2024-06-18T11:16:59-05:00 2023-12-31 135565207 KPMG LLP 1201 DEMONBREUN STREET SUITE 1100 NASHVILLE TN 37203 990 2023-01-01 621570449 NFIB SMALL BUSINESS LEGAL CENTER NFIB 6158725800 53 CENTURY BOULEVARD 250 NASHVILLE TN 372143682 DAWN SIMPSON TREASURER 6158725800 2024-06-18 1 DAWN SIMPSON 999009999 0 BAXTER WILDER P01212441 6152441602 2 AAL1 IAL1 2023 2023-04-26 12:10:37Z BRAD CLOSE 555 12TH STREET NW STE WASHINGTON DC 20004 1285447 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) 10 9 4 0 0 0 1202025 1285170 0 0 54 15 536 262 1202615 1285447 0 1000 0 0 732627 738617 0 0 152340 355602 335960 1088229 1075577 114386 209870 631972 888474 132048 178680 499924 709794 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 885719 1000 SEE SCHEDULE O FOR SUMMARY OF 2023 CASES 885719 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 11 0 1 4 1 0 0 0 0 0 0 0 0 0 0 0 0 X 10 9 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 1064052 62018 SAM CHAMBERLAIN CHAIRMAN 0.25 1.50 X 0 36000 249 STEVE SCHRAMM DIRECTOR 0.25 1.50 X 0 25171 249 JEFF READY DIRECTOR 0.25 1.50 X 0 24427 249 JOSE VILLA DIRECTOR 0.25 1.50 X 0 24203 249 MARIA DAVID DIRECTOR 0.25 1.50 X 0 24081 249 PATTI MELLARD DIRECTOR 0.25 1.50 X 0 19200 249 NEVIN GROCE DIRECTOR 0.25 1.50 X 0 19200 249 ROB HOLT DIRECTOR 0.25 1.50 X 0 19200 249 DOUGLASS HENRY DIRECTOR 0.25 1.50 X 0 16200 249 TOM BRYCE DIRECTOR 0.25 1.50 X 0 2200 42 DAVID ADDINGTON VP/SECRETARY/PARLIAMENTARIAN 5.00 35.00 X 0 669371 30937 JEFF SMITH CFO 1.00 39.00 X 0 426449 51630 CHRIS PITTS ASST SECRETARY 1.00 39.00 X 0 337699 27928 BETH MILITO EXECUTIVE DIRECTOR 40.00 0.00 X 310178 0 11785 DAWN SIMPSON TREASURER 1.00 39.00 X 0 250512 35687 310178 2957965 222268 2 0 1 0 0 738210 546960 1285170 15 15 MISCELLANEOUS INCOME 541100 262 262 262 1285447 0 0 277 1000 1000 321963 321963 273260 273260 107093 107093 36301 36301 106957 106957 15825 15825 67311 751 66560 395 43 352 125520 28350 11742 85428 16997 7121 9876 2955 2880 75 1075577 885719 37518 152340 0 0 601160 817319 20151 31095 9955 11404 706 28656 631972 888474 71779 109548 60269 69132 132048 178680 X 499924 709794 499924 709794 631972 888474 209870 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 2023, 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 43174 INTERCOMPANY PAYABLES 25958 69132 X 1285447 0 1285447 0 1285447 1424758 349181 349181 1075577 0 1075577 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, 2023 AND 2022, NOR DID THE LEGAL CENTER HAVE ANY UNCERTAIN TAX POSITIONS FOR THE YEARS ENDED DECEMBER 31, 2023 AND 2022. X 1 1 0 0 0 0 0 0 0 1 0 BRAD CLOSE PRESIDENT 0 672028 0 276250 0 115774 0 14508 0 47510 0 1126070 0 0 DAVID ADDINGTON VP/SECRETARY/PARLIAMENTARIAN 0 495080 0 160480 0 13811 0 14889 0 16048 0 700308 0 0 JEFF SMITH CFO 0 316396 0 102000 0 8053 0 16721 0 34909 0 478079 0 0 CHRIS PITTS ASST SECRETARY 0 262023 0 64246 0 11430 0 11436 0 16492 0 365627 0 0 BETH MILITO EXECUTIVE DIRECTOR 270050 0 38550 0 1578 0 10810 0 975 0 321963 0 0 0 DAWN SIMPSON TREASURER 0 209455 0 38000 0 3057 0 8750 0 26937 0 286199 0 0 PART I, LINE 1A DISCRETIONARY SPENDING ACCOUNT : THE EXECUTIVE DIRECTOR RECEIVES 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 DIRECTOR'S COMPENSATION. NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC. USES ONE OR MORE OF THE METHODS DESCRIBED ON SCHEDULE J, LINE 3 TO ESTABLISH THE EXECUTIVE DIRECTOR'S COMPENSATION. PART I, LINE 7: INCENTIVE COMPENSATION PLAN: THE EXECUTIVE DIRECTOR OF NFIB SMALL BUSINESS LEGAL CENTER PARTICIPATES IN AN INCENTIVE COMPENSATION PLAN WITH A PORTION OF THE INCENTIVE BASED ON MANAGEMENT'S REVIEW OF 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 DIRECTOR'S COMPENSATION IS REVIEWED AND DETERMINED 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 2023 NFIB SMALL BUSINESS LEGAL CENTER (SBLC) *DESIGNATES CASES WHERE NATIONAL FEDERATION OF INDEPENDENT BUSINESS (NFIB) IS A PLAINTIFF/PETITIONER COINBASE, INC. V. BIELSKI (1/27/23) U.S. SUPREME COURT NFIB SBLC JOINED A COALITION AMICUS BRIEF ARGUING AGAINST A NINTH CIRCUIT RULING WHICH FORCES PARTIES TO SIMULTANEOUSLY LITIGATE ARBITRABLE DISPUTES AT THE TRIAL COURT DURING AN ARBITRABILITY APPEAL AT THE COURT OF APPEALS. THE BRIEF ARGUES THAT THE RIGHT TO ARBITRATE IS FUNDAMENTALLY A "RIGHT NOT TO LITIGATE THE DISPUTE IN A COURT AND INSTEAD TO HAVE THE DISPUTE RESOLVED THROUGH ARBITRATION. *U.S. CHAMBER OF COMMERCE, ET AL. V. BARTOLOMEO (2/3/23) U.S. DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT NFIB, REPRESENTED BY NFIB SBLC, JOINED A BUSINESS COALITION IN FILING AN OPPOSITION TO THE STATE'S MOTION TO DISMISS IN A CASE CHALLENGING CONNECTICUT'S 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. TESLA V. NLRB (2/9/23) U.S. COURT OF APPEALS FOR THE 5TH CIRCUIT NFIB SBLC JOINED A COALITION AMICUS BRIEF ARGUING THAT EMPLOYERS CAN REQUIRE CERTAIN TYPES OF UNIFORMS WITH BUSINESS LOGOS DURING WORK HOURS. BURFORD V. ALCOA (2/14/23) TEXAS COURT OF APPEALS NFIB SBLC FILED AN AMICUS BRIEF IN A CASE CONCERNING WHETHER TEXAS COURTS SHOULD PERMIT ASBESTOS LAWSUITS AGAINST EMPLOYERS FOR ANY EXPOSURE TO ASBESTOS, REGARDLESS OF HOW REMOTE THE EXPOSURE IS. THE BRIEF ARGUED THAT ALLOWING LAWSUITS BASED ON ANY EXPOSURE TO ASBESTOS WOULD OPEN THE FLOODGATES TO ASBESTOS LITIGATION. DAKOTA FINANCE LLC V. NATURALAND TRUST (3/3/23) U.S. SUPREME COURT CERTIORARI NFIB SBLC JOINED A COALITION AMICUS BRIEF ARGUING THAT CITIZENS SHOULD NOT BE ABLE TO BRING SUIT UNDER THE CLEAN WATER ACT ONCE A STATE HAS COMMENCED LITIGATION TO AVOID DUAL ENFORCEMENT. TYLER V. HENNEPIN COUNTY (3/6/23) U.S. SUPREME COURT NFIB SBLC JOINED A COALITION AMICUS BRIEF ARGUING THAT THE TAKINGS CLAUSE PREVENTS THE GOVERNMENT, AFTER SEIZING AND SELLING A PERSON'S PROPERTY TO COLLECT BACK TAXES, FROM KEEPING THE SURPLUS AMOUNT COLLECTED FROM THE SALE (OTHERWISE KNOWN AS "HOME-EQUITY THEFT"). *OR FARM BUREAU V. OR ENVIRONMENTAL QUALITY COMM'N (3/10/23) OREGON COURT OF APPEALS NFIB, REPRESENTED BY NFIB SBLC, IS INVOLVED IN A LAWSUIT THAT CHALLENGES OREGON'S CLIMATE CHANGE RULES. MINNESOTA AUTO DEALERS ASSOCIATION V. MINNESOTA POLLUTION CONTROL AGENCY (3/13/23) MINNESOTA SUPREME COURT NFIB SBLC FILED A REQUEST FOR LEAVE TO PARTICIPATE AS AMICUS IN A CASE CHALLENGING MINNESOTA'S IMPLEMENTATION OF CALIFORNIA CAR EMISSION STANDARDS. COLLEGE OF OZARKS V. BIDEN (3/30/23) U.S. SUPREME COURT CERTIORARI NFIB SBLC JOINED A COALITION AMICUS BRIEF ARGUING THAT THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT VIOLATED THE ADMINISTRATIVE PROCEDURE ACT (APA) WHEN IT ISSUED A DIRECTIVE CHANGING HOW IT ENFORCED A FEDERAL STATUTE INSTEAD OF PROMULGATING A RULE VIA THE NOTICE AND COMMENT PROCESS AS REQUIRED BY THE APA. MOBILIZE THE MESSAGE V. BONTA (4/10/23) U.S. SUPREME COURT CERTIORARI NFIB SBLC FILED AN AMICUS BRIEF ARGUING THAT A CALIFORNIA LAW THAT CLASSIFIES PEOPLE AS INDEPENDENT CONTRACTORS OR EMPLOYEES VIOLATES THE FREEDOM OF SPEECH BY CLASSIFYING CANVASSERS PROMOTING CONSUMER PRODUCTS IN WRITING AS INDEPENDENT CONTRACTORS BUT CANVASSERS PROMOTING POLITICAL CANDIDATES/ISSUES IN WRITING AS EMPLOYEES. QUAD GRAPHICS V. N.C. DEP'T OF REVENUE (4/17/23) U.S. SUPREME COURT CERTIORARI NFIB SBLC JOINED A COALITION AMICUS BRIEF CHALLENGING THE ANTICIPATORY OVERRULING OF SUPREME COURT PRECEDENT ON TAX POLICY BY LOWER COURTS. SANTIAGO V. SKY ZONE, LLC (4/20/23) PENNSYLVANIA SUPREME COURT NFIB SBLC JOINED A COALITION AMICUS BRIEF ARGUING THAT PARENTS OUGHT TO BE ABLE TO BIND MINOR CHILDREN TO ARBITRATION CLAUSES AND THAT THE LOWER COURT COULD NOT CREATE AN EXCEPTION OUT OF WHOLE CLOTH. KENTUCKY V. EPA (4/26/23) U.S. COURT OF APPEALS FOR THE 6TH CIRCUIT NFIB SBLC FILED AN AMICUS BRIEF URGING THE 6TH CIRCUIT TO ENJOIN THE EPA'S WOTUS RULE PENDING APPEAL. KENTUCKY CHAMBER, ET AL. V. EPA (4/26/23) U.S. COURT OF APPEALS FOR THE 6TH CIRCUIT NFIB SBLC FILED AN AMICUS BRIEF ARGUING FOR THE 6TH CIRCUIT TO ENJOIN THE EPA'S WOTUS RULE PENDING APPEAL. CORNER POST V. FEDERAL RESERVE (5/17/23) U.S. SUPREME COURT CERTIORARI NFIB SBLC FILED AN AMICUS BRIEF IN A CASE CONCERNING WHEN A NEW BUSINESS CAN CHALLENGE BURDENSOME AGENCY REGULATIONS, LIKE ONE IMPOSING DEBIT CARD FEES. NFIB'S BRIEF ARGUES AGAINST BURDENSOME DEBIT CARD FEES ON BEHALF OF SMALL BUSINESS OWNERS. THE PETITION FOR CERTIORARI WAS GRANTED. OWINO V. CORECIVIC, INC. (5/18/23) U.S. SUPREME COURT CERTIORARI NFIB SBLC JOINED A COALITION AMICUS BRIEF ASKING THE COURT TO REVIEW AND OVERTURN THE NINTH CIRCUIT'S CERTIFICATION OF A NATIONWIDE CLASS BASED ON EVIDENCE OF DEFENDANT'S CONDUCT IN ONLY ONE LOCATION. SHEETZ V. CITY OF EL DORADO (6/5/23) U.S. SUPREME COURT CERTIORARI NFIB SBLC JOINED A COALITION AMICUS BRIEF (MONETARY EXACTION FOR COMMUNITY ROAD IMPROVEMENTS). ACHESON HOTELS LLC V. LAUFER (6/12/23) U.S. SUPREME COURT 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. MURPHY V. RAIMONDO (6/16/23) U.S. COURT OF APPEALS FOR THE 9TH CIRCUIT NFIB SBLC FILED AN AMICUS BRIEF CHALLENGING THE CENSUS BUREAU'S AUTHORITY TO ISSUE THE AMERICAN COMMUNITY SURVEY AND REQUEST HIGHLY PERSONAL INFORMATION, EMPHASIZING THE HARM TO BUSINESSES FROM SIMILAR NON-CENSUS SURVEYS. NEBRASKA V. WALSH (6/27/23) U.S. COURT OF APPEALS FOR THE 9TH CIRCUIT NFIB SBLC JOINED A COALITION AMICUS BRIEF ARGUING THAT THE DEPARTMENT OF LABOR'S (DOL) RULE ON INCREASING THE MINIMUM WAGE FOR FEDERAL CONTRACTORS GOES BEYOND THE AUTHORITY DELEGATED BY CONGRESS IN THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT. CULLEY V. MARSHALL (6/29/23) U.S. SUPREME COURT NFIB SBLC FILED AN AMICUS BRIEF IN A CASE ARGUING THAT CIVIL ASSET FORFEITURES HARM SMALL BUSINESSES AND THAT THE DUE PROCESS CLAUSE REQUIRES A POST-SEIZURE PROBABLE CAUSE HEARING. CONSUMER FINANCIAL PROTECTION BUREAU V. COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA (7/10/23) U.S. SUPREME COURT NFIB SBLC JOINED A COALITION AMICUS BRIEF ARGUING THAT THE CONSUMER FINANCIAL PROTECTION BUREAU'S FUNDING STRUCTURE VIOLATES THE APPROPRIATIONS CLAUSE IN ARTICLE 1, SECTION 9 OF THE CONSTITUTION. EDWARDS V. SCAPA WAYCROSS (7/18/23) SOUTH CAROLINA SUPREME COURT NFIB SBLC JOINED AN AMICUS BRIEF ARGUING AGAINST A "CUMULATIVE DOSE" ASBESTOS EXPOSURE THEORY, STATING THAT SUCH A THEORY WOULD OPEN BUSINESSES UP TO FRIVOLOUS AND EXPENSIVE LAWSUITS OVER INCIDENTAL ASBESTOS EXPOSURES. LOPER BRIGHT ENTERPRISES V. RAIMONDO (7/24/23) U.S. SUPREME COURT NFIB SBLC JOINED A COALITION AMICUS BRIEF URGING THE COURT TO OVERTURN CHEVRON AND ELIMINATE ITS DOCTRINE OF AGENCY DEFERENCE. *ASSOCIATED BUILDERS & CONTRACTORS OF MICHIGAN V. EUBANKS (8/24/23) MICHIGAN COURT OF CLAIMS NFIB, REPRESENTED BY THE NFIB SBLC, JOINED A LAWSUIT CHALLENGING THE INTERPRETATION OF A TAX PROVISION IN THE MICHIGAN INCOME TAX ACT BY THE MICHIGAN ATTORNEY GENERAL AND STATE TREASURER. THE CASE CENTERS ON THE MEANING OF "THE CURRENT RATE" IN THE INCOME TAX ACT, ARGUING THAT THE LEGISLATURE INTENDED FOR A TAX CUT TO BE PERMANENT. MOORE V. UNITED STATES (9/6/23) U.S. SUPREME COURT NFIB SBLC JOINED A COALITION AMICUS BRIEF ARGUING THAT CONGRESS DOES NOT HAVE THE AUTHORITY TO TAX UNREALIZED GAINS AND DOING SO VIOLATES THE SIXTEENTH AMENDMENT. MICHIGAN FARM BUREAU V. EGLE (9/13/23) MICHIGAN SUPREME COURT NFIB SBLC FILED AN AMICUS BRIEF ARGUING THAT A STATE ENVIRONMENTAL AGENCY UNLAWFULLY ISSUED STANDARDS THAT FIT THE DEFINITION OF A RULE AS A "PERMIT, AND THAT THEY COULD NOT PERMISSIBLY DO SO WITHOUT FIRST GOING THROUGH THE STATE ADMINISTRATIVE PROCEDURES ACT (APA) RULEMAKING PROCESS. FOSTER V. USDA (9/14/23) U.S. SUPREME COURT CERTIORARI NFIB SBLC FILED AN AMICUS BRIEF ARGUING AGAINST USDA'S "SWAMPBUSTER" PROGRAM AND ADVISING THE COURT TO OVERTURN CHEVRON. MCLAREN MACOMB V. NLRB (9/19/23) U.S. COURT OF APPEALS FOR THE 6TH CIRCUIT NFIB SBLC JOINED A COALITION AMICUS BRIEF, WHICH ARGUES THAT RESTRICTING NON-DISPARAGEMENT PROVISIONS IN SEVERANCE AGREEMENTS PUTS SENSITIVE BUSINESS INFORMATION AT RISK. EMD SALES, INC. V. CARRERA (10/10/23) U.S. SUPREME COURT CERTIORARI NFIB SBLC JOINED A COALITION AMICUS BRIEF ASKING THE COURT TO CLARIFY WHAT STANDARD APPLIES FOR AN EMPLOYER TO PROVE AN FLSA OVERTIME EXEMPTION. ARGUED FOR A LOWER, THE COMMONLY APPLIED STANDARD WOULD ALLOW EMPLOYERS TO MORE EASILY PROVE THAT EMPLOYEES ARE EXEMPT. ALLSTATES V. WALSH (10/16/23) 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. QUINN V. STATE OF WASHINGTON (10/16/23) U.S. SUPREME COURT CERTIORARI NFIB SBLC JOINED A COALITION AMICUS BRIEF ASKING THE COURT TO STRIKE DOWN AS UNCONSTITUTIONAL A WASHINGTON STATE CAPITAL GAINS TAX THAT TAXES OUT-OF-STATE TRANSACTIONS. MULDROW V. CITY OF ST. LOUIS (10/18/23) U.S. SUPREME COURT NFIB SBLC JOINED A COALITION AMICUS BRIEF ASKING THE COURT TO HOLD THAT TRANSFER DECISIONS GENERALLY DO NOT IMPLICATE TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 UNLESS THEY CAUSE A "SIGNIFICANT DISADVANTAGE" TO AN EMPLOYEE. SEC V. JARKESY (10/18/23) U.S. SUPREME COURT NFIB SBLC JOINED A COALITION AMICUS BRIEF CHALLENGING THE SEC'S USE OF ADMINISTRATIVE LAW JUDGES AND THE CONSTITUTIONALITY OF THEIR REMOVAL PROTECTIONS. CAMP V. HOME DEPOT USA, INC. (10/25/23) CALIFORNIA SUPREME COURT NFIB SBLC JOINED A COALITION AMICUS BRIEF ASKING THE CALIFORNIA SUPREME COURT TO HOLD THAT PAYROLL ROUNDING IS AN ACCEPTABLE TIMEKEEPING PRACTICE THAT DOES NOT VIOLATE STATE OR FEDERAL LABOR LAW. RESTAURANT LAW CENTER V. DEPARTMENT OF LABOR (11/2/23) U.S. COURT OF APPEALS FOR THE 5TH CIRCUIT NFIB SBLC FILED AN AMICUS BRIEF IN A CASE CHALLENGING THE DOL 80/20 TIP CREDIT RULE. THE BRIEF ARGUED THAT THE RULE EXCEEDS ITS STATUTORY AUTHORITY, AND THAT REQUIRING SMALL BUSINESS OWNERS TO SPLIT A JOB INTO SUB-TASKS AND RECORD THE MINUTES AND SECONDS DEVOTED TO EACH TASK WILL LEAD TO CONFUSION AND DIFFICULTY IN COMPLYING. DEVILLIER V. TEXAS (11/12/23) U.S. SUPREME COURT NFIB SBLC JOINED A COALITION AMICUS BRIEF ARGUING THAT A PERSON WHOSE PROPERTY IS TAKEN WITHOUT COMPENSATION MAY SEEK REDRESS UNDER THE SELF-EXECUTING TAKINGS CLAUSE OF THE FIFTH AMENDMENT EVEN IF THE LEGISLATURE HAS NOT AFFIRMATIVELY PROVIDED THEM WITH A CAUSE OF ACTION. GHOST GOLF V. NEWSOM (11/7/23) CALIFORNIA COURT OF APPEALS 5TH APPELLATE DISTRICT NFIB SBLC FILED AN AMICUS BRIEF ARGUING THAT THE CALIFORNIA GOVERNOR DID NOT HAVE THE CONSTITUTIONAL AUTHORITY TO ISSUE COVID-19 SHUTDOWN ORDERS AND DOING SO VIOLATED SEPARATION OF POWERS. CORNER POST V. FEDERAL RESERVE (11/20/23) U.S. SUPREME COURT NFIB SBLC FILED AN AMICUS BRIEF AT THE MERITS STAGE IN A CASE CONCERNING WHEN A NEW BUSINESS CAN CHALLENGE BURDENSOME AGENCY REGULATIONS, LIKE ONE IMPOSING DEBIT CARD FEES. THE BRIEF ARGUES AGAINST BURDENSOME DEBIT CARD FEES ON BEHALF OF SMALL BUSINESS OWNERS. SHEETZ V. CITY OF EL DORADO (11/20/23) U.S. SUPREME COURT NFIB SBLC JOINED A COALITION AMICUS BRIEF ARGUING THAT THE UNCONSTITUTIONAL CONDITIONS DOCTRINE APPLIES TO LEGISLATIVELY IMPOSED BUILDING PERMIT EXACTIONS. STARBUCKS V. NLRB (12/8/23) U.S. COURT OF APPEALS FOR THE 3RD CIRCUIT NFIB SBLC JOINED A COALITION AMICUS BRIEF ARGUING THAT NLRB DOES NOT HAVE THE STATUTORY AUTHORITY TO AWARD COMPENSATORY DAMAGES, AND ITS ATTEMPT TO DO SO IS UNCONSTITUTIONAL. PUNXSUTAWNEY HUNTING CLUB, INC. V. PENNSYLVANIA GAME COMMISSION (12/19/23) PENNSYLVANIA SUPREME COURT NFIB SBLC WILL FILE AN AMICUS BRIEF CHALLENGING GAME WARDENS' STATUTORY RIGHT OF ENTRY TO PRIVATE PROPERTY WITHOUT A WARRANT OR PROBABLE CAUSE. BOHR V. TILLAMOOK COUNTY CREAMERY ASSOCIATION (12/21/23) OREGON SUPREME COURT NFIB SBLC JOINED A COALITION AMICUS BRIEF ARGUING AGAINST A "PRICE INFLATION THEORY"-SO THE THEORY GOES, IF A BUSINESS ENGAGED IN A DECEPTIVE MARKETING PRACTICE, THE MARKETING INFLATES THE PRICE OF THE PRODUCT, AND THUS PURCHASING THE PRODUCT ALONE SUFFICES TO ESTABLISH CLASS CERTIFICATION. THIS THEORY IS INCORRECT AND OUR BRIEF ARGUES THAT THE COURT SHOULD REJECT IT. KENTUCKY V. EPA (12/26/23) U.S. COURT OF APPEALS FOR THE 6TH CIRCUIT NFIB SBLC WILL FILE AN AMICUS BRIEF URGING THE 6TH CIRCUIT TO ISSUE AN INJUNCTION AGAINST THE EPA'S WOTUS RULE. KENTUCKY CHAMBER, ET AL. V. EPA (12/26/23) U.S. COURT OF APPEALS FOR THE 6TH CIRCUIT NFIB SBLC WILL FILE AN AMICUS BRIEF URGING THE 6TH CIRCUIT TO ISSUE AN INJUNCTION AGAINST THE EPA'S WOTUS RULE. 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 738210 FMV NATIONAL FEDERATION OF INDEPENDENT BUSINESS INC M 210479 FMV NATIONAL FEDERATION OF INDEPENDENT BUSINESS INC N 138702 FMV NATIONAL FEDERATION OF INDEPENDENT BUSINESS INC P 229287 FMV