Attach to Form 990 or Form 990-EZ.
Go to
www.irs.gov/Form990 for the latest information.
| (i) Name of supported organization | (ii) EIN | (iii) Type of organization (described on lines 1- 10 above (see instructions)) | (iv) Is the organization listed in your governing document? | (v) Amount of monetary support (see instructions) | (vi) Amount of other support (see instructions) | |
|---|---|---|---|---|---|---|
| Yes | No | |||||
| (A)
NFIB INC |
940707299 | 10 | Yes | 0 | 0 | |
|
Total 1
|
0 | 0 | ||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2014 | (b) 2015 | (c) 2016 | (d) 2017 | (e) 2018 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 1 | Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grant.") .. | ||||||
| 2 | Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.... | ||||||
| 3 | The value of services or facilities furnished by a governmental unit to the organization without charge.. | ||||||
| 4 | Total. Add lines 1 through 3 | ||||||
| 5 | The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included on line 1 that exceeds 2% of the amount shown on line 11, column (f).. | ||||||
| 6 | Public support. Subtract line 5 from line 4. | ||||||
Calendar year
(or fiscal year beginning in) ![]() |
(a) 2014 | (b) 2015 | (c) 2016 | (d) 2017 | (e) 2018 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 7 | Amounts from line 4.. | ||||||
| 8 | Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources... | ||||||
| 9 | Net income from unrelated business activities, whether or not the business is regularly carried on.. | ||||||
| 10 | Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.).. | ||||||
| 11 | Total support. Add lines 7 through 10 | ||||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2014 | (b) 2015 | (c) 2016 | (d) 2017 | (e) 2018 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 1 | Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") . | ||||||
| 2 | Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose | ||||||
| 3 | Gross receipts from activities that are not an unrelated trade or business under section 513 ..... | ||||||
| 4 | Tax revenues levied for the organization's benefit and either paid to or expended on its behalf... | ||||||
| 5 | The value of services or facilities furnished by a governmental unit to the organization without charge | ||||||
| 6 | Total. Add lines 1 through 5 | ||||||
| 7a | Amounts included on lines 1, 2, and 3 received from disqualified persons | ||||||
| b | Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year. | ||||||
| c | Add lines 7a and 7b.. | ||||||
| 8 | Public support. (Subtract line 7c from line 6.) | ||||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2014 | (b) 2015 | (c) 2016 | (d) 2017 | (e) 2018 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 9 | Amounts from line 6... | ||||||
| 10a | Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources.. | ||||||
| b | Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975. | ||||||
| c | Add lines 10a and 10b. | ||||||
| 11 | Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on. | ||||||
| 12 | Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.) .. | ||||||
| 13 | Total support. (Add lines 9, 10c, 11, and 12.).. | ||||||
| Section A - Adjusted Net Income | (A) Prior Year |
(B) Current Year (optional) |
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| 1 | Net short-term capital gain | 1 | ||||
| 2 | Recoveries of prior-year distributions | 2 | ||||
| 3 | Other gross income (see instructions) | 3 | ||||
| 4 | Add lines 1 through 3 | 4 | ||||
| 5 | Depreciation and depletion | 5 | ||||
| 6 | Portion of operating expenses paid or incurred for production or collection of gross income or for management, conservation, or maintenance of property held for production of income (see instructions) | 6 | ||||
| 7 | Other expenses (see instructions) | 7 | ||||
| 8 | Adjusted Net Income (subtract lines 5, 6 and 7 from line 4) | 8 | ||||
| Section B - Minimum Asset Amount | (A) Prior Year |
(B) Current Year (optional) |
||||
| 1 | Aggregate fair market value of all non-exempt-use assets (see instructions for short tax year or assets held for part of year): | 1 | ||||
| a | Average monthly value of securities | 1a | ||||
| b | Average monthly cash balances | 1b | ||||
| c | Fair market value of other non-exempt-use assets | 1c | ||||
| d | Total (add lines 1a, 1b, and 1c) | 1d | ||||
| e |
Discount claimed for blockage or other factors (explain in detail in Part VI): |
|||||
| 2 | Acquisition indebtedness applicable to non-exempt use assets | 2 | ||||
| 3 | Subtract line 2 from line 1d | 3 | ||||
| 4 | Cash deemed held for exempt use. Enter 1-1/2% of line 3 (for greater amount, see instructions). | 4 | ||||
| 5 | Net value of non-exempt-use assets (subtract line 4 from line 3) | 5 | ||||
| 6 | Multiply line 5 by .035 | 6 | ||||
| 7 | Recoveries of prior-year distributions | 7 | ||||
| 8 | Minimum Asset Amount (add line 7 to line 6) | 8 | ||||
| Section C - Distributable Amount | Current Year | |||||
| 1 | Adjusted net income for prior year (from Section A, line 8, Column A) | 1 | ||||
| 2 | Enter 85% of line 1 | 2 | ||||
| 3 | Minimum asset amount for prior year (from Section B, line 8, Column A) | 3 | ||||
| 4 | Enter greater of line 2 or line 3 | 4 | ||||
| 5 | Income tax imposed in prior year | 5 | ||||
| 6 | Distributable Amount. Subtract line 5 from line 4, unless subject to emergency temporary reduction (see instructions) | 6 | ||||
| Section D - Distributions | Current Year | |
|---|---|---|
| 1 Amounts paid to supported organizations to accomplish exempt purposes | ||
|
2
Amounts paid to perform activity that directly furthers exempt purposes of supported organizations, in excess of income from activity |
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| 3 Administrative expenses paid to accomplish exempt purposes of supported organizations | ||
| 4 Amounts paid to acquire exempt-use assets | ||
| 5 Qualified set-aside amounts (prior IRS approval required) | ||
| 6 Other distributions (describe in Part VI). See instructions | ||
| 7Total annual distributions. Add lines 1 through 6. | ||
|
8
Distributions to attentive supported organizations to which the organization is responsive (provide details in Part VI). See instructions |
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| 9 Distributable amount for 2018 from Section C, line 6 | ||
| 10 Line 8 amount divided by Line 9 amount | ||
| Section E - Distribution Allocations (see instructions) |
(i) Excess Distributions |
(ii) Underdistributions Pre-2018 |
(iii) Distributable Amount for 2018 |
|
|---|---|---|---|---|
|
1
Distributable amount for 2018 from Section C, line 6 |
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|
2
Underdistributions, if any, for years prior to 2018 (reasonable cause required-- explain in Part VI). See instructions. |
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| 3 Excess distributions carryover, if any, to 2018: | ||||
| a From 2013....... | ||||
| b From 2014....... | ||||
| c From 2015....... | ||||
| d From 2016....... | ||||
| e From 2017....... | ||||
| fTotal of lines 3a through e | ||||
| g Applied to underdistributions of prior years | ||||
| h Applied to 2018 distributable amount | ||||
|
i
Carryover from 2013 not applied (see instructions) |
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| j Remainder. Subtract lines 3g, 3h, and 3i from 3f. | ||||
| 4Distributions for 2018 from Section D, line 7: | ||||
| $ | ||||
| a Applied to underdistributions of prior years | ||||
| b Applied to 2018 distributable amount | ||||
| c Remainder. Subtract lines 4a and 4b from 4. | ||||
|
5
Remaining underdistributions for years prior to 2018, if any. Subtract lines 3g and 4a from line 2. If the amount is greater than zero, explain in Part VI. See instructions. |
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|
6
Remaining underdistributions for 2018. Subtract lines 3h and 4b from line 1. If the amount is greater than zero, explain in Part VI. See instructions. |
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7 Excess distributions carryover to 2019. Add lines 3j and 4c. |
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| 8 Breakdown of line 7: | ||||
| a Excess from 2014...... | ||||
| b Excess from 2015..... | ||||
| c Excess from 2016..... | ||||
| d Excess from 2017..... | ||||
| e Excess from 2018..... | ||||
| Facts And Circumstances Test |
|---|
| Return Reference | Explanation |
|---|---|
| PART I, LINE 12G(A)(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 2018, 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. |
| Software ID: | |
| Software Version: |
Attach to Form 990 or 990-EZ.
Go to www.irs.gov/Form990 for the latest information.
| Return Reference | Explanation |
|---|---|
| VOLUNTEERS | FORM 990, PART I, LINE 6 IN 2018, THE NFIB SMALL BUSINESS LEGAL CENTER USED THE SERVICES OF ONE PRO BONO ATTORNEY TO WRITE A LEGAL BRIEF FOR THE CENTER. |
| SUMMARY OF LEGAL CASES FOR 2018 | Air and Liquid Sys. Corp. v. DeVries - Legal Reform U.S. Supreme Court The Court was asked to decide whether products-liability defendants can be held liable under maritime law for injuries caused by products that they did not make, sell, or distribute. The NFIB Small Business Legal Center joined a brief, which argued that traditional tort law principles do not support imposition of liability for harms caused by third parties. Status: PENDING. Amicus brief filed 7/16/18. Association of Car Wash Owners v. New York City - Labor U.S. Court of Appeals for the Second Circuit The NFIB Small Business Legal Center joined with the U.S. Chamber of Commerce to support the Association of Car Wash Owners, a group that represents about 90 washing operations throughout the city. The lawsuit centers on new NYC regulations that require owners of nonunionized carwashes to post a $150,000 surety bond before obtaining a license. Unionized operations would pay $30,000. The amicus brief argued that the two-tier system is illegal, violating past decisions by the United States Supreme Court that limit local governments' ability to favor or discourage collective bargaining. Status: PENDING. Amicus brief filed 2/28/18. Boeing v. International Association of Machinists - Labor National Labor Relations Board In this labor dispute, the Boeing Co. asked the National Labor Relations Board to clarify how its regional officials should apply a revamped test for settling disputes over bargaining unit scope and urged the board to review a recent decision letting some workers who build the jet maker's flagship 787 Dreamliners organize separately from others. The NFIB Small Business Legal Center joined an amicus brief arguing against application of the Specialty Healthcare micro unit standard. Status: PENDING. Amicus brief filed 7/12/18. BouSamra v. Excela Health - Legal Reform Pennsylvania Supreme Court The Commonwealth's highest court has been asked to decide whether company conversations with public relations and legal counsel are privileged when determining how best to represent the company. NFIB Small Business Legal Center's brief argues that privilege over attorney-client documents should not be waived merely because they are shared with Public Relations counsel to ensure that the company's comments in the media is consistent with their legal positioning. Status: PENDING. Amicus brief filed 3/12/18. Branch v. Commonwealth Employment Relations Board - First Amendment/Labor Massachusetts Supreme Judicial Court NFIB Small Business Legal Center filed a brief arguing that Massachusetts' exclusive representation requirements violates the First Amendment. Status: PENDING. Amicus brief filed 12/21/18. Caeser's Entertainment - Labor National Labor Relations Board The Board requested briefing on its decision in Purple Communications regarding the extent to which employees may use employer email systems for organizing purposes. Status: PENDING. Amicus brief filed 9/5/18. California v. Atlantic Richfield - Legal Reform California Supreme Court - request for review The NFIB Small Business Legal Center filed an amicus brief, which argued that the California Supreme Court should review a lower court decision that allowed individuals exposed to asbestos to bring a nuisance claim in addition to a personal injury claim. Status: DECIDED. Amicus brief filed 2/1/18. Court denied review on 2/7/18. Chamber of Commerce of Philadelphia v. City of Philadelphia - Labor and Employment U.S. Court of Appeals for the Third Circuit The NFIB Small Business Legal Center joined with the U.S. Chamber of Commerce in filing an amicus brief challenging a Philadelphia municipal ordinance, which prohibits employers from asking job applicants about their pay history or past salaries. This is not only bad policy- which will make it harder for small businesses to perform job searches- but it violates the First Amendment. Status: PENDING. Amicus brief filed 11/28/18. Chevalier v. GNC - Employment Pennsylvania Supreme Court The NFIB Small Business Legal Center filed a brief regarding appropriate calculation of wages for a fluctuating workweek. Status: PENDING. Amicus brief filed 8/28/18. City of Miami v. Florida Retail Federation - Employment Florida Supreme Court NFIB Small Business Legal Center joined in an amicus brief challenging the City's minimum wage hike. The brief argued that state law preempted local wage ordinances. The Court of Appeal struck down the wage ordinance in December 2017. Status: PENDING. Amicus filed in Supreme Court 9/28/18. COGCC v. Martinez - Regulatory Reform Colorado Supreme Court The NFIB Legal Center filed an amicus brief and argued that the State acted properly in denying a petition for rulemaking that would effectively deny permits for energy companies for any potential adverse environmental impact because state law requires the agency to balance environmental and economic concerns when reviewing permit applications. Status: PENDING. Amicus brief filed 3/12/18. Colony Cove Properties, LLC v. City of Carson - Property Rights U.S. Supreme Court - Petition for Certiorari NFIB Small Business Legal Center filed a brief in support of the Petitioner in a regulatory takings case in which the Ninth Circuit reversed a jury verdict finding that the City had taken our client's property without just compensation. The petition raised important questions concerning the proper application of the Penn Central test. Status: DECIDED. Amicus brief filed 12/3/18. Court denied review. Conagra v. California - Legal Reform U.S. Supreme Court - Petition for Certiorari The NFIB Small Business Legal Center joined an amicus brief urging the Supreme Court to overturn a California ruling based on the "public nuisance" doctrine that will green light other suits seeking to hold manufacturers liable for damage inflicted on the public, including the opioid crisis and climate change. The ruling in the lead paint case arose when 10 California local governments, including Los Angeles County, brought a "public nuisance" suit against the companies that once sold lead paint. Status: DECIDED. Amicus brief filed 8/17/18. Court denied review. |
| SUMMARY OF LEGAL CASES FOR 2018 (CONT.) | Contest Promotions LLC v. City and County of San Francisco Commercial Speech U.S. Supreme Court Petition for Certiorari The NFIB Small Business Legal Center filed an amicus brief urging the U.S. Supreme Court to take this case in order to clarify First Amendment protections for businesses seeking to display commercial signs on their property. Status: DECIDED. Amicus brief filed 3/16/18. Court denied review. CTIA v. City of Berkeley Commercial Speech U.S. Supreme Court Petition for Certiorari The NFIB Small Business Legal Center filed an amicus brief urging the U.S. Supreme Court to grant certiorari in this case in order to clarify that a heightened level of scrutiny applies when government compels commercial actors to make statements that may stigmatize their products, or which may otherwise be problematic. Status: DECIDED. Amicus brief filed 2/27/18. Court denied review. Dabbs v. Anne Arundel County Property Rights U.S. Supreme Court Petition for Certiorari This case concerned the issue of whether legislatively-proscribed monetary exactions (impact fees) are subject to scrutiny unconstitutional conditions doctrine set out in Koontz v. St. Johns River Water Management District, Dolan v. City of Tigard, and Nollan v. California Coastal Commission. The NFIB Small Business Legal Centers brief argued that fees that have no apparent relationship to actual public impacts arising from proposed development are simply a mechanism by which the County forces developers to bear public burdens that, in fairness, ought to be borne by the public as a whole. Status: DECIDED. Amicus brief filed 8/9/18. Court denied review. Emerson Electric Co. (Solus Innovations LLC) v. Superior Court Legal Reform U.S. Supreme Court Petition for Certiorari NFIB Small Business Legal Centers amicus brief argued that California district attorneys lack authority to impose penalties on top of those already assessed by Cal/OSHA for workplace safety violations. Specifically, we contend that the federal Occupational Safety and Health Act preempts all state regulation of workplace safety issues, except as authorized by the Secretary of Labor in an approved state workplace safety plan. Since in this case the District Attorney of Orange County sought to impose penalties exponentially greater than those already imposed by Cal/OSHA, and without any authority under Californias approved plan, we argue that the Supreme Court should rule in favor of the employer-defendants. Status: DECIDED. Amicus brief filed 7/27/18. Court denied review. First Acceptance v. Hughes Legal Reform Georgia Supreme Court The NFIB Small Business Legal Center joined a brief urging the state Supreme court to overturn a court of appeals ruling that found that an insurer may be liable for an excess judgment against its insured if the insurer, negligently or in bad faith, failed to settle within the policy limits. The court therefore held that whether a defendant/insurer acted negligently under these circumstances turned on whether it had acted reasonably in responding to the settlement offer from plaintiffs counsel, which is a matter for the jury. Status: PENDING. Amicus brief filed 9/4/18. Gerawan Farming Co. v. ALRB Labor & Employment U.S. Supreme Court Petition for Certiorari The NFIB Small Business Legal Center filed an amicus brief arguing that the Supreme Court should take this case to reaffirm that it is beyond the police powers of the state to compel non-consenting parties into a collective bargaining agreement, and that an imposed collective bargaining agreement necessarily violates the Equal Protection Clause in targeting an employer for individualized legal proscriptions. Status: DECIDED. Amicus brief filed 4/27/18. Court denied review. International Union of Operating Engineers Local 139 v. Schimel Employment and labor U.S. Court of Appeals for the Seventh Circuit NFIB Small Business Legal Center filed here to defend the Wisconsin Right to Work law. The amicus brief argued that the Seventh Circuit should affirm an earlier decision, which rejected identical claims against Indianas Right to Work law. In addition, the NFIB Legal Center argued that the State cannot violate the Takings Clause by enacting law merely protecting workers from unions demands. Status: PENDING. Amicus brief filed 10/9/18 (request for rehearing). Juni v. Ford (AO Smith Water Products) Legal Reform New York Court of Appeals Plaintiff Juni argues that he can sue and win based on "any exposure" to asbestos no matter how exposure occurred. NFIB Small Business Legal Center joined an industry brief urging the appellate court to reject such a finding and dismiss plaintiffs claim. Status: DECIDED. Amicus brief filed 1/17/18. Court ruled for plaintiff. Kansler v. MS Dept. of Revenue Tax Mississippi Supreme Court The NFIB Small Business Legal Center filed an amicus brief arguing that Mississippi residents should be entitled a refund for taxes paid to Mississippi where in fact it has been determined that those taxes were owed instead to New York. While Mississippi DOR maintains that it is foreclosed from granting a refund under a statutorily imposed statute of limitations, we argue that limitation is invalid under the Dormant Commerce Clause. Status: PENDING. Amicus brief filed 2/28/18. Knick v. Township of Scott, Pennsylvania Property Rights U.S. Supreme Court In this case a Pennsylvania township enacted an ordinance purporting to give the public a right of access on private property to visit historic grave sites. Since the Supreme Court has ruled definitively that government must provide just compensation when taking away the right to exclude the public from private lands, a private property owner challenged the constitutionality of the ordinance under the Takings Clause of the Fifth Amendment. The NFIB Small Business Legal Center has urged the Supreme Court to reverse a Second Circuit Federal Court of Appeals decision that this lawsuit should have been brought in state court because we contend that suits seeking vindication of federal rights belong in federal court. Status: PENDING. Amicus brief filed 5/28/18. Lamar, Archer & Cofrin v. Appling Legal Reform U.S. Supreme Court The NFIB Small Business Legal Center filed an amicus brief arguing that the U.S. Bankruptcy Code prohibits the discharge of loans for dishonest debtors who lie about specific assets-as opposed to making a misstatement about their overall financial condition. Status: DECIDED. Amicus brief filed 3/5/18. Court ruled 6/4/18. Leone v. Maui County, Hawaii - Regulatory U.S. Supreme Court Petition for Certiorari The question presented in the petition is whether holding undeveloped property as an "investmentusing it as a "park" in its natural state constitutes economically beneficial or productive use of land under Lucas v. South Carolina Coastal Council (1992). The NFIB Small Business Legal Center filed in support of the property owners. Status: DECIDED. Amicus brief filed 10/5/18. Court denied review. |
| SUMMARY OF LEGAL CASES FOR 2018 (CONT.) | Lewis v. Alabama Labor and Employment U.S. Court of Appeals for the Eleventh Circuit The NFIB Small Business Legal Center joined with other Alabama business groups to defend the states uniform minimum wage law. The brief argued that a patchwork of different wage rates throughout the state would hinder economic development by raising labor and compliance costs for businesses. Status: PENDING. Amicus brief filed 9/5/18. Lindenberg v. Jackson National Life Ins. Co. Legal Reform U.S. Court of Appeals for the Sixth Circuit The NFIB Small Business Legal Center filed an amicus brief in support of Tennessees civil damages cap. NFIB Legal Center has long supported reasonable damages cap to control runaway verdicts and restrain rising insurance costs. Status: DECIDED. Amicus brief filed 1/17/18. Court ruled for plaintiffs and invalidated damages cap. Martinez v. COGCC Regulatory (oil, gas and fracking permits) Colorado Supreme Court In this suit, an environmental activist seeks to compel permitting authorities in Colorado to deny any new permits for oil, gas and fracking operations within the State. The NFIB Small Business Legal Center joined with the National Association of Manufacturers in arguing that state law allows the permitting authority to continue to issue energy development permits, while weighing environmental concerns. Status: PENDING. Amicus brief filed 5/19/18. Mayo v. Wisconsin Injured Patients and Families Compensation Fund Legal Reform Wisconsin Supreme Court The NFIB Small Business Legal Center filed an amicus brief in support of Wisconsins civil damages cap. NFIB Legal Center has long supported reasonable damages cap to control runaway verdicts and restrain rising insurance costs. Status: DECIDED. Amicus brief filed 1/17/18. Court upheld the cap. Mbogo v. City of Dallas Property Rights Texas Supreme Court The NFIB Small Business Legal Center filed an amicus brief urging the Texas Supreme Court to take this case to overturn a decision from the 1970s that denied landowners constitutional protection against regulatory restrictions requiring closure of an established business. The brief argued that non-noxious uses should be guaranteed constitutional protections once established. Status: PENDING. Amicus brief filed 10/15/18. McDonalds Labor National Labor Relations Board The NFIB Small Business Legal Center joined with other business groups in an amicus letter that asked the Board to issue a broad decision that will discourage future unfounded recusal motions. Status: PENDING. Amicus letter filed 8/27/18. Monsanto v. OEHHA Legal Reform California Supreme Court NFIB Small Business Legal Center submitted a letter brief and urged the California Supreme Court to take this case to consider whether it is constitutional for state law to permit an unelected and unaccountable entity to impose regulatory standards on manufacturers, distributors and other businesses under Proposition 65. The Letter brief emphasized that this violates Californias non-delegation doctrine and that small businesses cannot afford to defend Proposition 65 claims. Status: DECIDED. Letter brief filed 7/17/18. Court denied review. Nevada v. Department of Labor (Chipotle) Labor & Employment U.S. Court of Appeals for the Fifth Circuit In an overtime case involving defendant Chipotle, NFIB Small Business Legal Center argued that the district courts order regarding the Obama overtime rule blocked the overtime rule from taking effect nationwide, and any suggestion to the contrary is meritless. Status: PENDING. Amicus brief filed 7/13/18. PA Restaurant and Lodging Association v. City of Pittsburgh Labor & Employment Pennsylvania Supreme Court The NFIB Small Business Legal Center filed an amicus brief urging the Pennsylvania Supreme Court to affirm a decision from the Pennsylvania Commonwealth Court that Pennsylvania law prohibits municipalities from regulating the employer-employee relationship. Status: PENDING. Amicus brief filed 3/15/18. Pacetta v. Ponce Inlet Property Rights U.S. Supreme court Petition for Certiorari The NFIB Legal Center filed in this case asking the U.S. Supreme Court to bring clarity and more workable rules to the regulatory takings doctrine. Specifically, the brief argued that the court should take this case to make clear that a landowner may be entitled to just compensation if they can demonstrate either serious economic loss, frustration of reasonable investment backed expectations, or bad faith conduct on the part of the government. Status: DECIDED. Amicus brief filed 7/25/18. Court denied review. Quisenberry v. Borgwarner Morse Tec, Inc. Legal Reform Virginia Supreme Court The NFIB Legal Center filed an amicus brief arguing that employers should not be liable for take-home asbestos exposure to non-employees. Status: PENDING. Amicus brief filed 2/23/18. Razak v. Uber Labor and Employment U.S. Court of Appeals for the Third Circuit The NFIB Small Business Legal Center filed an amicus brief to support affirmance of the district courts decision in this Uber independent contractor misclassification case. The district court granted Ubers motion for summary judgment and held that the plaintiffs (three individuals who provided transportation services using the UberBLACK app) were properly classified as independent contractors. That decision is important for all entities that utilize independent contractors, and particularly for those in the "gig" economy. Status: PENDING. Amicus brief filed 10/1/18. Robertson v. United States Regulatory Reform U.S. Supreme Court Petition for Certiorari The NFIB Small Business Legal Center filed an amicus brief urging the U.S. Supreme Court to grant certiorari in this case on the view that the existing definition of "waters of the United States", as set forth in the Clean Water Act and existing regulation, is unconstitutionally void for vagueness. The brief argues that the "nexus test", as set forth by Justice Kennedys opinion in Rapanos v. United States, provides no meaningful direction for landowners seeking to determine whether their property is subject to CWA jurisdiction. Status: PENDING. Amicus brief filed 12/10/18. |
| SUMMARY OF LEGAL CASES FOR 2018 (CONT.) | Rosenbach v. Six Flags Legal Reform Illinois Supreme Court The NFIB Small Business Legal Center filed a brief in a case that will address what the necessary level of harm should be to bring a lawsuit under the Biometric Privacy Act, which requires a company that collects or shares biometric information to provide notice to and get consent from the data subject. BIPA creates a private right of action for any party "aggrieved by a violation" of the statute. Status: DECIDED. Amicus brief filed 9/25/18. Court ruled for plaintiff. Roverno v. John Crane Legal Reform Pennsylvania Supreme Court The NFIB Small Business Legal Center joined with other business groups and asked the court to follow the letter of the law in the Fair Share Act and "apportion liability on a percentage basis as opposed to a per capita basis" in the strict liability asbestos case of Roverano v. Crane, Inc. Status: PENDING. Amicus brief filed 11/16/18. Sabal Trail v. 3.92 Acres Property Rights U.S. Court of Appeals for the Eleventh Circuit The NFIB Small Business Legal Center filed a brief on the issue of whether a utility company condemning private property pursuant to a federal enactment is obliged to pay full compensation that would be required by state law or whether the compensation award is limited to what would be authorized under the Fifth Amendment. Status: PENDING. Amicus brief filed 10/30/18. Salt River Project v. Tesla - Antitrust U.S. Supreme Court Tesla d/b/a SolarCity, which makes, sells, and installs solar panels, sued the Arizona power district in federal court and alleged that the district (which is the only supplier of traditional electric power in the area) had changed its rates to put SolarCity at a disadvantage specifically, by imposing a large penalty on customers who get power from their own systems. That change, SolarCity contends, led to a dramatic drop in orders for new solar-panel systems in the district. The power district moved to dismiss the case, arguing that it cannot be sued under federal antitrust law because Arizona law gives it the authority to set prices a doctrine known as "state-action immunity." The district court and court of appeals denied the motion. Status: DECIDED. Amicus brief filed 2/20/18. Oral argument set for 3/19/18. Case settled. State National Bank of Big Spring v. Mnuchin - Separation of Powers U.S. Supreme Court Petition for Certiorari The NFIB Small Business Legal Center challenged the constitutionality of the Consumer Financial Protection Bureau (CFPB). The CFPB is a regulatory agency that has used its enormous, unchecked power to restrict and drive up the cost of financial products like mortgages and credit. The lawsuit argued that the structure of the CFPB violates the Constitution's separation of powers because the agency is insulated against meaningful checks by the legislative, executive, and judicial branches of government. Status: DECIDED. Amicus brief filed 10/10/18. Court denied review. St. Bernard Parish v. Army Corps of Engineers Property Rights U.S. Supreme Court Petition for Certiorari In this case small business landowners sought just compensation for flooding damages caused-or at least exacerbated-by a federal public works project. The NFIB Small Business Legal Center joined as amicus and argued that the government should pay just compensation under the Fifth Amendment to the extent the owners can prove that they suffered damage as a result of a government induced (or exacerbated) flooding event. Status: DECIDED. Amicus brief in support of Petition for Certiorari filed 10/18/18. Court denied review. Torres v. BNSF Ry. Co Legal Reform New Mexico Court of Appeals The NFIB Small Business Legal Center filed an amicus brief arguing that employers should not be liable for take-home asbestos exposure to non-employees. Status: PENDING. Amicus brief filed 2/12/18. UPS v. NLRB - Labor U.S. Court of Appeals for the District of Columbia Circuit The NFIB Small Business Legal Center joined with other business groups in UPS as-applied challenge to the Boards ambush election rule. The employer has argued that the rules violate the Administrative Procedure Act. Status: PENDING. Amicus brief filed 10/23/18. Velox Express, Inc. Labor National Labor Relations Board The Board will address under what circumstances, if any, the Board should deem an employers act of misclassifying statutory employees as independent contractors a violation of Section 8(a)(1) of the National Labor Relations Act. The NFIB Small Business Legal Centers brief argued that the Administrative Law Judges novel theory of liability-that an employers mistaken employee classification is a per se unfair labor practice-represents an unwarranted expansion of the NLRBs jurisdiction over non-coercive conduct that Congress never intended the NLRA to reach. Status: PENDING. Amicus brief filed 5/1/18. Violet Docks v. St. Bernard Port Authority Property Rights U.S. Supreme Court Petition for Certiorari Invoking the power of eminent domain, the St. Bernard Port Authority sought to take private docking facilities-owned and operated by an independent business-to give to a competitor. NFIB Small Business Legal Center filed an amicus brief and argued that both the federal and Louisiana Constitution prohibit the taking of private property for purely anti-competitive purposes. Status: DECIDED. Amicus brief filed 7/11/18. Court denied review. Weaver v. City of Everett Employment Washington Supreme Court request for review The NFIB Small Business Legal Center filed a brief in this workers compensation matter and argued that the doctrines of collateral estoppel and res judicata apply in administrative proceedings. A court of appeals held there was no estoppel from a prior proceeding. Status: DECIDED. Amicus brief filed 10/9/18. Court granted review. Wal-Mart v. Forfar Legal Reform Colorado Supreme Court The case concerns the states collateral source rule and whether it applies to Medicare benefits and reduces plaintiffs jury award if he/she had medical bills paid by Medicare. The plaintiff Forfar, a Medicare beneficiary, slipped and fell at a Wal-Mart store and sued. Before trial, Wal-Mart moved to exclude evidence of Forfars medical expenses owed under agreements he had with his medical providers. Forfar moved in limine to exclude evidence that he had received Medicare benefits. On appeal, the NFIB Small Business Legal Center filed a brief arguing that medical expenses paid by a third party should be excluded from evidence of damages. Status: PENDING. Amicus brief filed 10/5/18. Weyerhauser v. U.S. Fish & Wildlife Service Regulatory Reform U.S. Supreme Court The NFIB Small Business Legal Center filed an amicus brief arguing landowners should be allowed to seek judicial review to challenge U.S. Fish & Wildlife Services critical habitat designations affecting their lands-including the right to challenge whether the agency has seriously considered economic impacts. Status: DECIDED. Amicus brief filed 4/30/18. Court ruled for petitioners/landowners. |
| SUMMARY OF LEGAL CASES FOR 2018 (CONT.) | Williams v. City of Philadelphia Tax Pennsylvania Supreme Court The NFIB Small Business Legal Center filed an amicus brief arguing that the City of Philadelphia violated state law in imposing a municipal tax on distributors selling soda because this amounts to double sales tax. Status: DECIDED. Amicus brief filed 3/12/18. Court upheld tax on 7/18/18. Yovino v. Rizzo Employment U.S. Supreme Court Petition for Certiorari The NFIB Small Business Legal Center filed a brief that argued that the Equal Pay Act permits employers to pay men and women different wages for the same work "where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex," 29 U.S.C. 206(d)(1) where a prior salary is a "factor other than sex." Status: PENDING. Amicus brief filed 10/4/18. |
| FORM 990 PROVIDED TO GOVERNING BODY | PART VI, SECTION B: POLICIES, LINE 11 FOLLOWING AN INDEPENDENT AUDIT OF ITS FINANCIAL STATEMENTS, A DRAFT OF NFIB SMALL BUSINESS LEGAL CENTER'S FORM 990 IS PREPARED. THIS FORM 990 IS REVIEWED INTERNALLY BY NFIB'S TAX ACCOUNTANT, CONTROLLER/TREASURER, AND CFO. 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. |
| WRITTEN CONFLICT OF INTEREST POLICY | PART VI, SECTION B: POLICIES, LINE 12 EVERY BOARD MEMBER, OFFICER, AND KEY EMPLOYEE OF NFIB SMALL BUSINESS LEGAL CENTER IS REQUIRED TO DISCLOSE ANY ACTUAL OR POTENTIAL CONFLICTS OF INTEREST ON AN ANNUAL BASIS. |
| PROCESS OF DETERMINING COMPENSATION FOR OFFICERS | PART VI, SECTION B: POLICIES, LINE 15 The executive committee of the board of directors of NFIB IS RESPONSIBLE FOR RECOMMENDING THE COMPENSATION FOR THE President, SECRETARY, ASSISTANT SECRETARY, CFO, AND TREASURER. THEIR COMPENSATION IS THEN FORMALLY APPROVED BY THE NFIB BOARD OF DIRECTORS. THE EXECUTIVE DIRECTOR'S COMPENSATION IS REVIEWED AND SET BY THE President. IN OCTOBER 2018, AN OUTSIDE COMPENSATION CONSULTING FIRM WAS ENGAGED TO PROVIDE EXPERT ANALYSES REGARDING THE REASONABLENESS OF THE TOTAL COMPENSATION PACKAGE FOR THE EXECUTIVES OF NFIB AND ITS AFFILIATED ORGANIZATIONS. THE 2018-2019 RESULTS ALONG WITH AN IRC 4958 OPINION LETTER WERE PROVIDED TO THE CHAIR OF THE EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS. THE COMMITTEE RELIES ON THIS INDEPENDENT REVIEW TO ENSURE THAT REASONABLE COMPENSATION IS PAID TO THE President, SECRETARY, ASSISTANT SECRETARY, CFO, AND TREASURER. THE COMMITTEE'S PHILOSOPHY IS TO ENSURE THAT THE COMPENSATION FOR THESE POSITIONS, RELATIVE TO MARKET COMPARISONS, IS COMPETITIVE IN ORDER TO ATTRACT, RETAIN AND MOTIVATE QUALIFIED EMPLOYEES WHILE NOT BEING AT THE TOP OF THE RANGE. THE COMMITTEE SETS THE COMPENSATION FOR THE President, SECRETARY, ASSISTANT SECRETARY, CFO, AND TREASURER EACH YEAR DURING THEIR MEETING WHICH IS TYPICALLY HELD IN FEBRUARY. MINUTES FROM THESE ANNUAL MEETINGS ARE TAKEN BY THE CORPORATE SECRETARY DURING THE MEETING. WHEN THE MINUTES ARE REVIEWED AND APPROVED, THEY ARE RETAINED WITH ALL OTHER CORPORATE RECORDS. |
| DOCUMENTS AVAILABLE TO THE PUBLIC | PART VI, SECTION C: DISCLOSURE, LINE 19 IT IS NFIB SMALL BUSINESS LEGAL CENTER'S ("THE CENTER") POLICY TO MAKE AVAILABLE FOR PUBLIC INSPECTION, UPON REQUEST, EITHER WRITTEN OR IN PERSON, ITS EXEMPTION APPLICATION, SUPPORTING DOCUMENTS AND ANY LETTER OR DOCUMENT ISSUED BY THE IRS CONCERNING THE APPLICATION. THE CENTER ALSO MAKES AVAILABLE FOR PUBLIC INSPECTION AND COPYING, UPON REQUEST, EITHER WRITTEN OR IN PERSON, ITS FEDERAL FORM 990, RETURN OF ORGANIZATION EXEMPT FROM INCOME TAX. THE FORM 990 IS AVAILABLE FOR A THREE-YEAR PERIOD BEGINNING WITH THE DUE DATE OF THE RETURN (INCLUDING ANY EXTENSION OF TIME FOR FILING). THE CENTER'S CONFLICT OF INTEREST POLICY IS ALSO AVAILABLE TO THE PUBLIC UPON REQUEST, EITHER WRITTEN OR IN PERSON. |
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