2025-06-24T15:34:14-05:00 2024-12-31 135565207 KPMG LLP 303 PEACHTREE ST NE SUITE 2000 ATLANTA GA 30308 990 2024-01-01 621570449 NFIB SMALL BUSINESS LEGAL CENTER NFIB 6158725800 53 CENTURY BOULEVARD 300 NASHVILLE TN 37214 DAWN SIMPSON TREASURER 6158725800 2025-06-24 1 0 WHITNEY B HEBRON P01226647 4042223000 2024 2025-03-06 01:10:19Z BRAD CLOSE 555 12TH STREET NW STE WASHINGTON DC 20004 1364055 0 X WWW.NFIB.COM/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 1 0 0 1285170 1357631 0 0 15 6424 262 0 1285447 1364055 1000 0 0 0 738617 829021 0 0 197413 335960 457471 1075577 1286492 209870 77563 888474 977927 178680 190570 709794 787357 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 1035579 SEE SCHEDULE O FOR SUMMARY OF 2024 CASES 1035579 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 0 1 0 1 12 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 300 NASHVILLE TN 37214 BRAD CLOSE PRESIDENT 1.00 39.00 X X 0 1213444 68813 NEVIN GROCE CHAIRMAN 0.25 1.50 X 0 42000 249 STEVE SCHRAMM DIRECTOR 0.25 1.50 X 0 30143 249 JEFF READY DIRECTOR 0.25 1.50 X 0 28359 249 MARIA DAVID DIRECTOR 0.25 1.50 X 0 28203 249 JOSE VILLA DIRECTOR 0.25 1.50 X 0 28000 249 PATTI MELLARD DIRECTOR 0.25 1.50 X 0 24754 249 ROB HOLT DIRECTOR 0.25 1.50 X 0 24192 249 SAM CHAMBERLAIN DIRECTOR 0.25 1.50 X 0 24000 249 LISA FULLERTON DIRECTOR 0.25 1.50 X 0 24000 249 DAVID ADDINGTON VP/SECRETARY/PARLIAMENTARIAN 5.00 35.00 X 0 732837 36386 JEFF SMITH CFO 1.00 39.00 X 0 506041 57665 CHRIS PITTS ASST SECRETARY 1.00 39.00 X 0 381478 35076 DAWN SIMPSON TREASURER 1.00 39.00 X 0 282418 44125 BETH MILITO EXECUTIVE DIRECTOR 40.00 0.00 X 335938 0 17492 PATRICK MORAN SENIOR ATTORNEY 40.00 0.00 X 159638 0 5534 ROB SMITH SENIOR ATTORNEY 40.00 0.00 X 124321 0 15116 619897 3369869 282448 3 0 1 0 0 753289 604342 1357631 6424 6424 1364055 0 0 6424 353430 353430 348483 348483 81822 81822 45286 45286 172964 172964 16750 16750 66377 942 65435 183 183 184905 26985 25942 131978 16242 5434 10808 50 50 1286492 1035579 53500 197413 817319 912175 31095 19595 34 11404 10599 28656 35524 888474 977927 109548 121583 69132 68987 178680 190570 X 709794 787357 709794 787357 888474 977927 77563 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 2024, 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 46498 INTERCOMPANY PAYABLES 22489 68987 X 1364055 0 1364055 0 1364055 1627123 340631 340631 1286492 0 1286492 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, 2024 AND 2023, NOR DID THE LEGAL CENTER HAVE ANY UNCERTAIN TAX POSITIONS FOR THE YEARS ENDED DECEMBER 31, 2024 AND 2023. X 1 1 0 0 0 0 0 0 0 1 0 BRAD CLOSE PRESIDENT 0 699137 0 341250 0 173057 0 20060 0 48753 0 1282257 0 0 DAVID ADDINGTON VP/SECRETARY/PARLIAMENTARIAN 0 514904 0 203416 0 14517 0 20377 0 16009 0 769223 0 0 JEFF SMITH CFO 0 341228 0 155000 0 9813 0 22396 0 35269 0 563706 0 0 CHRIS PITTS ASST SECRETARY 0 274089 0 94500 0 12889 0 18226 0 16850 0 416554 0 0 BETH MILITO EXECUTIVE DIRECTOR 279550 0 54060 0 2328 0 16731 0 761 0 353430 0 0 0 DAWN SIMPSON TREASURER 0 222128 0 57400 0 2890 0 16292 0 27833 0 326543 0 0 PATRICK MORAN SENIOR ATTORNEY 149800 0 9550 0 288 0 4781 0 753 0 165172 0 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: NON-FIXED COMPENSATION: 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. THE SENIOR ATTORNEYS RECEIVED A DISCRETIONARY BONUS BASED ON MANAGEMENT'S REVIEW OF PERFORMANE 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. THE COMMITTEE REGULARLY ENGAGES 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 2024 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. LAWSUIT ALLEGES THAT THE 2024 IC RULE VIOLATES THE REGULATORY FLEXIBILITY ACT, FAIR LABOR STANDARDS ACT, AND ADMINISTRATIVE PROCEDURE ACT. STATUS: PENDING METAL CONVERSION TECHNOLOGIES, LLC V. DEPARTMENT OF TRANSPORTATION (3/14/24) US SUPREME COURT CERTIORARI NFIB SBLC FILED AMICUS BRIEF URGING COURT TO MAKE CLEAR THAT FEDERAL RULE OF APPELLATE PROCEDURE 26(B) DOES NOT BAR EQUITABLE TOLLING. COURT DENIED CERT. STATUS: DECIDED HIGHLANDER V. VIRGINIA DEPARTMENT OF WILDLIFE RESOURCES (3/22/24) VIRGINIA COURT OF APPEALS NFIB SBLC FILED AMICUS BRIEF ARGUING THAT THE "OPEN FIELDS" DOCTRINE DOESN'T ALLOW FOR THE WARRANTLESS SEIZURE OF PERSONAL PROPERTY AND THAT SMALL BUSINESSES WILL SUFFER IF GOVERNMENT CAN SEIZE PROPERTY WITHOUT A WARRANT OR EXIGENT CIRCUMSTANCES. STATUS: PENDING *ASSOCIATED BUILDERS & CONTRACTORS OF MICHIGAN, ET AL. V. EUBANKS (3/25/24) MICHIGAN SUPREME COURT NFIB SBLC AND COALITION PARTNERS FILED APPLICATION FOR LEAVE TO APPEAL TO MICHIGAN SUPREME COURT. LAWSUIT CHALLENGES INTERPRETATION OF TAX PROVISION IN THE MICHIGAN INCOME TAX ACT BY THE STATE ATTORNEY GENERAL AND TREASURER. COURT OF APPEALS UPHELD INTERPRETATION. STATE SUPREME COURT DENIED REVIEW. STATUS: DECIDED STATE OF TEXAS V. BIDEN (3/29/24) US COURT OF APPEALS FOR THE FIFTH CIRCUIT NFIB SBLC FILED AMICUS BRIEF ARGUING THAT THE PROCUREMENT ACT DOES NOT GIVE THE PRESIDENT UNILATERAL AUTHORITY TO INCREASE THE MINIMUM WAGE FOR FEDERAL CONTRACTORS. STATUS: PENDING INTUIT, INC. V. FEDERAL TRADE COMMISSION (4/22/24) US COURT OF APPEALS FOR THE FIFTH CIRCUIT NFIB SBLC FILED AMICUS BRIEF ARGUING THAT MULTI-LAYER TENURE PROTECTIONS FOR FTC ALJS ARE UNCONSTITUTIONAL AND CREATE A STRUCTURAL DEFECT IN FTC ADJUDICATIONS. STATUS: PENDING WATSON MEMORIAL SPIRITUAL TEMPLE OF CHRIST V. KORBAN, (4/26/24) LOUISIANA SUPREME COURT NFIB SBLC FILED AMICUS BRIEF ARGUING THAT THE JUST COMPENSATION CLAUSE OF THE FIFTH AMENDMENT IS SELF EXECUTING AND LOUISIANA COURTS SHOULD ISSUE WRITS OF MANDAMUS TO NONPAYING STATE AND LOCAL ENTITIES. COURT HELD THAT COURTS CAN ENFORCE MONEY JUDGEMENT VIA WRIT OF MANDAMUS. STATUS: DECIDED ATTORNEY GENERAL V. ELI LILLY & CO. (5/1/24) MICHIGAN SUPREME COURT NFIB SBLC FILED AMICUS BRIEF URGING COURT TO DENY LEAVE TO APPEAL AND UPHOLD ITS PRECEDENTS ON THE MICHIGAN CONSUMER PROTECTION ACT'S EXEMPTION FOR COMPANIES SPECIFICALLY REGULATED UNDER OTHER LAWS. STATUS: PENDING SAWTOOTH MOUNTAIN RANCH, LLC V. US FOREST SERVICE (5/13/24) US SUPREME COURT CERTIORARI NFIB SBLC FILED AMICUS BRIEF ARGUING THAT THE QUIET TITLE ACT ALLOWS FOR EQUITABLE TOLLING AND THAT DECLARATORY OR INJUNCTIVE RELIEF IS AN APPROPRIATE AND AVAILABLE REMEDY FOR TAKINGS CLAIMS. COURT DENIED CERT. STATUS: DECIDED RYAN, LLC V. FEDERAL TRADE COMMISSION (5/15/24) US DISTRICT COURT NORTHERN DISTRICT OF TEXAS NFIB SBLC FILED AMICUS BRIEF ARGUING THAT FTC RULE BANNING NONCOMPETE AGREEMENTS WAS BASED ON A FLAWED COST-BENEFIT ANALYSIS. COURT SET ASIDE FTC RULE. STATUS: DECIDED NATIONAL SMALL BUSINESS UNITED V. YELLEN (5/20/24) US COURT OF APPEALS FOR THE ELEVENTH CIRCUIT NFIB SBLC FILED AMICUS BRIEF ARGUING THAT CORPORATE TRANSPARENCY ACT IS NOT A VALID EXERCISE OF CONGRESS'S COMMERCE CLAUSE POWER. STATUS: PENDING *CHAMBER OF COMMERCE, ET AL. V. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (5/21/24) US DISTRICT COURT WESTERN DISTRICT OF TEXAS NFIB SBLC JOINED BUSINESS COALITION IN SUING OSHA OVER ITS NEW WORKPLACE WALKAROUND RULE. LAWSUIT CLAIMS THAT WALKAROUND RULE VIOLATES THE ADMINISTRATIVE PROCEDURE ACT AND REGULATORY FLEXIBILITY ACT, AS WELL AS THE FIFTH AMENDMENT'S TAKINGS CLAUSE. STATUS: PENDING *PLANO CHAMBER OF COMMERCE, ET AL. V. SU (5/22/24) US DISTRICT COURT EASTERN DISTRICT OF TEXAS NFIB SBLC JOINED BUSINESS COALITION IN SUING DEPARTMENT OF LABOR (DOL) OVER ITS 2024 OVERTIME RULE INCREASING THE MINIMUM SALARY THRESHOLDS FOR EAP OVERTIME EXEMPTION UNDER FAIR LABOR STANDARDS ACT. LAWSUIT CLAIMS OVERTIME RULE EXCEEDS DOL'S STATUTORY AUTHORITY. AFTER CONSOLIDATION WITH CHALLENGE BY STATE OF TEXAS, STATE OF TEXAS V. DEPT OF LABOR, GRANTED MOTION FOR SUMMARY JUDGMENT. STATUS: DECIDED *TEXAS TOP COP SHOP, INC., ET AL. V. GARLAND (5/28/24) 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 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) PENNSYLVANIA SUPREME COURT NFIB SBLC FILED AMICUS BRIEF ARGUING THAT REGIONAL GREENHOUSE GAS INITIATIVE'S REQUIREMENT THAT FOSSIL FUEL-FIRED ELECTRICITY GENERATORS PURCHASE CO2 ALLOWANCES IS AN UNLAWFUL TAX. STATUS: PENDING SHIRLEY V. PENNSYLVANIA LEGISLATIVE REFERENCE BUREAU (9/9/24) PENNSYLVANIA SUPREME COURT NFIB SBLC FILED AMICUS BRIEF ARGUING THAT REGIONAL GREENHOUSE GAS INITIATIVE'S REQUIREMENT THAT FOSSIL FUEL-FIRED ELECTRICITY GENERATORS PURCHASE CO2 ALLOWANCES IS AN UNLAWFUL TAX. STATUS: PENDING EX PARTE INV PERFORMANCE SURFACES, LLC (9/12/24) ALABAMA SUPREME COURT NFIB SBLC FILED AMICUS BRIEF ARGUING THAT ALABAMA COURTS DO NOT HAVE PERSONAL JURISDICTION OVER OUT-OF-STATE ENTITIES THAT ENGAGED IN NO CONTACTS WITH THE STATE OF ALABAMA. STATUS: PENDING LEACHCO, INC. V. CONSUMER PRODUCT SAFETY COMMISSION (9/12/24) US SUPREME COURT CERTIORARI NFIB SBLC FILED AMICUS BRIEF ARGUING THAT THE PRESIDENT MUST HAVE REMOVAL AUTHORITY OVER OFFICERS WHO POSSESS SUBSTANTIAL EXECUTIVE POWER AND THAT HUMPHREY'S EXECUTOR IS NO LONGER APPLICABLE. STATUS: PENDING RICHARDS V. ELI LILLY & CO. (10/7/24) US COURT OF APPEALS FOR THE SEVENTH CIRCUIT NFIB SBLC FILED AMICUS BRIEF ARGUING THAT COURTS MUST DETERMINE WHETHER PLAINTIFFS ARE "SIMILARLY SITUATED" AT THE BEGINNING OF A COLLECTIVE ACTION INSTEAD OF USING THE TWO-STEP LUSARDI METHOD. STATUS: PENDING TEXAS CHEMISTRY COUNCIL V. ENVIRONMENTAL PROTECTION AGENCY (10/7/24) US COURT OF APPEALS FOR THE FIFTH CIRCUIT NFIB SBLC FILED AMICUS BRIEF ARGUING THAT EPA'S FINAL RULE BANNING CHRYSOTILE ASBESTOS DIAPHRAGMS EXCEEDS THE AGENCY'S AUTHORITY AND UPSETS THE BALANCE IN THE TOXIC SUBSTANCES CONTROL ACT. STATUS: PENDING *NATIONAL ASSOCIATION OF HOMEBUILDERS V. MONTGOMERY CTY, MARYLAND (10/17/24) US DISTRICT COURT FOR THE DISTRICT OF MARYLAND NFIB SBLC JOINED COALITION CHALLENGING MONTGOMERY COUNTY BAN ON THE USE OF GAS APPLIANCES IN NEW CONSTRUCTIONS. LAWSUIT CLAIMS THAT COUNTY'S GAS BAN IS PREEMPTED BY FEDERAL LAW. STATUS: PENDING *MINNESOTA ASSOCIATED BUILDERS & CONTRACTORS, ET AL. V. ELLISON (10/18/24) US COURT OF APPEALS FOR THE EIGHTH CIRCUIT GOVERNMENT FILED INTERLOCUTORY APPEAL AND BRIEFING SCHEDULE SET. STATUS: PENDING *MICHIGAN PRESS ASSOCIATION, ET AL. V. FEDERAL TRADE COMMISSION (10/22/24) US COURT OF APPEALS FOR THE SIXTH CIRCUIT NFIB SBLC FILED PETITION FOR REVIEW OF THE FTC'S NEGATIVE OPTION RULE, WHICH IMPOSES ADDITIONAL REQUIREMENTS ON ENTITIES THAT USE AUTOMATIC RENEWALS OR SUBSCRIPTIONS. PURSUANT TO FEDERAL LAW, A CIRCUIT LOTTERY WAS HELD AND THE EIGHTH CIRCUIT WON THE CHALLENGE. STATUS: CLOSED EAST FORK ENTERPRISES, INC. V. ENVIRONMENTAL PROTECTION AGENCY (10/30/24) US COURT OF APPEALS FOR THE FIFTH CIRCUIT NFIB SBLC FILED AMICUS BRIEF CLAIMING THAT EPA'S RULES ON METHYLENE CHLORIDE USING A "WHOLE CHEMICAL" APPROACH VIOLATES THE TOXIC SUBSTANCES CONTROL ACT'S "UNREASONABLE RISK" STANDARD AND EXCEEDS THE AGENCY'S AUTHORITY. COURT DENIED MOTION TO FILE. STATUS: CLOSED MAYFIELD V. DEPARTMENT OF LABOR (11/4/24) US COURT OF APPEALS FOR THE FIFTH CIRCUIT NFIB SBLC FILED AMICUS BRIEF SUPPORTING PETITION FOR REHEARING EN BANC CLAIMING THAT PANEL DECISION CREATES CONFUSION AND UNCERTAINTY. STATUS: PENDING CORNER POST, INC. V. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (11/22/24) US DISTRICT COURT FOR DISTRICT OF NORTH DAKOTA NFIB SBLC FILED AMICUS BRIEF ARGUING THAT REGULATION II'S DEBIT CARD INTERCHANGE FEE CAP DOES NOT COMPORT WITH THE TEXT OF THE DURBIN AMENDMENT AND THAT THE BOARD CONSIDERS COSTS THAT CONGRESS PROHIBITED. STATUS: PENDING *CUSTOM COMMUNICATIONS, INC. V. FEDERAL TRADE COMMISSION (11/21/24) US COURT OF APPEALS FOR THE EIGHTH CIRCUIT CHALLENGES TO FTC NEGATIVE OPTION RULE CONSOLIDATED IN EIGHTH CIRCUIT. NFIB SBLC AND CHALLENGERS FILED MOTION FOR STAY OF FTC RULE. STATUS: PENDING *STATE OF TEXAS V. DEPARTMENT OF LABOR (12/4/24) US COURT OF APPEALS FOR THE FIFTH CIRCUIT GOVERNMENT FILED APPEAL OF PLANO CHAMBER OF COMMERCE, ET AL V. SU OVERTIME RULE DECISION. STATUS: PENDING *MCCARTY, ET AL. V. MISSOURI SECRETARY OF STATE (12/6/24) MISSOURI SUPREME COURT NFIB SBLC JOINED COALITION IN CHALLENGING PROPOSITION A, A PAID SICK LEAVE MANDATE AND MINIMUM WAGE INCREASE APPROVED BY VOTERS IN THE 2024 ELECTION. LAWSUIT ALLEGES THAT PROP A VIOLATES MISSOURI LAW AND THE STATE CONSTITUTION. STATUS: PENDING *TEXAS TOP COP SHOP, INC., ET AL. V. GARLAND (12/6/24) US COURT OF APPEALS FOR THE FIFTH CIRCUIT GOVERNMENT FILED APPEAL OF DISTRICT COURT'S ORDER GRANTING NATIONWIDE PRELIMINARY INJUNCTION. STATUS: PENDING AU MEDICAL CENTER, INC. V. DALE (12/23/24) GEORGIA SUPREME COURT 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 NATIONAL FEDERATION OF INDEPENDENT BUS 53 CENTURY BLVD SUITE 300 NASHVILLE TN 37214 940707299 MEMBER REPRESENTATION CA 501(C)(6) N/A 0 NFIB FEDERAL POLITICAL ACTION COMMITTEE 555 12TH ST NW STE 1001 WASHINGTON DC 20004 942532364 PAC CA 527 NFIB 0 NFIB THE VOICE OF FREE ENTERPRISE INC 53 CENTURY BLVD SUITE 300 NASHVILLE TN 37214 273615830 SOCIAL WELFARE TN 501(C)(4) NFIB 0 NFIB MEMBER SERVICES CORPORATION 53 CENTURY BLVD SUITE 300 NASHVILLE TN 37214 942899404 MEMBER BENEFITS CA NFIB C 0 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 753289 FMV NATIONAL FEDERATION OF INDEPENDENT BUSINESS INC N 125937 FMV NATIONAL FEDERATION OF INDEPENDENT BUSINESS INC P 247069 FMV NATIONAL FEDERATION OF INDEPENDENT BUSINESS INC M 214694 FMV