2023-06-22T13:46:38-05:00 2022-12-31 135565207 KPMG LLP 1201 DEMONBREUN STREET SUITE 1100 NASHVILLE TN 37203 990 2022-01-01 621570449 NFIB SMALL BUSINESS LEGAL CENTER NFIB 6158725800 53 CENTURY BOULEVARD 250 NASHVILLE TN 372143682 DAWN SIMPSON TREASURER 6158725800 2023-06-21 1 DAWN SIMPSON 999009999 0 BAXTER WILDER P01212441 6152441602 2 AAL1 IAL1 2022 2023-04-26 12:10:37Z BRAD CLOSE 555 12TH STREET NW STE WASHINGTON DC 20004 1202615 0 X WWW.NFIB.COM/FOUNDATIONS/LEGAL-CENTER X 1994 TN THE NFIB SMALL BUSINESS LEGAL CENTER'S MISSION IS TO BE THE VOICE FOR SMALL BUSINESS (SEE SCH O) 11 10 5 0 0 0 1300446 1202025 0 0 34 54 423 536 1300903 1202615 0 0 0 0 772804 732627 0 0 177614 324637 355602 1097441 1088229 203462 114386 563152 631972 177614 132048 385538 499924 X THE NFIB SMALL BUSINESS LEGAL CENTER IS A NONPROFIT PUBLIC BENEFIT CORPORATION CREATED UNDER THE TENNESSEE NONPROFIT CORPORATION ACT. IT IS ORGANIZED EXCLUSIVELY FOR CHARITABLE, EDUCATIONAL, AND SCIENTIFIC PURPOSES AS PERMITTED BY SECTION 501(C)(3) (SEE SCH O) 0 0 877336 SEE SCHEDULE O FOR SUMMARY OF 2022 CASES 877336 1 1 0 0 0 0 0 0 0 0 0 0 0 0 1 1 1 1 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 1 1 0 1 12 0 1 5 1 0 0 0 0 0 0 0 0 0 0 0 0 X 11 10 0 0 0 0 0 0 0 1 1 0 0 0 1 1 1 1 1 0 0 0 AL AK AR CA CO CT DC FL GA HI IL KS KY ME MD MA MI MN MS NV NH NJ NM NY NC ND OH OK OR PA RI SC TN UT VA WA WV WI X DAWN SIMPSON 6158725800 53 CENTURY BLVD SUITE 250 NASHVILLE TN 372143682 BRAD CLOSE PRESIDENT 1.00 39.00 X X 0 1137387 58136 SAM CHAMBERLAIN CHAIRMAN 0.25 1.50 X 0 36000 249 STEVE SCHRAMM DIRECTOR 0.25 1.50 X 0 26039 249 MARIA DAVID DIRECTOR 0.25 1.50 X 0 24663 249 JOSE VILLA DIRECTOR 0.25 1.50 X 0 24631 249 PATTI MELLARD DIRECTOR 0.25 1.50 X 0 24000 249 JEFF READY DIRECTOR 0.25 1.50 X 0 19863 249 TOM BRYCE DIRECTOR 0.25 1.50 X 0 19200 249 NEVIN GROCE DIRECTOR 0.25 1.50 X 0 19200 249 DOUGLASS HENRY DIRECTOR 0.25 1.50 X 0 19200 249 ROB HOLT DIRECTOR 0.25 1.50 X 0 15243 249 DAVID ADDINGTON VP/SECRETARY/PARLIAMENTARIAN 5.00 35.00 X 0 662845 29757 JEFF SMITH SVP/CFO 1.00 39.00 X 0 363864 47678 CHRIS PITTS SVP/ASST SECRETARY 1.00 39.00 X 0 286388 25446 BETH MILITO EXECUTIVE DIRECTOR 40.00 0.00 X 268136 0 10360 DAWN SIMPSON VP/TREASURER 1.00 39.00 X 0 226118 37936 KAREN HARNED EXECUTIVE DIRECTOR 40.00 0.00 X 224053 0 20308 TAMMY BOEHMS FORMER SVP/CFO 0.00 0.00 X 0 154628 2423 492189 3059269 234534 2 1 1 0 0 621280 580745 1202025 54 54 MISCELLANEOUS INCOME 541100 536 536 536 1202615 0 0 590 522857 522857 71069 71069 100895 100895 37806 37806 111806 111806 15200 15200 68554 640 67914 107 107 145697 24310 11889 109498 13154 6762 6190 202 1084 1084 1088229 877336 33279 177614 0 0 469547 601160 31898 20151 9533 9955 52174 706 563152 631972 106704 71779 70910 60269 177614 132048 X 385538 499924 385538 499924 563152 631972 114386 0 X 0 1 X 1 0 X X X 1 NFIB INC 940707299 10 1 0 0 1 0 0 1 0 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 1 0 PART I, LINE 12G(VI) : NFIB SMALL BUSINESS LEGAL CENTER PROVIDES A VOICE FOR SMALL BUSINESS IN THE NATION'S COURTS AND IS A LEGAL RESOURCE FOR SMALL BUSINESS OWNERS NATIONWIDE. BY SUPPORTING SMALL BUSINESS IN THE NATION'S COURT AND LEGAL SYSTEM, NFIB SMALL BUSINESS LEGAL CENTER PROVIDES VALUABLE ASSISTANCE TO THE INDIVIDUALS FOR WHICH NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC. IS SERVING. PART IV, LINE 3B : WITH THE ASSISTANCE OF KPMG, LLP, NFIB SMALL BUSINESS LEGAL CENTER ANNUALLY COMPLETES A PRO-FORMA SCHEDULE A UTILIZING THE FINANCIAL DATA OF NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC. ("NFIB") IN ORDER TO CONFIRM THAT NFIB MEETS THE PUBLIC SUPPORT TEST UNDER IRC SEC. 509(A)(2). IN ADDITION, NFIB SMALL BUSINESS LEGAL CENTER CONFIRMS WITH NFIB THAT IT MAINTAINS A VALID 501(C)(6) DETERMINATION LETTER. PART IV, LINE 3C : DURING 2022, NFIB SMALL BUSINESS LEGAL CENTER DID NOT PROVIDE ANY MONETARY SUPPORT TO NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC. THEREFORE, NO STEPS WERE NECESSARY TO ENSURE THAT ALL SUPPORT WAS USED FOR SECTION 170(C)(2)(B) PURPOSES. RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED 0 EMPLOYEE BENEFITS ACCRUAL 35021 INTERCOMPANY PAYABLES 25248 60269 X 1202615 0 1202615 0 1202615 1411145 322916 322916 1088229 0 1088229 PART X, LINE 2: FIN 48 (ASC TOPIC 740) FOOTNOTE : THE LEGAL CENTER IS EXEMPT FROM THE PAYMENT OF INCOME TAXES ON RELATED INCOME UNDER THE PROVISIONS OF SECTION 501(A) OF THE INTERNAL REVENUE CODE AS AN ENTITY DESCRIBED UNDER SECTION 501(C)(3). THE LEGAL CENTER IS, HOWEVER, SUBJECT TO FEDERAL AND STATE INCOME TAX ON UNRELATED BUSINESS INCOME. THE LEGAL CENTER DID NOT HAVE ANY UNRELATED BUSINESS INCOME TAX LIABILITY FOR THE YEARS ENDED DECEMBER 31, 2022 AND 2021, NOR DID THE LEGAL CENTER HAVE ANY UNCERTAIN TAX POSITIONS FOR THE YEARS ENDED DECEMBER 31, 2022 AND 2021. X 1 1 1 0 0 0 0 0 0 1 0 BRAD CLOSE PRESIDENT 0 639997 0 400000 0 97390 0 13679 0 44457 0 1195523 0 0 DAVID ADDINGTON VP/SECRETARY/PARLIAMENTARIAN 0 471415 0 178180 0 13250 0 12687 0 17070 0 692602 0 0 JEFF SMITH SVP/CFO 0 291644 0 63750 0 8470 0 15721 0 31957 0 411542 0 0 CHRIS PITTS SVP/ASST SECRETARY 0 233398 0 39000 0 13990 0 9673 0 15773 0 311834 0 0 BETH MILITO EXECUTIVE DIRECTOR 234450 0 32085 0 1601 0 9337 0 1023 0 278496 0 0 0 DAWN SIMPSON VP/TREASURER 0 194113 0 29000 0 3005 0 8015 0 29921 0 264054 0 0 KAREN HARNED EXECUTIVE DIRECTOR 153815 0 43000 0 27238 0 6362 0 13946 0 244361 0 0 0 TAMMY BOEHMS FORMER SVP/CFO 0 0 0 0 0 154628 0 2423 0 0 0 157051 0 0 PART I, LINE 1A DISCRETIONARY SPENDING ACCOUNT : THE EXECUTIVE DIRECTORS RECEIVE CELLULAR PHONE/DATA SERVICE ALLOWANCE. IN COMPLIANCE WITH IRS CODE SECTION 132, THESE FRINGE BENEFITS ARE TREATED AS TAXABLE SALARY, SUBJECT TO WITHHOLDING, ON THE EMPLOYEE'S W-2. PART I, LINE 3 COMPENSATION ESTABLISHED BY RELATED ORGANIZATION NFIB SMALL BUSINESS LEGAL CENTER RELIES ON THE NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC., A RELATED ORGANIZATION, TO ESTABLISH THE EXECUTIVE DIRECTORS' COMPENSATION. NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC. USES ONE OR MORE OF THE METHODS DESCRIBED ON SCHEDULE J, LINE 3 TO ESTABLISH THE EXECUTIVE DIRECTORS' COMPENSATION. PART I, LINE 4A: SEVERANCE DISCLOSURE: PER A SEPARATION AGREEMENT, TAMMY BOEHMS RECEIVED MONTHLY SEVERANCE PAYMENTS IN THE AMOUNT OF $28,467 FOR A PERIOD OF 3 MONTHS. PART I, LINE 7: INCENTIVE COMPENSATION PLAN: THE EXECUTIVE DIRECTORS OF NFIB SMALL BUSINESS LEGAL CENTER PARTICIPATE IN AN INCENTIVE COMPENSATION PLAN WITH A PORTION OF THE INCENTIVE BASED ON MANAGEMENT'S REVIEW OF THEIR PERFORMANCE DURING THE YEAR. FORM 990, PART I, LINE 1: THE NFIB SMALL BUSINESS LEGAL CENTER'S MISSION IS TO BE THE VOICE FOR SMALL BUSINESS IN THE NATION'S COURTS AND A LEGAL RESOURCE FOR SMALL BUSINESS OWNERS NATIONWIDE. FORM 990, PART III, LINE 1: THE NFIB SMALL BUSINESS LEGAL CENTER IS A NONPROFIT PUBLIC BENEFIT CORPORATION CREATED UNDER THE TENNESSEE NONPROFIT CORPORATION ACT. IT IS ORGANIZED EXCLUSIVELY FOR CHARITABLE, EDUCATIONAL, AND SCIENTIFIC PURPOSES AS PERMITTED BY SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE"), INCLUDING, FOR SUCH PURPOSES, MAKING DISTRIBUTIONS TO ORGANIZATIONS THAT QUALIFY AS EXEMPT ORGANIZATIONS UNDER SECTION 501(C)(3) OF THE CODE. THE LEGAL CENTER IS A SUPPORTING ORGANIZATION PURSUANT TO SECTION 509(A)(3) OF THE CODE AND IS ORGANIZED AND OPERATED FOR THE BENEFIT OF NATIONAL FEDERATION OF INDEPENDENT BUSINESS ("NFIB"), WHICH IS A 501(C)(6) ORGANIZATION. THE LEGAL CENTER IS ORGANIZED TO CARRY ON CHARITABLE ACTIVITIES OF PROVIDING LEGAL EDUCATION AND REPRESENTATION ON ISSUES OF BROAD PUBLIC INTEREST. FORM 990, PART VI, SECTION B, LINE 11B FORM 990 REVIEW PROCESS FOLLOWING AN INDEPENDENT AUDIT OF ITS FINANCIAL STATEMENTS, A DRAFT OF NFIB SMALL BUSINESS LEGAL CENTER'S FORM 990 IS PREPARED. THIS FORM 990 GOES THROUGH A THREE-TIER INTERNAL MANAGEMENT REVIEW PROCESS. ANY QUESTIONS ARISING FROM THE INITIAL REVIEW ARE ADDRESSED TO ENSURE THE RETURN IS COMPLETE AND ACCURATE. ANY NECESSARY CHANGES/CORRECTIONS ARE MADE ON THE FORM 990 AND THE RETURN AGAIN GOES THROUGH NFIB SMALL BUSINESS LEGAL CENTER'S INTERNAL REVIEW PROCESS. UPON APPROVAL OF THE CFO, THE RETURN IS REVIEWED BY THE CHAIR OF THE FINANCE/AUDIT COMMITTEE OF THE BOARD OF DIRECTORS. THE FINAL RETURN IS THEN FILED WITH THE INTERNAL REVENUE SERVICE. FORM 990, PART VI, SECTION B, LINE 12C COMPLIANCE WITH CONFLICT OF INTEREST POLICY EVERY BOARD MEMBER, OFFICER, AND EMPLOYEE OF NFIB SMALL BUSINESS LEGAL CENTER IS REQUIRED TO SUBMIT AN ANNUAL CODE OF CONDUCT & ETHICS CERTIFICATION TO THE CFO. ALL POTENTIAL CONFLICTS OF INTEREST, ETHICAL CONCERNS, AND LEGAL CONCERNS ARE ADDRESSED BY THE CFO WITH A REPORT GOING TO THE FINANCE/AUDIT COMMITTEE OF THE BOARD OF DIRECTORS. ANY TRANSACTIONS DISCLOSED ARE REVIEWED BY THE CFO TO DETERMINE THE TYPE OF RELATIONSHIP, DOLLAR VALUE INVOLVED, AND TO BE CERTAIN THAT ALL TRANSACTIONS ARE AT ARMS LENGTH. NO BOARD MEMBER SHALL VOTE ON ANY MATTER IN WHICH THERE IS A CONFLICT OF INTEREST. FORM 990, PART VI, SECTION B, LINE 15 PROCESS OF DETERMINING COMPENSATION FOR OFFICERS THE EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS OF NFIB IS RESPONSIBLE FOR REVIEWING AND RECOMMENDING THE COMPENSATION FOR THE PRESIDENT, VP/SECRETARY/PARLIAMENTARIAN, ASSISTANT SECRETARY, CFO AND TREASURER. THEIR COMPENSATION IS DETERMINED ANNUALLY BY THE NFIB BOARD OF DIRECTORS. DELIBERATIONS OF COMPENSATION DETERMINATIONS ARE RECORDED CONTEMPORANEOUSLY IN THE MINUTES OF THE MEETING. THE EXECUTIVE DIRECTORS' COMPENSATION IS REVIEWED AND DETERMIND BY NFIB'S PRESIDENT AND IS BASED ON MARKET NORMS. THE ORGANIZATION'S PHILOSOPHY IS FOR EXECUTIVE COMPENSATION TO BE COMPETITIVE WITH THE MARKET IN ORDER TO ATTRACT, RETAIN, AND MOTIVATE QUALIFIED EMPLOYEES. ADDITIONALLY, INCENTIVE PAY IS LINKED TO THE ACHIEVEMENT OF ORGANIZATIONAL GOALS AND IS COMPETITIVE AND CONSISTENT WITH MARKET NORMS. IN 2022, THE COMMITTEE ENGAGED THE SERVICES OF OUTSIDE CONSULTING FIRMS TO PROVIDE EXPERT INFORMATION REGARDING INDUSTRY-WIDE COMPENSATION NORMS. FORM 990, PART VI, SECTION C, LINE 19 DOCUMENTS AVAILABLE TO THE PUBLIC IT IS NFIB SMALL BUSINESS LEGAL CENTER'S POLICY TO MAKE AVAILABLE FOR PUBLIC INSPECTION, UPON REQUEST, EITHER WRITTEN OR IN PERSON, ITS GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY, AND FINANCIAL STATEMENTS. SUMMARY OF LEGAL CASES FOR 2022 NFIB SMALL BUSINESS LEGAL CENTER (SBLC) *DESIGNATES CASES WHERE NFIB IS A PLAINTIFF/PETITIONER THRYV, INC. V. NATIONAL LABOR RELATIONS BOARD (1/10/2022) NLRB NFIB SBLC JOINED A COALITION AMICUS BRIEF URGING THE BOARD NOT TO ADOPT CONSEQUENTIAL DAMAGES AS PART OF ITS TRADITIONAL MAKE-WHOLE REMEDY, BUT INSTEAD CONTINUE ITS PRACTICE OF REINSTATEMENT PLUS REPAYMENT FOR LOST EARNINGS AND BENEFITS. AMERICAN STEEL V. NATIONAL LABOR RELATIONS BOARD (1/21/2022) NLRB NFIB SBLC JOINED A COALITION AMICUS BRIEF URGING THE BOARD NOT TO RETURN TO A PREVIOUS STANDARD FOR DETERMINING WHETHER A BARGAINED-FOR UNIT IS APPROPRIATE. VIKING RIVER CRUISES, INC. V. MORIANA (2/7/2022) U.S. SUPREME COURT NFIB SBLC JOINED AN AMICUS BRIEF ARGUING THAT THE FEDERAL ARBITRATION ACT PREEMPTS CALIFORNIA'S ISKANIAN RULE, WHICH PROHIBITS THE WAIVER OF REPRESENTATIVE PAGA CLAIMS THROUGH ARBITRATION AGREEMENTS. THE BRIEF ALSO REVIEWED THE DETRIMENT TO BUSINESSES FROM THE ISKANIAN RULE. THE ATLANTA OPERA V. NATIONAL LABOR RELATIONS BOARD (2/10/2022) NLRB NFIB SBLC JOINED A COALITION AMICUS BRIEF URGING THE BOARD TO RETAIN THE TRADITIONAL COMMON LAW AGENCY TEST FOR DETERMINING WHEN AN INDIVIDUAL IS AN EMPLOYEE OR INDEPENDENT CONTRACTOR UNDER THE NATIONAL LABOR RELATIONS ACT. BECKER V. DANE COUNTY (2/15/2022) WISCONSIN SUPREME COURT NFIB SBLC JOINED AN AMICUS BRIEF URGING THAT WISCONSIN REVISIT ITS NONDELEGATION DOCTRINE PRECEDENT AND REVITALIZE A STRONG NONDELEGATION DOCTRINE. ERIC V. CITY OF SEATTLE (2/18/2022) U.S. SUPREME COURT CERTIORARI NFIB SBLC JOINED A BUSINESS COALITION AMICUS BRIEF URGING THE SUPREME COURT TO GRANT CERT. THE BRIEF ARGUED THAT ERISA PREEMPTED SEATTLE'S CITY-SPECIFIC HEALTHCARE EXPENDITURE ORDINANCE. LION RAISINS INC. V. ROSS (2/25/2022) U.S. SUPREME COURT CERTIORARI NFIB SBLC JOINED AN AMICUS BRIEF ARGUING THAT BLOC-VOTING SYSTEM UNDER THE CALIFORNIA MARKETING ACT IS ANTICOMPETITIVE AND VIOLATES PRINCIPLES OF REPRESENTATIVE GOVERNMENT. KENTUCKY V. YELLEN (3/11/2022) U.S. COURT OF APPEALS FOR THE 6TH CIRCUIT NFIB SBLC JOINED AN AMICUS BRIEF ARGUING THAT A PROVISION OF THE AMERICAN RESCUE PLAN ACT OF 2021, WHICH WOULD PROHIBIT STATES FROM USING ARPA FUNDS FOR DIRECT OR INDIRECT TAX RELIEF FOR SMALL BUSINESSES, IS UNCONSTITUTIONAL AS AN INTRUSION ON SOVEREIGN STATE TAXING POWER, IS IMPERMISSIBLY COERCIVE, AND WILL HAVE DIRE CONSEQUENCES IF LEFT STANDING. WEST VIRGINIA V. TREASURY (4/1/2022) U.S. COURT OF APPEALS FOR THE 11TH CIRCUIT NFIB SBLC JOINED AN AMICUS BRIEF ARGUING THAT THE DISTRICT COURT PROPERLY ENJOINED A PROVISION OF THE AMERICAN RESCUE PLAN ACT OF 2021, WHICH WOULD PROHIBIT STATES FROM USING ARPA FUNDS FOR DIRECT OR INDIRECT TAX RELIEF FOR SMALL BUSINESSES. THE BRIEF ARGUED THIS PROVISION IS UNCONSTITUTIONAL AS AN INTRUSION ON SOVEREIGN STATE TAXING POWER, IS IMPERMISSIBLY COERCIVE, AND WILL HAVE DIRE CONSEQUENCES IF LEFT STANDING. SACKETT V. UNITED STATES (4/18/2022) U.S. SUPREME COURT NFIB SBLC JOINED AN AMICUS BRIEF ARGUING THAT THE SUPREME COURT SHOULD PROVIDE LONG-NEEDED CERTAINTY TO PROPERTY OWNERS REGARDING THE CLEAN WATER ACT BY ADOPTING THE RAPANOS PLURALITY TEST TO DETERMINE WHEN WETLANDS ARE WATERS OF THE UNITED STATES. AMERICAN SOCIETY OF JOURNALISTS V. BONTA (4/22/2022) U.S. SUPREME COURT CERTIORARI NFIB SBLC JOINED A COALITION BRIEF URGING THE SUPREME COURT TO GRANT REVIEW OF CALIFORNIA'S ASSEMBLY BILL 5. THE BRIEF ARGUED THAT AB5'S RECATEGORIZING OF INDEPENDENT CONTRACTORS AS EMPLOYEES BURDENS FREE SPEECH, HARMS CONTRACTORS, AND HARMS SMALL BUSINESSES. MABE V. WAL-MART ASSOCIATES (4/28/2022) U.S. DISTRICT COURT NORTHERN DISTRICT OF NEW YORK NFIB SBLC JOINED AN AMICUS BRIEF IN FEDERAL COURT ARGUING THAT NEW YORK LABOR LAW DOES NOT CONFER A PRIVATE RIGHT OF ACTION FOR VIOLATIONS OF REQUIREMENT TO PAY "MANUAL WORKERS" ON A WEEKLY BASIS AND THAT THE STATUTE DOES NOT PERMIT LIQUIDATED DAMAGES. GRANT V. GLOBAL AIR DISPATCH, INC. (4/29/2022) NEW YORK SUPREME COURT APPELLATE DIVISION SECOND DEPARTMENT NFIB SBLC JOINED AN AMICUS BRIEF IN STATE COURT ARGUING THAT NEW YORK LABOR LAW DOES NOT CONFER A PRIVATE RIGHT OF ACTION FOR VIOLATIONS OF REQUIREMENT TO PAY "MANUAL WORKERS" ON A WEEKLY BASIS AND THAT THE STATUTE DOES NOT PERMIT LIQUIDATED DAMAGES. CLARK V. A&L HOME CARE AND TRAINING CENTER, LLC (5/12/2022) U.S. COURT OF APPEALS FOR THE 6TH CIRCUIT NFIB SBLC JOINED AN AMICUS BRIEF ARGUING THAT THE FAIR LABOR STANDARDS ACT REQUIRES DISTRICT COURTS TO DETERMINE WHETHER PLAINTIFFS ARE "SIMILARLY SITUATED" AT THE OUTSET OF A COLLECTIVE ACTION CLAIM. THE BRIEF CLAIMS THE LUSARDI STANDARD ALLOWING CONDITIONAL CERTIFICATION IS ERRONEOUS AND THE 6TH CIRCUIT SHOULD ADOPT A STRICTER STANDARD. RESTAURANT LAW CENTER V. DEPARTMENT OF LABOR (5/16/2022) U.S. COURT OF APPEALS FOR THE 5TH CIRCUIT NFIB SBLC JOINED AN AMICUS BRIEF ARGUING THAT DOL'S 80/20 TIP CREDIT RULE IS NOT REQUIRED BY THE FAIR LABOR STANDARDS ACT, THAT IT IMPOSES ONEROUS COMPLIANCE AND REGULATORY BURDENS ON SMALL BUSINESSES AND IS IMPRACTICAL FOR MODERN BUSINESS. BOWFIN KEYCON HOLDINGS, LLC V. PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION (6/6/2022) PENNSYLVANIA COMMONWEALTH COURT NFIB SBLC JOINED A COALITION AMICUS BRIEF ARGUING THAT PENNSYLVANIA REGULATION 7-559, WHICH ALLOWS THE STATE TO JOIN A MULTI-STATE CLIMATE CHANGE COMPACT, USURPS THE LEGISLATIVE POWER TO TAX GRANTED BY THE PENNSYLVANIA CONSTITUTION AND THAT THE REGULATION WILL INCREASE ELECTRICITY AND ENERGY COSTS ON SMALL BUSINESSES AND CONSUMERS. GLACIER NW V. INT'L BROTHERHOOD OF TEAMSTERS LOCAL 174 (6/15/2022) U.S. SUPREME COURT CERTIORARI NFIB SBLC JOINED A COALITION AMICUS BRIEF URGING THE SUPREME COURT TO GRANT REVIEW OF THE WASHINGTON SUPREME COURT'S DECISION. THE BRIEF ARGUED THAT THE WASHINGTON SUPREME COURT'S DECISION REWROTE SCOTUS PRECEDENT AND CONTRAVENES THE NATIONAL LABOR RELATIONS ACT. NATIONAL PORK PRODUCERS V. ROSS (6/17/2022) U.S. SUPREME COURT NFIB SBLC JOINED A COALITION AMICUS BRIEF ARGUING THAT CALIFORNIA'S PROP 12, WHICH IMPOSES STRICT AND BURDENSOME REQUIREMENTS ON MEMBERS OF THE PORK SUPPLY CHAIN NATIONWIDE, VIOLATES THE DORMANT COMMERCE CLAUSE. RESTAURANT LAW CENTER V. CITY OF NEW YORK (6/29/2022) U.S. COURT OF APPEALS FOR THE 2ND CIRCUIT NFIB SBLC JOINED A BUSINESS COALITION AMICUS BRIEF ARGUING THAT THE CITY'S RECENTLY ENACTED "JUST CAUSE" LAW LIMITING WHEN AN EMPLOYER CAN DISCIPLINE AN EMPLOYEE OR REDUCE THEIR HOURS IS PREEMPTED BY THE NATIONAL LABOR RELATIONS ACT, VIOLATES THE COMMERCE CLAUSE, AND IMPOSES SIGNIFICANT COSTS ON BUSINESSES. HANGEY V. HUSQVARNA PROFESSIONAL PRODUCTS, INC. (7/21/2022) PENNSYLVANIA SUPREME COURT NFIB SBLC JOINED A COALITION AMICUS BRIEF ARGUING THAT THE PENNSYLVANIA RULES OF CIVIL PROCEDURE SHOULD NOT BE INTERPRETED TO REQUIRE A BUSINESS TO DEFEND ITSELF IN A JURISDICTION WHERE ITS SALES ARE A DE MINIMIS OR NEGLIGIBLE PERCENTAGE OF ITS OVERALL OPERATION. SCHAAD V. ALDER (8/10/2022) OHIO SUPREME COURT NFIB SBLC JOINED A COALITION BRIEF ADVOCATING FOR FAIR MUNICIPAL TAXING SCHEMES. THE BRIEF ARGUED THAT AN OHIO COVID-19 TAX LAW TO RELIEVE BUSINESSES OF SEPARATE MUNICIPAL TAX BURDENS WHEN EMPLOYEES WORK FROM HOME, DID NOT SPEAK TO WHERE AN EMPLOYEE'S INCOME IS TAXABLE. WILKINS V. UNITED STATES (8/11/2022) U.S. SUPREME COURT NFIB SBLC FILED A COALITION AMICUS BRIEF ARGUING THAT THE QUIET TITLE ACT'S STATUTE OF LIMITATIONS IS NOT A JURISDICTIONAL BAR, BUT INSTEAD A CLAIM-PROCESSING RULE. THE BRIEF ALSO URGED THE COURT TO PROTECT THE PROPERTY RIGHTS OF PRIVATE PARTIES. BETTS V. NORTH CAROLINA DEPARTMENT OF HEALTH (8/19/2022) NORTH CAROLINA COURT OF APPEALS NFIB SBLC JOINED AN AMICUS BRIEF ARGUING THAT A NORTH CAROLINA STATUTE REQUIRING "TOTAL LOSS OF WAGE-EARNING CAPACITY" TO RECEIVE DISABILITY BEYOND A STATUTORILY IMPOSED CAP MEANT A COMPLETE DESTRUCTION OF THE ABILITY TO EARN WAGES. BITTNER V. UNITED STATES (8/23/2022) U.S. SUPREME COURT NFIB SBLC JOINED A BUSINESS COALITION AMICUS BRIEF ARGUING FOR THE APPLICATION OF A RULE OF LENITY IN CIVIL PENALTY PROSECUTIONS, AND AGAINST UNLIMITED AGENCY DISCRETION TO MULTIPLY THE NUMBER OF BANK SECRECY ACT VIOLATIONS. *OREGON FARM BUREAU, ET AL. V. OREGON ENVIRONMENTAL QUALITY COMMISSION (9/21/2022) OREGON COURT OF APPEALS NFIB SBLC INTERVENED IN A BUSINESS COALITION SUIT AGAINST THE OREGON ENVIRONMENTAL QUALITY COMMISSION (EQC) ARGUING THAT ITS RECENT CLIMATE PROTECTION PROGRAM RULES WERE PROCEDURALLY DEFICIENT AND EXCEEDED THE EQC'S STATUTORY AUTHORITY. STURDIVANT V. NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY (9/22/2022) NORTH CAROLINA COURT OF APPEALS NFIB SBLC JOINED AN AMICUS BRIEF ARGUING THAT THE NC WORKERS' COMPENSATION COMMISSION CORRECTLY DEFINED "TOTAL LOSS OF WAGE-EARNING CAPACITY" TO MEAN THE COMPLETE LOSS OF THE ABILITY TO EARN WAGES IN ANY EMPLOYMENT AND THAT THE PLAINTIFF IN THIS CASE DID NOT SATISFY THAT STANDARD. KUCIEMBA V. VICTORY WOODWORKS (10/12/2022) CALIFORNIA SUPREME COURT NFIB SBLC JOINED A COALITION AMICUS BRIEF ARGUING THAT CALIFORNIA COURTS SHOULD NOT IMPOSE TORT LIABILITY ON SMALL BUSINESSES FOR THIRD PARTY CLAIMS POTENTIALLY ARISING FROM THE WORKPLACE. THE BRIEF ARGUES THAT THE PROPER REMEDY FOR THESE "TAKE-HOME" COVID-19 DERIVATIVE INJURY CLAIMS IS WORKERS' COMPENSATION. HALSTEAD BEAD V. RICHARDS (10/18/2022) U.S. COURT OF APPEALS FOR THE 5TH CIRCUIT NFIB SBLC FILED A COALITION AMICUS BRIEF SUPPORTING AN ARIZONA SMALL BUSINESS IN ITS CHALLENGE TO LOUISIANA'S REMOTE SELLER SALES TAX REGIME. THE AMICUS ARGUED THAT THE DISTRICT COURT'S INTERPRETATION OF THE TAX INJUNCTION ACT LEAVES NO NEUTRAL FORUM FOR REMOTE SELLERS TO CHALLENGE STATE SALES TAX REGIMES AND THAT LOUISIANA'S COMPLEX SALES TAX REGIME HURTS ALL SMALL BUSINESSES. OHIO V. ENVIRONMENTAL PROTECTION AGENCY (10/31/2022) U.S. COURT OF APPEALS FOR THE D.C. CIRCUIT NFIB SBLC JOINED A TRADE ORGANIZATION COALITION AMICUS BRIEF LAYING OUT THE FRAMEWORK OF THE "MAJOR-QUESTIONS DOCTRINE AND ARGUING THAT THIS WAS A "MAJOR-QUESTIONS" CASE. TEXAS V. YELLEN (10/31/2022) U.S. COURT OF APPEALS FOR THE 5TH CIRCUIT NFIB SBLC JOINED AN AMICUS BRIEF ARGUING THAT THE DISTRICT COURT PROPERLY ENJOINED A PROVISION OF THE AMERICAN RESCUE PLAN ACT OF 2021, WHICH WOULD PROHIBIT STATES FROM USING ARPA FUNDS FOR DIRECT OR INDIRECT TAX RELIEF FOR SMALL BUSINESSES. THE BRIEF ARGUED THIS PROVISION IS UNCONSTITUTIONAL AS AN INTRUSION ON SOVEREIGN STATE TAXING POWER, IS IMPERMISSIBLY COERCIVE, AND WILL HAVE DIRE CONSEQUENCES IF LEFT STANDING. *U.S. CHAMBER OF COMMERCE, ET AL. V. BARTOLOMEO (11/1/2022) U.S. DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT NFIB SBLC JOINED A BUSINESS COALITION SUING CONNECTICUT OVER ITS CAPTIVE AUDIENCE LAW. THE LAWSUIT ALLEGES THAT THIS RECENT LAW IS AN UNCONSTITUTIONAL RESTRICTION OF SPEECH UNDER THE FIRST AMENDMENT AND IS PREEMPTED BY THE NATIONAL LABOR RELATIONS ACT. GLACIER NW V. INT'L BROTHERHOOD OF TEAMSTERS LOCAL 174 (11/8/2022) U.S. SUPREME COURT NFIB SBLC JOINED A COALITION AMICUS BRIEF URGING THE SUPREME COURT TO REVERSE THE WASHINGTON SUPREME COURT DECISION. THE BRIEF ARGUED THAT THE NATIONAL LABOR RELATIONS ACT DOES NOT IMMUNIZE DESTRUCTION OF AN EMPLOYER'S PROPERTY AND ANY FINDING TO THE CONTRARY WOULD INCENTIVIZE UNLAWFUL BEHAVIOR. TEXAS V. ENVIRONMENTAL PROTECTION AGENCY (11/10/2022) U.S. COURT OF APPEALS FOR THE D.C. CIRCUIT NFIB SBLC JOINED AN AMICUS BRIEF ARGUING THAT THE EPA'S TAILPIPE RULE VIOLATES THE "MAJOR-QUESTIONS DOCTRINE AND WILL HARM SMALL BUSINESSES AND CONSUMERS BY INCREASING ENERGY COSTS. ALLSTATES V. WALSH (11/15/2022) U.S. COURT OF APPEALS FOR THE 6TH CIRCUIT NFIB SBLC FILED AN AMICUS BRIEF DISCUSSING THE CONSTITUTIONAL TEXT, HISTORY, AND IMPORTANCE OF A STRONG NONDELEGATION DOCTRINE AND ARGUING THAT OSHA WORKPLACE SAFETY RULES VIOLATE THE DOCTRINE AS AN UNCONSTITUTIONAL DELEGATION OF LEGISLATIVE POWERS. REYES V. WAPLES MOBILE HOME PARK LP (11/17/2022) U.S. COURT OF APPEALS FOR THE 4TH CIRCUIT NFIB SBLC FILED AN AMICUS BRIEF ADVOCATING AGAINST A SUBJECTIVE NECESSITY STANDARD FOR DISCHARGING AN EMPLOYER'S BURDEN UNDER THE FAIR HOUSING ACT. SBLC ARGUED THIS STANDARD WOULD CONTRAVENE SAFEGUARDS AGAINST CRIMINAL LIABILITY, AND HARM SMALL BUSINESSES THAT PROVIDE HOUSING AND HOSPITALITY SERVICES, AS WELL AS THE CONSUMERS WHO RELY ON THEM. ZIADEH V. PENNSYLVANIA LEGISLATIVE REFERENCE BUREAU (11/28/2022) SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT NFIB SBLC JOINED A COALITION AMICUS BRIEF ARGUING THAT THE COMMONWEALTH COURT CORRECTLY ISSUED A PRELIMINARY INJUNCTION AGAINST PENNSYLVANIA'S 7-559 REGULATION BECAUSE IT PRESENTED A SUBSTANTIAL QUESTION OF LAW. SBLC FURTHER ARGUED THAT THE REQUIREMENT TO PURCHASE ALLOWANCES IS AN UNCONSTITUTIONAL TAX. GEORGIA CVS PHARMACY V. CARMICHAEL (12/1/2022) GEORGIA SUPREME COURT NFIB SBLC JOINED AN AMICUS BRIEF URGING THE GEORGIA SUPREME COURT TO REVERSE A COURT OF APPEALS DECISION THAT EFFECTIVELY CREATED A STRICT LIABILITY STANDARD FOR BUSINESSES WITH CRIMES COMMITTED BY THIRD PARTIES ON THEIR PROPERTY. NATIONAL RESOURCES DEFENSE COUNCIL V. NATIONAL HIGHWAY TRANSPORTATION AND SAFETY ADMINISTRATION (12/1/2022) U.S. COURT OF APPEALS FOR THE D.C. CIRCUIT NFIB SBLC JOINED A TRADE ORGANIZATION COALITION AMICUS BRIEF ARGUING THAT THE ENERGY POLICY AND CONSERVATION ACT FORECLOSED CONSIDERATION OF ELECTRIC VEHICLES WHEN SETTING FUEL-ECONOMY STANDARDS, AND THUS NHTSA WAS WRONG TO DO SO. THE BRIEF ALSO ASSERTED THAT CONGRESS DID NOT GIVE NHTSA AUTHORIZATION TO DECIDE A QUESTION OF SUCH MAGNITUDE. ACHESON HOTELS LLC V. LAUFER (12/8/2022) U.S. SUPREME COURT CERTIORARI NFIB SBLC JOINED A BUSINESS COALITION AMICUS BRIEF ARGUING THAT REMOTE ADA "TESTERS", WHO HAVE NO INTENTION TO ACTUALLY VISIT OR INTERACT WITH A BUSINESS BEYOND VISITING THE BUSINESS WEBSITE, DO NOT HAVE A SUFFICIENT INJURY FOR ARTICLE III STANDING. ADOLPH V. UBER TECHNOLOGIES (12/8/2022) CALIFORNIA SUPREME COURT NFIB SBLC FILED AN AMICUS BRIEF ARGUING THAT THE CALIFORNIA SUPREME COURT MUST CLARIFY ITS ISKANIAN RULE FOR PRIVATE ATTORNEY GENERALS ACT (PAGA) CLAIMS POST THE SUPREME COURT'S DECISION IN VIKING RIVER CRUISES AND SHOULD DO SO BY ADOPTING A BUSINESS-FRIENDLY AND BROAD APPROACH TO ARBITRATION. LOPER BRIGHT ENTERPRISES, INC. V. RAIMONDO (12/15/2022) U.S. SUPREME COURT CERTIORARI NFIB SBLC JOINED AN AMICUS BRIEF RECOMMENDING THAT THE SUPREME COURT GRANT REVIEW OF THE D.C. CIRCUIT'S DECISION. THE BRIEF ARGUED THAT STATUTORY SILENCE DOES NOT PRODUCE AN AMBIGUITY SUFFICIENT FOR CHEVRON DEFERENCE, AND THAT THE NATIONAL MARINE FISHERIES SERVICE RULE AT ISSUE CRUSHES SMALL BUSINESSES. NATIONAL FEDERATION OF INDEPENDENT BUS 53 CENTURY BLVD SUITE 250 NASHVILLE TN 37214 940707299 MEMBER REPRESENTATION CA 501(C)(6) N/A 1 NFIB FEDERAL POLITICAL ACTION COMMITTEE 53 CENTURY BLVD SUITE 250 NASHVILLE TN 37214 942532364 PAC CA 527 NFIB 1 NFIB THE VOICE OF FREE ENTERPRISE INC 53 CENTURY BLVD SUITE 250 NASHVILLE TN 37214 273615830 SOCIAL WELFARE TN 501(C)(4) NFIB 1 NFIB MEMBER SERVICES CORPORATION 53 CENTURY BLVD SUITE 250 NASHVILLE TN 372143682 942899404 MEMBER BENEFITS CA NFIB C 1 0 0 1 0 0 0 0 0 0 0 0 1 1 1 0 1 1 1 0 NFIB THE VOICE OF FREE ENTERPRISE INC C 621280 FMV NATIONAL FEDERATION OF INDEPENDENT BUSINESS INC M 226733 FMV NATIONAL FEDERATION OF INDEPENDENT BUSINESS INC N 96183 FMV NATIONAL FEDERATION OF INDEPENDENT BUSINESS INC P 265887 FMV