Attach to Form 990 or Form 990-EZ.
Go to
www.irs.gov/Form990 for instructions and 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) 2015 | (b) 2016 | (c) 2017 | (d) 2018 | (e) 2019 | (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) 2015 | (b) 2016 | (c) 2017 | (d) 2018 | (e) 2019 | (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) 2015 | (b) 2016 | (c) 2017 | (d) 2018 | (e) 2019 | (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) 2015 | (b) 2016 | (c) 2017 | (d) 2018 | (e) 2019 | (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) |
||||
| 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 |
||
| 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 |
||
| 9 Distributable amount for 2019 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-2019 |
(iii) Distributable Amount for 2019 |
|
|---|---|---|---|---|
| 1 Distributable amount for 2019 from Section C, line 6 | ||||
|
2
Underdistributions, if any, for years prior to 2019 (reasonable cause required-- explain in Part VI). See instructions. |
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| 3 Excess distributions carryover, if any, to 2019: | ||||
| a From 2014....... | ||||
| b From 2015....... | ||||
| c From 2016....... | ||||
| d From 2017....... | ||||
| e From 2018....... | ||||
| fTotal of lines 3a through e | ||||
| g Applied to underdistributions of prior years | ||||
| h Applied to 2019 distributable amount | ||||
|
i
Carryover from 2014 not applied (see instructions) |
||||
| j Remainder. Subtract lines 3g, 3h, and 3i from 3f. | ||||
| 4Distributions for 2019 from Section D, line 7: | ||||
| $ | ||||
| a Applied to underdistributions of prior years | ||||
| b Applied to 2019 distributable amount | ||||
| c Remainder. Subtract lines 4a and 4b from 4. | ||||
|
5
Remaining underdistributions for years prior to 2019, 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 2019. 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 2020. Add lines 3j and 4c. |
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| 8 Breakdown of line 7: | ||||
| a Excess from 2015..... | ||||
| b Excess from 2016..... | ||||
| c Excess from 2017..... | ||||
| d Excess from 2018..... | ||||
| e Excess from 2019..... | ||||
| 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 2019, 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 2019, THE NFIB SMALL BUSINESS LEGAL CENTER USED THE SERVICES OF SIX PRO BONO ATTORNEYS IN WRITING, REVIEWING, AND/OR EDITING AMICUS BRIEFS FOR THE CENTER. |
| SUMMARY OF LEGAL CASES FOR 2019 | NFIB Small Business Legal Center (Legal Center) Allen v. IAM - Employment U.S. Supreme Court - Cert. Petition This case concerned a provision of the Wisconsin Right to Work Law, which guarantees that an employee may withdraw from a union and immediately seek to discontinue union dues payments. After the Seventh Circuit held that this provision was prohibited by the National Labor Relations Act, NFIB Small Business Legal Center filed a brief urging the U.S. Supreme Court to take the case. Status: PENDING. Amicus brief filed 2/4/19. American Association of Railroads - Regulatory Fifth Circuit NFIB Small Business Legal Center filed in this case, arguing that the Constitution prohibits Congress from delegating regulatory powers to a public corporation that competes with private enterprise. Status: PENDING. Amicus brief filed 2/27/19. American Stewards of Liberty v. DOI - Federalism NFIB Small Business Legal Center filed in this case, arguing that the Commerce Clause of the U.S. Constitution prohibits the federal government from regulating purely intrastate species under the Endangered Species Act. Status: PENDING. Amicus brief filed 9/20/19. Arizona v. California - Tax U.S. Supreme Court - Cert. Petition The State of Arizona filed this lawsuit to prevent California from imposing tax liability on out-of-state businesses receiving passive income from companies operating in California. NFIB Small Business Legal Center joined in urging the U.S. Supreme Court to take this case to make clear that this form of extraterritorial taxation is unconstitutional. Status: DECIDED for California. Amicus brief filed 5/3/19. Baldwin v. United States - Regulatory Reform U.S. Supreme Court - Cert. Petition NFIB Small Business Legal Center joined in supporting this petition for certiorari urging the Supreme Court to reconsider its decision in National Cable & Telecommunications v. Brand X-a decision that requires federal courts to defer to federal agencies even in cases where a court of appeal has already given a contrary interpretation of the statute in question. Here IRS maintains that it is entitled to deference on a question of statutory construction that will result in denial of a very substantial tax refund. Status: DECIDED. Certiorari denied. Amicus brief filed 10/23/19. |
| SUMMARY OF LEGAL CASES FOR 2019 (CONT.) | Bierman v. Dayton - Regulatory U.S. Supreme Court - Cert. Petition In this case, NFIB Small Business Legal Center argued that the First Amendment prohibits state enactments compelling private businesses and employees to associate with a labor union-even if they are not obliged to pay union dues. Status: PENDING. Amicus brief filed 1/16/19. BCI Coca-Cola v. Josue - Employment Hawaii Supreme Court The plaintiff in this lawsuit argued that her employer was required to preserve her job indefinitely while she was injured on the job. NFIB Small Business Legal Center filed an amicus brief arguing that employers should only be required to provide reasonable accommodations and that they should be allowed to replace an employee (even when out on workers compensation) if there are pressing business justifications. Status: PENDING. Amicus brief filed 2/20/19. Busch v. McInnis Waste - Legal Reform Oregon Supreme Court NFIB Small Business Legal Center filed in this case to defend a legislatively enacted cap on damages. This is one of several such cases that the Legal Center has filed in across the country in recent years. Status: PENDING. Amicus brief filed 10/10/19. Cherk v. Marin County - Property Rights U.S. Supreme Court - Cert. Petition The Supreme Court holds that government must justify fees imposed on building permits under a demanding test; however, numerous courts have ruled that these rules do not apply when such fees are imposed by a legislative enactment. In this case NFIB Small Business Legal Center joined with Southeastern Legal Foundation in urging the U.S. Supreme Court to grant certiorari to make clear that legislatively imposed exactions are subject to the same rigorous standards as exactions imposed at the discretion of government bureaucrats. Status: PENDING. Amicus brief filed 7/12/19. . |
| SUMMARY OF LEGAL CASES FOR 2019 (CONT.) | CTIA v. City of Berkeley - Commercial Speech U.S. Supreme Court - Cert. Petition NFIB Small Business Legal Center filed in support of this petition for certiorari, arguing that the Supreme Court should clarify what evidence the State must present to justify compelled disclosures about products or services under the First Amendment. Status: PENDING. Amicus brief filed 10/31/19. County of Maui v. Hawaii Wildlife Fund - Regulatory U.S. Supreme Court NFIB Small Business Legal Center filed an amicus brief in this case emphasizing that the Clean Water Act should be interpreted narrowly to protect federalism. The brief argued that a permit is not required for the discharge of pollutants if there is no surface connection to navigable waters. Status: PENDING. Amicus brief filed 5/16/19. Comcast v. National Association of African-American Owned Media - Civil Rights U.S. Supreme Court The Court will decide whether Comcast may be sued for race discrimination over its decision not to carry programming from an entertainment company owned by Byron Allen, an African-American entrepreneur. The U.S. Court of Appeals for the Ninth Circuit ruled that the case could move forward under 42 U.S.C. 1981, which gives "all persons" the same right to "make and enforce contracts" as "is enjoyed by white citizens." Status: DECIDED for Comcast. Amicus brief filed 8/15/19. Dana Holding Co. v. WC Appeal Board - Employment Pennsylvania Supreme Court NFIB Small Business Legal Center filed a brief arguing that the PA Supreme Court's decision in Protz v. WC Appeal Board (affecting workers compensation rates) should not be applied retroactively. Status: PENDING. Amicus brief filed 7/23/19. Domino's v. Robles - Regulatory U.S. Supreme Court - cert petition NFIB Small Business Legal Center's brief asks the court to consider whether Title III of the Americans with Disabilities Act requires a website or mobile-phone application that offers goods or services to the public to satisfy discrete accessibility requirements with respect to individuals with disabilities. Status: DECIDED. Certiorari denied. Amicus brief filed 7/16/19. Edelman v. New York - Tax U.S. Supreme Court - Cet. Petition In Comptroller of Maryland v. Wynne, the Supreme Court ruled that states must provide credits for taxes imposed on income for which a taxpayer has already paid taxes to another jurisdiction. Nonetheless, several lower court cases have refused to apply this principal and have allowed double-taxation schemes to persist. NFIB Small Business Legal Center has urged the Supreme Court to take this case to reinforce its prior ruling. Status: DECIDED. Certiorari denied. Amicus brief filed 7/24/19. ESI/Employee Solutions LP v. City of Dallas - Employment Eastern District of Texas NFIB joined with other trade associations in a filing urging a federal district judge to enjoin enforcement of a Dallas ordinance imposing paid sick leave requirements on employers. The brief argued that Texas law preempts this sort of regulation. Status: PENDING. Amicus brief filed 8/22/19. ESI/Employee Solutions, LP v. City of Dallas Food Marketing Institute v. Argus Leader - Employment U.S. Supreme Court The Freedom of Information Act generally requires the federal government to release requested information; however, it prohibits disclosure of confidential business information. Nonetheless, in this lawsuit a newspaper sought release of confidential business information-arguing that information collected on a business (or reported by a business) should not be deemed confidential unless its release would put the company at a competitive disadvantage in the market. NFIB Small Business Legal Center filed an amicus brief arguing that information about a business should be protected against release if the business would treat that information confidential. Status: Amicus brief filed 2/22/19. DECIDED 6/24/19. General Motors v. Robinson - Labor National Labor Relations Board The National Labor Relations Board requested public comment on when insubordinate, threatening, or intimidating behavior should not constitute protected activity under Section 7 of the National Labor Relations Act (NLRA). NFIB's brief argued that the employee's obscene language crossed a line and allowed imposition of discipline without exposing the employer to liability for an unfair labor practice under the NLRA. Status: Amicus brief filed 9/20/19. |
| SUMMARY OF LEGAL CASES FOR 2019 (CONT.) | Gregg v. Ameriprise - Legal Reform Pennsylvania Supreme Court The court will decide whether strict liability applies to UTPCPL claims despite the statute's express requirement that deceptive conduct be proven. Status: Amicus brief filed 2/22/19. DECIDED 6/24/19. HEI v. Rome - Regulatory Colorado Court of Appeals In this case a Colorado court ruled that state securities laws prohibit businesses from commonplace arrangements among business partners. NFIB Small Business Legal Center filed a brief arguing that securities laws should not affect ordinary partnership agreements wherein some partners may bring skills and expertise to the table and the others bring financing. Status: PENDING. Amicus brief filed 2/26/19. Home Depot v. OSH Appeals Board - Employment California Court of Appeal NFIB Small Business Legal Center filed in this case arguing that OSH Act standards do not require employees to wear steel toe boots when working in a warehouse. Status: PENDING. Amicus brief filed 3/4/19. Fort Bend Co. v. Davis - Employment U.S. Supreme Court The question presented in this case was whether a litigant must first file a complaint with the Equal Employment Opportunity Commission before bringing a Title VII lawsuit against an employer. NFIB Small Business Legal Center argued that this is a jurisdictional requirement for any Title VII lawsuit, and that there could be no waivers. Status: Amicus brief filed 3/4/19. DECIDED 6/2/19. In re: Twelve Grand Jury Subpoenas v. United States - Criminal Procedure U.S. Supreme Court - Cert. Petition In the 1980s, the Supreme Court ruled business owners could not invoke the Fifth Amendment right against self-incrimination when faced with a subpoena issued against them in their role as a custodian of records for an incorporated business. NFIB Small Business Legal Center now argues in this case that the time has come for the Supreme Court to reconsider this issue and that subsequent cases have eroded the foundation on which the Supreme Court's original decision stands. Status: DECIDED. Certiorari denied. Amicus brief filed 5/9/19. Johnson v. Serenity - Employment Ninth Circuit This case concerned a California enactment that imposes joint-employer liability on companies that hire a service provider to ensure that all wages are paid. NFIB Small Business Legal Center filed a brief in this case arguing that this is not an open-ended liability and that a company cannot be held liable for "waiting time" during which a service providers employees are waiting to be called out to service the needs of any number of customers. Status: PENDING. Amicus brief filed 7/30/19. Juliana v. United States - Regulatory Ninth Circuit Environmental activists brought this lawsuit in an Oregon federal district court arguing that nuisance doctrine requires the federal government to aggressively regulate greenhouse gas emissions. NFIB Small Business Legal Center filed an amicus brief arguing that these claims are barred by settled Supreme Court precedent. Status: PENDING. Amicus brief filed 2/7/19. Lewis v. Governor of Alabama - Employment Fifth Circuit NFIB Small Business Legal Center filed an amicus brief defending Alabama law that preempts municipal minimum wage ordinances. The Legal Center argued that there is no equal protection problem with these enactments. Status: PENDING. Amicus brief filed 4/24/19. Kisor v. Wilkie - Regulatory U.S. Supreme Court In this case a Vietnam veteran sought benefits but was denied because the Veterans Administration interpreted its own ambiguous regulations expediently to deny coverage. NFIB Small Business Legal Center filed an amicus brief arguing that courts should not defer to an agency's interpretation of its own ambiguous regulations and that a rule denying deference would encourage agencies to write more clear rules. Status: Amicus brief filed 1/31/19. DECIDED 6/26/19. |
| SUMMARY OF LEGAL CASES FOR 2019 (CONT.) | Lawson v. GrubHub - Employment U.S. Court of Appeals for the Ninth Circuit NFIB Small Business Legal Center filed a brief in support of defendant arguing that the California Supreme Court's 2018 decision in Dynamex, wherein the court adopted the ABC test for determining independent contractor classification, should not apply retroactively. Status: PENDING. Amicus brief filed 1/16/19. Like v. Transcontinental Gas Pipeline Co. - Property Rights U.S. Supreme Court - Cert. Petition The Natural Gas Act authorizes public utilities to condemn private property through eminent domain procedures when constructing gas lines; however, it does not authorize entry on the property until after just compensation has been paid. Nonetheless, the district court issued an injunction allowing immediate entry on the properties in question. NFIB Small Business Legal Center joined with other concerned groups in urging the Supreme Court to take this case to protect the rights of landowners. Status: PENDING. Amicus brief filed 4/8/19. Lindenberg v. National Life Insurance - Legal Reform Sixth Circuit - Petition for rehearing en banc The Sixth Circuit issued a decision holding that Tennessee's constitutional cap on non-economic damages is unconstitutional under the Tennessee Constitution's guarantee to a jury trial. NFIB Small Business Legal Center filed an amicus brief urging the Sixth circuit to rehear and reverse this decision en banc. Status: PENDING. Amicus brief filed 1/14/19. Love Terminal Partners v. United States - Property Rights U.S. Supreme Court An enactment by Congress required destruction of a brand-new facility (an airport terminal), and the federal government refused to pay compensation. As such, the company filed suit seeking just compensation and NFIB Small Business Legal Center filed a brief urging the U.S. Supreme Court to grant certiorari to provide clarity as to how courts should evaluate regulatory takings claims of this sort. Status: DECIDED. Certiorari denied. Amicus brief filed 3/15/19. McClay v. Airport Management Services, Inc. - Legal Reform Tennessee Supreme Court Plaintiff, who was injured in the Nashville airport when a panel from a drink cooler in the Hudson News store fell, and struck the back of her foot, was awarded $444,500 for future medical expenses and $930,000 for noneconomic damages. The defendant asked the federal district court to apply the cap. In response, the plaintiff challenged the constitutionality of the limit. The district court then certified the issue to the Tennessee Supreme Court. Status: PENDING. Amicus brief filed 7/9/19. Monero v. Visser - Legal Reform California Supreme Court NFIB Small Business Legal Center urged the California Supreme Court to review a decision from the California Court of Appeal holding that employers are vicariously liable for an employee's accident even if it occurred during off-hours and while driving for personal reasons. The Court below had held that the employer may be held liable since the employee was on-call and required to drive a company vehicle. Status: PENDING. Amicus brief filed 2/1/19. Murray v. American LaFrance LLC - Legal Reform Pennsylvania Superior Court NFIB Small Business Legal Center joined business groups in an amicus filing that challenges plaintiff's blatant forum shopping, a practice that burdens Pennsylvania - and especially Philadelphia - courts with cases having nothing to do with the Commonwealth. The brief argues that non-Pennsylvania plaintiffs suing non-Pennsylvania defendants over non-Pennsylvania facts overtax Pennsylvania's courts and unfairly burden Pennsylvania jurors. Status: PENDING. Amicus brief filed 3/4/19. Nall v. BNSF Railway Co. - Regulatory 5th Circuit - Petition for rehearing en banc NFIB Small Business Legal Center filed an amicus brief urging the Fifth Circuit to rehear this Americans with Disabilities Act case in which an employer was sued for alleged disability discrimination where it terminated an employee over cited safety concerns. Status: PENDING. Amicus brief filed 1/31/19. National Women's Law Center v. Office of Management and Budget - Employment U.S. District Court for D.C. NFIB Small Business Legal Center joined with other industry groups in urging the court not to impose unreasonable deadlines on employers to comply with burdensome EEO 1 reporting requirements. Status: PENDING. Amicus brief filed 4/3/19. Taylor v. Burlington Northern - Employment Washington Supreme Court NFIB Small Business Legal Center joined with other business groups to argue that the state's disability law does not provide for obesity as a qualified disability. Status: PENDING. Amicus brief filed 1/14/19. |
| SUMMARY OF LEGAL CASES FOR 2019 (CONT.) | Trabue v. Argus - Legal Reform Georgia Supreme Court At issue is an Act of the Georgia General Assembly from 2005, which generally abolished joint-and-several liability, and now requires apportionment of damages between tortfeasors. The Court of Appeal concluded that apportionment was inappropriate in this case because the defendant company was sued on a vicarious liability theory. Status: PENDING. Amicus brief filed 7/11/19. Selia Law LLC v. Consumer Financial Protection Bureau (CFPB) - Regulatory Reform U.S. Supreme Court - Cert. Petition NFIB Small Business Legal Center joined Southeastern Legal Foundation in urging the Supreme Court to take-up this case challenging CFPB's structure. CFPB is the only independent agency with a single agency director, unaccountable to the President. By contrast, all other independent agencies are governed by a board. Status: PENDING. Amicus brief filed 7/29/19. Smyth v. Conservation Commission of Falmouth - Property Rights U.S. Supreme Court - Cert. Petition NFIB Small Business Legal Center filed in this case, urging the U.S. Supreme Court to provide better guidance as to how lower courts should review regulatory takings claims. The amicus brief argues that the test pronounced in Penn Central Transportation Co. v. New York needs clarification, especially on the question of how courts should address the economic impact of regulation. Status: PENDING. Amicus brief filed 9/18/19. Soundboard Association v. FTC - Regulatory Reform U.S. Supreme Court - Cert. Petition NFIB Small Business Legal Center filed an amicus brief urging the U.S. Supreme Court to grant certiorari in this case because there is a pressing need for clarity as to whether and when a business may contest agency action under the Administrative Procedure Act where faced with a threatening letter or guidance stating unequivocally that a business practice is illegal. Status: DECIDED. Certiorari denied. Amicus brief filed 1/7/19. State of NY v. Department of Labor - Employment DC Circuit NFIB Small Business Legal Center filed in this case to defend the Trump Administration's actions authorizing association health plans for small businesses. Status: PENDING. Amicus brief filed 6/7/19. Vasquez v. Jan Pro Franchising - Employment Ninth Circuit In 2018 the California Supreme Court issued a decision affecting businesses working with independent contractors in Dynamex v. Superior Court. Since then litigants have disputed whether the newly pronounced ABC test in Dynamex should apply retroactively to businesses that had operated in good faith under the old standard. NFIB Small Business Legal Center filed an amicus brief urging the Ninth Circuit rule that the ABC test could only be applied retroactively. Status: PENDING. Amicus brief filed 6/7/19. Vasquez v. Jan Pro Franchising - Employment California Supreme Court NFIB Small Business Legal Center submitted a letter brief to the California Supreme Court urging the Court take-up a certified question from the Ninth Circuit. The question submitted for review is whether the Dynamex ABC test should apply retroactively to businesses that acted in good faith under the old independent contracting rules. Status: PENDING. Amicus brief filed 10/15/19. Walsh v. BASF Corp. - Legal Reform Pennsylvania Supreme Court In this wrongful-death suit against multiple pesticide manufacturers including BASF Corp., Pennsylvania's highest court will decide whether the lower court committed reversible error in concluding that, when evaluating scientific evidence under the Frye standard, trial courts are not permitted to act as 'gatekeepers' to ensure the relevance and reliability of scientific studies offered by experts to support their opinions by scrutinizing whether those studies actually support their opinions. Status: PENDING. Amicus brief filed 5/14/19. Yanakos v. UPMC, University of Pittsburgh Physicians - Legal Reform Pennsylvania Supreme Court NFIB Small Business Legal Center joined with other industry groups in urging the Pennsylvania Supreme Court to reconsider a decision invalidating Pennsylvania's statute of repose that the Legislature enacted to limit medical malpractice liability. Status: PENDING. Amicus brief filed 11/15/19. Yebuah v. Center for Urological Treatment - Legal Reform Tennessee Court of Appeals NFIB Small Business Legal Center filed in this case to defend Tennessee's constitutional cap on non-monetary damages. This is one of several cases in which the Legal Center has engaged on this issue. Status: PENDING. Amicus brief filed 3/15/19. |
| FORM 990 REVIEW PROCESS | 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. COMPLIANCE WITH 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 RESULTS OF THE STUDY 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. |
| CHANGES IN NET ASSETS | FORM 990, PART XI, LINE 9 OTHER CHANGES IN NET ASSETS OR FUND BALANCES CASH TRANSFER FROM NFIB YOUNG ENTREPRENEUR FOUNDATION : $425,379 |
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