On April 3, 2019, NELA and The NELA Institute jointly filed an amicus brief with the U.S. Supreme Court, urging the Court to rule that Title VII's administrative-exhaustion requirement is a waivable claim-processing rule and not a jurisdictional prerequisite to suit. This case arose after...
NELA Amicus Brief Fort Bend County TX v Davis.pdf
On July 25, 2018, NELA joined the Economic Policy Institute and the International Brotherhood of Teamsters in supporting an amicus brief authored by the National Employment Law Project (NELP) in New Prime, Inc. v. Oliveira , pending currently in the U.S. Supreme Court. The case concerns...
New Prime v. Oliveira_NELP NELA Amicus Brief_072518.pdf
On July 12, 2018, NELA was pleased to join our colleagues at AARP and AARP Foundation Litigation on an amicus brief in support of the Respondents John Guido and Dennis Rankin in Mt. Lemmon Fire District v. Guido & Rankin , pending currently in the U.S. Supreme Court. This case concerns...
Mt. Lemmon v. Guido_US SC_AARP NELA Amicus Brief_071218.pdf
On January 19, 2018, NELA joined a coalition of over 80 civil and workers’ rights groups in filing an amicus brief on behalf of the Respondents in Janus v. AFSCME, et al. , pending currently in the U.S. Supreme Court. This case involves a challenge to “Fair Share” rules, which require non...
NWLC LCCHR NELA_Janus v. AFSCME Amicus Brief_US SC_011918.pdf
On Thursday, December 7, 2017, NELA filed an amicus brief in the U.S. Supreme Court on behalf of the Respondents in Encino Motorcars, LLC v. Navarro, et al. At issue in this case is whether automobile dealership Service Advisors are exempt from the overtime protections in the Fair Labor...
NELA Amicus Brief_Encino Motors v. Navarro_US SC_120717.pdf
NELA was proud to join with our colleagues at the National Employment Law Project and ten labor unions in filing an amicus brief in the U.S. Supreme Court on Wednesday, August 16, 2017, in support of the National Labor Relations Board and employees in three consolidated cases addressing the...
Forced Arbitration Joint Action Ban Cases_NELA NELP Union Amicus Brief_US SC_Filed 081617.pdf
#Amicus #ERISA #USSupremeCourt
Advocate Healthcare_NELA Amicus_Final.pdf
#Amicus #USSupremeCourt #LGBT
GCSB v. GG_US Supreme Court Amicus Brief.pdf
On April 6, 2016, NELA and the National Employment Law Project filed an amicus brief in the U.S. Supreme Court in support of the Respondents in Encino Motors, LLC v. Navarro (Case No. 15-415), currently pending in the U.S. Supreme Court. Our amicus brief is focused tightly on addressing...
Encino Motors v. Navarro_NELA and NELP Amicus Brief_040616.pdf
On September 29, 2015, NELA filed an amicus brief jointly with AARP, Interfaith Worker Justice, and the National Employment Law Project (NELP) in support of respondents in Tyson Foods Inc. v. Bouaphakeo , No. 14-1146, pending in the U.S. Supreme Court. This case concerns certification of...
Tyson v. Bouaphakeo_AARP, NELP, NELA Amicus Brief.pdf
On August 31, 2015, NELA, joined by the National Employment Law Project (NELP), filed an amicus brief, in support of the respondent in Campbell-Ewald Co. v. Gomez , No. 14-857, pending in the U.S. Supreme Court on appeal from the U.S. Court of Appeals for the Ninth Circuit. This case concerns...
14-857 bsac NELA.pdf
On August 31, 2015, NELA, joined by the National Employment Law Project (NELP), filed an amicus brief, in support of the respondent in Campbell-Ewald Co. v. Gomez , No. 14-857, pending in the U.S. Supreme Court on appeal from the U.S. Court of Appeals for the Ninth Circuit. This case...
On July 13, 2015, NELA filed an amicus brief in support of petitioner in Green v. Brennan , No. 14-613, pending in the U.S. Supreme Court on appeal from the U.S. Court of Appeals for the Tenth Circuit. This case concerns the timeliness of an EEO complaint alleging constructive discharge under...
14-613 tsac NELA.pdf
By Joseph Dalia Employee Rights Advocacy Law Student Fellow The Employee Rights Advocacy Institute For Law & Policy In an 8-1 decision written by Justice Antonin Scalia, the U.S. Supreme Court on June 1, 2015 held in EEOC v. Abercrombie & Fitch Stores, Inc . that under Title...
The U.S. Supreme Court issued a decision on April 29, 2015 in Mach Mining, LLC v. EEOC regarding whether any judicial review of the Equal Employment Opportunity Commission’s (EEOC) conciliation efforts under Title VII is appropriate, resolving a circuit split. In a unanimous opinion...
On December 10, 2014, NELA joined the General Conference of the Seventh-day Adventists and other religious and civil rights organizations to file an amicus brief supporting Petitioner EEOC in the case of EEOC v. Abercrombie & Fitch Stores, Inc., Case No. 14-86, pending in the U.S....
Abercrombie-Amicus-Merits (14-12-10-final).pdf
On December 17, 2014, NELA joined the National Whistleblowers Legal Defense and Education Fund, Truckers Justice Center and Teamsters for a Democratic Union to file an amicus brief in support of Complainant Robert Powers in the case of Powers v. Union Pacific RR Co., Case No. 13-034, pending...
NELA amici-curiae-brief Powers v Union Pacific_ARB 13-034.pdf
On November 4, 2014, NELA joined the Impact Fund, AARP and other organizations to file an amicus brief in support of respondent EEOC in the case of Mach Mining, LLC v. EEOC , Case No. 13-1019, pending in the U.S. Supreme Court. The question presented in this case is: Whether and to what...
13-1019 bsac Impact Fund.pdf
On August 11, 2014, NELA filed an amicus brief in support of Respondents in the U.S. Supreme Court in Integrity Staffing Solutions, Inc. v. Busk , No. 13-433, a Fair Labor Standards Act (FLSA) case. NELA members Mark R. Thierman and Eric Schnapper represent Respondents Jesse Busk and Laurie...
13-433 bsac Nat'l Employment Lawyers Assn.pdf
On July 28, 2014, NELA filed an amicus brief in support of a petition for certiorari in the U.S. Supreme Court in Graves v. Deutsche Bank Securities, Inc. , No. 13-1546. The petition was filed by NELA members Richard T. Seymour and Eric Schnapper on behalf of petitioner Daniel B. Graves....
NELA Amicus Brief_Graves v. DBSI_Final.pdf
The following Guest Blog was written by Daniel B. Kohrman, NELA's Vice President of Public Policy. The Fall 2013 Term of the U.S. Supreme Court began Monday with an age discrimination case, with broad implications for civil rights enforcement under the Fourteenth Amendment to the...
NELA and the Government Accountability Project argue in this amicus brief that the remedial nature of the Sarbanes-Oxley Act (SOX) calls for broad and inclusive application, which is necessary to prevent a crisis in the mutual fund industry, such as the one that occurred in the banking sector...
NELAAmicus_Lawson_final_08 07 2013.pdf
Heimseshoff v. Hartford Life & Accident Insurance Co. and Wal-Mart Stores, Inc. (Case No. 12-729) involves the question of when a statute of limitations should accrue under ERISA for judicial review of an adverse disability benefit determination. In this case, the plaintiff brought suit to...
NELAAmicusBrief_12-729_tsac_aarp nela.pdf
Summary of NELA’s Amicus Brief: The Supreme Court has repeatedly recognized that to effectively enforce Title VII’s substantive protections, Title VII’s antiretaliation provision must be broadly interpreted to ensure unfettered access to statutory remedial mechanisms. ...
12-484 bsac National Employment Lawyers Association et al.pdf
This year marks two significant milestones in the life and career of U.S. Supreme Court Justice Ruth Bader Ginsburg: her 80th birthday on March 15th and the 20th anniversary of her confirmation to the U.S. Supreme Court on August 10th. NELA takes this opportunity to celebrate Justice Ginsburg...