the $1,981,678.00 originally sought. NELA's amicus brief urges the Eleventh Circuit to vacate the fee determination and remand for a more detailed explanation of the fee reductions
Hithon NELA Amicus Brief_Final1.pdf
The major issues on appeal are whether: (1) attorneys' fees were properly awarded to defendant under Christianburg Garment Co. v...Of Pinellas Cty. ; and (2) attorneys' fees were calculated properly pursuant to Fox v
Turner amicus brief_07.23.2014_FINAL.pdf
As increasingly fewer workers are covered by collective bargaining agreements and government agencies are stripped of the resources needed to enforce workers’ rights 1 , private enforcement of those rights becomes more essential
Horton required each new and current employee to sign an arbitration agreement covering all workplace-related claims and containing a class and collective action ban
NELA_Amici Curiae Brief_filed 7 27 11.pdf
Court of Appeals for the Second Circuit to affirm the district court’s refusal to enforce an arbitration agreement containing a class action ban in an employment discrimination case involving Title VII pattern-or-practice discrimination claims. Amici agree with the district court’s holding that pattern-or-practice claims are distinct from individual disparate treatment claims and that arbitration agreements therefore are unenforceable if they preclude plaintiffs from vindicating pattern-or-practice claims
Parisi v Goldman Sachs_NELAAmiciCuriaeBrief_Final_070212.pdf
Court of Appeals for the Second Circuit to affirm the district court’s refusal to enforce an arbitration agreement containing a class action ban in an employment discrimination case involving Title VII pattern-or-practice discrimination claims
For one thing, such a finding does not treat an arbitration agreement less favorably than any other contract that conflicts with federal law
The brief argues that based on 1) the policies and objectives underlying ERISA; 2) the functional authority granted to Anthem under the terms of the plan; and 3) the discretion exercised by ESI under its agreement with Anthem, both companies were fiduciaries under ERISA
In re Express Scripts Anthem ERISA Litigation_NELA AARP Amicus Brief_050218.pdf
Supreme Court held that the Federal Arbitration Act preempted a California state rule that, in some cases, precluded the enforcement of forced arbitration agreements containing class action waivers
Further, it highlights the importance of “Fair Share” fees in allowing public sector unions to continue to provide essential benefits and protections for both union and non-union workers
NWLC LCCHR NELA_Janus v. AFSCME Amicus Brief_US SC_011918.pdf
Moreover, the Ninth Circuit’s mistaken assertion that the FAA protects only federal and not state statutory rights threatens to allow employers (and other defendants) to force their employees into arbitration agreements that undercut unwaivable state statutory protections
NELA Amicus_final_04 02 12.pdf
Bias 2.0: What Every Employee Advocate Should Know October 12-13, 2012 Westin Peachtree Plaza Atlanta, GA Early-bird Member Fee $500 Legal Svs/Public Interest $475 NELA Law Students $275 Early-bird Ends Sept. 7 Details and Online Registration
Individuals interested in submitting proposals must agree to: (1) work cooperatively with the moderator and co-speaker(s) of his/her session in coordinating the oral presentations and written materials; (2) submit a substantive paper on the topic he/she has agreed to address by the specified deadline; (3) assume travel expenses; and (4) pay the Convention registration fee. NELA hopes to enhance the quality and diversity of its Annual Convention by including your ideas through this Call for Proposals
2013 Convention_Proposals Form.pdf
The need for retirement plan administrators to demonstrate the highest levels of prudence, loyalty, and care is of particular importance in the case of defined contribution retirement plans, such as 401(k) plans, as even relatively small additional fees or losses due to risky investments can have a large impact on the amount of savings available to plan beneficiaries upon retirement
Brotherston v. Putnam_1st Cir_AARP NELA Amicus Brief_110817.pdf
Supreme Court on Wednesday, August 16, 2017, in support of the National Labor Relations Board and employees in three consolidated cases addressing the validity of class, collective, and joint action bans in forced arbitration clauses in employment agreements. Specifically, the cases turn on whether the National Labor Relations Act (NLRA) and Norris-LaGuardia Act (NLGA) make it unlawful for an employer to prohibit its employees from filing legal claims on a joint, class, collective or other group action basis
Forced Arbitration Joint Action Ban Cases_NELA NELP Union Amicus Brief_US SC_Filed 081617.pdf
Horton, Inc. and Michael Cuda , the NLRB decided that an employer violates workers’ rights under the National Labor Relations Act (NLRA) when it requires employees covered by the NLRA, as a condition of their employment, to sign an agreement that precludes them from filing class, collective, joint, or representative claims addressing their wages, hours, or working conditions against the employer in any forum, both arbitral and judicial