National Victories

NFIB: Winning Victories and Overcoming Challenges for Small Business


NFIB is the nation’s most powerful small business advocate and has won key victories thanks to the support from you and hundreds of thousands of other small business owners.  Below are a list of victories from our Legal Center and Federal Public Policy.

Legal Center Victories:

  • NFIB made the Top 10 list of “Amicus All Stars” with the U.S. Supreme Court in 2013.
  • SCOTUS Blog listed NFIB Small Business Legal Center as one of the top-ten most influential groups in terms of getting issues before the Supreme Court.
  • NFIB Legal Center filed 20 briefs in the U.S. Supreme Court in 2013, and 6 so far in 2014.
  • NFIB Legal Center filed is on pace to file in sixty cases for the second year in a row.
  • NFIB Legal Center has filed in 14 different states in the past year (July 2013 – July 2014) (CA, HI, LA, MO, CO, NY, OH, MS, IN, AZ, NJ, WA, TX, TN).
  • Sued and defeated NLRB, striking down pro-union “Notice Poster Rule”
  • Sued and defeated EPA, striking down burdensome greenhouse gas regulations that would have required costly permits for small businesses.
  • Joined in the lawsuit challenging President Obama’s recess appointments; helped secure a unanimous decision holding the President exceeded his powers.
  • U.S. Supreme Court sided with NFIB Legal Center’s position two-thirds of the time in its 2013-2014 term.

Won Court Challenges vs. Individual Healthcare Mandate

Major legal victory against the federal healthcare law NFIB’s Small Business Legal Center won in two separate federal court rooms.
The Supreme Court heard our case, NFIB v. Sebelius

Federal Public Policy Victories:

Reformed Taxes

  • Made the 2001 tax rates permanent for the majority of small business owners – tax rates for pass-through businesses would have increased to 36% and 39.6%
  • Maintained the 15% capital gains rate for those making less than $400,000 (individually filing) and $450,000 (filing jointly)
  • Increased Sec. 179, Small Business Expensing from $250,000 to $500,000. 
  • Stopped the Estate (Death) Tax rate from increasing to 55% while preventing the $5 million exemption from dropping to $1 million.
  • Obtained a new simplified deduction for home offices that allows business owners the option of taking a standard $1,500 deduction for expenses related to a home office
  • Increase the start-up deduction from $5,000 to $10,000 and increased the phase-out threshold to $60,000

Prevented Congress from Increasing the Minimum Wage

  • Stopped the U.S. Senate from increasing the federal minimum wage. S. 2223, needed 60 votes to pass and failed by a vote of 54 to 42.  The proposal would have raised the federal minimum wage from $7.25 to $10.10 by 2016 and permanently indexed it to inflation.

Reduced IRS Reporting Requirements

Repealed Harmful Provisions in Obamacare

  • NFIB repealed small business deductible limitations included in Obamacare.
  • Prevented mandatory federal expansion of small business insurance definition, avoiding further unnecessary premium increase for small and midsize.

Helped Elect 36 NFIB Members to Congress

Put the Brakes on the Administration

  • The Department of Labor has withdrawn a proposed rule limiting the work that children can do on farms.
  • The NLRB has abandoned an effort to make all private employers post a sign encouraging unionization.
  • The EPA backed off placing regulations on spilled milk similar to those of oil spills.



Small Business Relief from Federal Healthcare Law

  • NFIB was the only business organization to challenge the new healthcare law before the U.S. Supreme Court
  • New health insurance tax (HIT) would increase average family premiums by $500 per year and cost up to 250,000 jobs
  • The individual mandate provision would cost an individual an average of $5,046 per year

Healthcare Reform for Small Business

Small Business Tax Relief

  • Make permanent the Section 179, Small Business Expensing at $500K.
  • Fundamental tax reform that lowers tax rates and make the tax code simpler for small businesses to comply with
  • Give states more flexibility in their unemployment tax programs. Many are seeing increases in FUTA taxes from $21 to $63 per employee.
  • Repeal the Estate tax.

Kill Burdensome IRS, EPA, DOT, DOL, NLRB & OSHA Regs

  • There are 3,260 federal regulations in the pipeline, more than 250 of which directly impact small businesses.
  • Fighting new proposals on Private Property Rights, Cap and Trade and Livestock Taxes.
  • Fighting attempts to make it easier for workers to sue employers and the new business disclosure requirements.
  • Fighting to stop damaging changes to federal overtime rules.
  • Fighting to stop new joint employer standard, which changes contractor-subcontractor liability.
  • Fighting to prevent overregulation of retirement advice for small business owners.

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