Nfib Small Business Legal Center

“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.”

“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.”

“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. The committee regularly engages the services of outside consulting firms to provide expert information regarding industry-wide compensation norms.”

“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.”

“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.”

“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.”

“Nfib small business legal center (sblc) *designates cases where national federation of independent business (nfib) is a plaintiff/petitioner punxsutawney hunting club, inc. V. Pennsylvania game commission (1/18/24) pennsylvania supreme court nfib sblc filed amicus brief urging the state supreme court to discard the "open fields" doctrine, which allows for warrantless searches of private property. Status: pending mayfield v. Department of labor (1/24/24) us court of appeals for the fifth circuit nfib sblc filed amicus brief arguing that fair labor standards act's eap exemption from overtime pay focuses solely on an employee's duties and not their salary. Court concludes that dept of labor can impose salary thresholds as proxy for duties. Status: decided utah v. Su (1/25/24) us court of appeals for the fifth circuit nfib sblc filed amicus brief arguing that dept of labor's duty of prudence and duty of loyalty rules, which allow erisa plan fiduciaries to consider esg factors in investment decisions, burdens small businesses. Court remanded for district court consideration without deference. Status: decided connelly v. United states (1/31/24) us supreme court nfib sblc filed amicus brief arguing that court of appeals' decision threatens redemption agreements and responsible business succession planning. Court affirmed court of appeals. Status: decided ford motor co. V. Parks (2/8/24) texas supreme court nfib sblc filed amicus brief arguing that texas's 15-year statute of repose runs from the date of sale of the product, which means the transfer of the property from buyer to seller, regardless of whether payment was rendered in full. The court agreed. Status: decided cemex construction materials pacific, llc v. National labor relations board (2/9/24) us court of appeals for the ninth circuit nfib sblc filed amicus brief arguing that nlrb's cemex decision violates supreme court precedent and contravenes congressional intent preferring secret ballot elections for union organizing. Status: pending city and county of san francisco v. Environmental protection agency (2/12/24) us supreme court certiorari nfib sblc filed amicus brief urging the supreme court to review a ninth circuit decision that harms the business community and created a circuit split regarding the clean water act. Court granted cert. Status: decided *minnesota associated builders & contractors, et al. V. Ellison (2/20/24) us district court for the district of minnesota nfib sblc joined a business coalition in challenging minnesota's captive audience law. Lawsuit alleges that it is an unconstitutional restriction of speech under the first amendment and is preempted by the national labor relations act. The court denied the state's motion to dismiss; court considering stay request pending appeal. Status: pending starbucks corp. V. Mckinney (2/28/24) us supreme court nfib sblc filed amicus brief arguing that that watered down preliminary injunction standard approved by the court of appeals for nlrb injunctions on business activity represents unwarranted deference to the nlrb and intrusion on business. Court held that nlrb must satisfy traditional injunction standard. Status: decided allstates refractory contractors, llc v. Su (2/29/24) us supreme court certiorari nfib sblc filed amicus brief arguing that constitutional structure requires a strong nondelegation doctrine and that congress's standardless grant of discretion to osha to create workplace safety rules is an unconstitutional delegation of legislative powers. Court denied cert. Status: decided *chamber of commerce, et al. V. Bartolomeo (3/5/24) us district court for the district of connecticut due to unexpected discovery issue, nfib sblc filed motion to withdraw as party. Court granted the motion. Status: closed *coalition for workforce innovation, et al. V. Su (3/5/24) us district court eastern district of texas nfib sblc joined business coalition in suing department of labor over its independent contractor rule.”

“Us district court eastern district of texas nfib sblc filed lawsuit against attorney general and department of treasury alleging that the corporate transparency act and its beneficial ownership reporting requirements for small businesses are unconstitutional under article i and the first, fourth, and tenth amendments of the constitution. Court granted motion for preliminary injunction. Status: pending ats tree services, llc v. Federal trade commission (6/3/24) us district court eastern district of pennsylvania nfib sblc filed amicus brief arguing that ftc's ban on noncompetes contains a flawed cost-benefit analysis and is arbitrary and capricious. Plaintiffs voluntarily dismissed. Status: closed howmet aerospace, inc v. Burford (6/13/24) texas supreme court nfib sblc filed amicus brief arguing that court of appeals' decision upends predictable standard for asbestos exposure cases. Status: pending state of texas v. Department of labor (6/21/24) us district court eastern district of texas prior to consolidation of nfib's challenge to the overtime salary threshold increase with the state of texas's challenge, nfib sblc filed amicus brief arguing that dol exceeded its authority under fair labor standards act by promulgating 2024 overtime rule. Status: decided frisard's transportation, llc v. Department of labor (6/24/24) us court of appeals for the fifth circuit nfib sblc filed amicus brief arguing that dol's rescission of the 2021 independent contractor rule is arbitrary and capricious and that the 2024 rule violates the fair labor standards act. Status: pending ghost golf v. Newsom (7/15/24) california supreme court nfib sblc filed letter brief arguing that california supreme court should review the case and decide important separation of powers questions. Court denied review. Status: decided schneider electric usa, inc. V. Williams (7/23/24) kentucky supreme court nfib sblc filed amicus brief arguing against expansion of asbestos liability to include take-home exposure cases. Status: pending union carbide corporation v. Schneider electric usa, inc. (7/23/24) kentucky supreme court nfib sblc filed amicus brief arguing against expansion of asbestos liability to include take-home exposure cases. Status: pending baker v. City of mckinney (7/26/24) us supreme court certiorari nfib sblc filed amicus brief arguing that government owes just compensation to property owners when engaged in physical taking of property pursuant to police power authority. Court denied cert. Status: decided city and county of san francisco v. Environmental protection agency (7/26/24) us supreme court nfib sblc filed amicus brief arguing that general npdes permit conditions based on the quality of receiving waters is harmful for businesses and violates the clean water act. Status: pending diamond alternative energy v. Environmental protection agency (8/7/24) us supreme court certiorari nfib sblc filed amicus brief urging court to grant review because the dc circuit's decision upholding the epa's clean air act preemption waiver for california contained a flawed justiciability analysis. Status: pending advance stores co., inc. V. Birthwright (8/12/24) us court of appeals for the second circuit nfib sblc filed amicus brief urging the court to grant interlocutory appeal and decide whether ny labor law 191 includes a private right of action. Court denied interlocutory appeal. Status: decided e.m.d. Sales, inc. V. Carrera (8/20/24) us supreme court nfib sblc filed amicus brief arguing that burden of proof for fair labor standards act exemption is preponderance of the evidence instead of clear and convincing. Status: pending gardner v. Norman (8/23/24) utah supreme court nfib sblc filed amicus brief arguing that recovery of medical expenses in tort cases should be based on prices actually paid for medical services, instead of chargemaster rates/list prices. Status: pending bowfin keycon holdings, llc v. Pennsylvania department of environmental protection (9/9/24) pe”

“Nfib sblc filed amicus brief asking state supreme court to review court of appeals decision allowing plaintiffs and their attorneys to prevent defendants in tort cases from arguing that nonparties or already-dismissed defendants contributed to the injury. Status: pending”