What is the NFIB Small Business Legal Center?
The NFIB Small Business Legal Center is the voice for small business in the nation's courts and the legal resource for small-business owners nationwide. Simply, we litigate and educate for small business. The Legal Center is not a legal defense fund.
NFIB Small Business Legal Center as litigator
The Legal Center is the advocate for small business in the courts. We do what federal and state NFIB lobbyists do, but instead of lobbying legislators we lobby judges through briefs and oral arguments in court. We tell judges how the decision they make in a given case will impact small businesses nationwide. Importantly, we only initiate lawsuits and file amicus ("friend-of-the court") briefs in precedent-setting cases. That means we go to court only in those cases that will impact many small business owners.
NFIB Small Business Legal Center as educator
Recent estimates show that the thousands of pages of federal regulations alone cost Americans more than $1 trillion. With so many rules to keep track of, it's not surprising that many small business owners don't know or understand the laws that apply to them. That's where the Legal Center comes in. We have guidance documents that cover laws important to small businesses nationwide.
- The Federal Employment Law Handbook
- Helpful Tips for Hiring a Lawyer
- Small Business Guide to Handling OSHA Inspections
- Small Business Guide to Document Retention
- Model Employee Handbook for Small Business
- Wage and Hour Handbook for Small Business
- Employment Law Hotline
- Guide to Managing Unionization Efforts
NFIB Small Business Legal Center victories benefiting small business
Eminent Domain — The Legal Center helped secure a Superior Court of New Jersey victory for private-property owners in a case dealing with the state's interpretation of how properties can be deemed "blighted" and consequently ripe for eminent domain takings. To the delight of property owners, the Superior Court overruled the trial court's decision and held that the law only allows a property to be deemed blighted in narrow circumstances.
IRS Penalty Appeals — The Legal Center won a ruling in the U.S. Supreme Court that quashed a secretive Tax Court practice that made appealing Tax Court decisions virtually impossible for small businesses.
Mandated Health Insurance — The Legal Center helped overturn Maryland's so-called "Wal-Mart Law," which aimed at requiring employers with 10,000 or more employees to spend at least 8 percent of their payroll on health insurance for their employees. The law was simply laying the groundwork for the state to mandate insurance on all businesses, regardless of size.
Labor Unions — The Legal Center uphold a voter-passed Washington state law that prevents unions from using non-member dues for political purposes without each non-member's consent. The win ensures that the first amendment rights of non-member dues payers are upheld and their dues are not misused.
Workers' Compensation —The Legal Center helped convince the California state court system to reinstate its fair method of calculating an employer's liability when a worker with a preexisting injury is hurt on the job. The courts had started to use a new system that would have significantly increased workers' compensation costs for employers in that state.
Lawsuit Abuse —The Ohio Supreme Court delivered an important victory for small business owners when it ruled that the state's statute of repose, a law that prohibits tort claims to be filed after a 10-year period, is constitutional. The law prevents virtually limitless lawsuits on products that fail over time, regardless of their age.
U.S. Tax Court — The NFIB Small Business Legal Center won a ruling in the U.S. Supreme Court that quashed a secretive Tax Court practice that made appealing Tax Court decisions virtually impossible for small businesses.
Upholding Statutes of Limitation — The Legal Center helped the U.S. Supreme Court reach an important decision for small business owners that will spare employers from the burdensome task of defending themselves against an alleged discrimination claim that occurred years in the past. The Supreme Court respected the intent of the statute and has given both employers and employees a clear guideline to follow when dealing with Title VII claims.
OSHA — Thanks to the Legal Center, an independent review panel can once again consider the reasons that a small business might miss OSHA's 15-day deadline to appeal a citation.
IRS — The Legal Center helped overturn a U.S. Tax Court decision that would force small businesses to run through a confusing maze of tax calculations, as opposed to simply deducting certain annual expenses. The win helped ease the time-consuming tax-filing process for small businesses.
What you can do to help
In order for the NFIB Small Business Legal Center to enter more cases and develop more small-business legal tools, we need your help. The Legal Center is a 501(c)(3) public interest law firm charged with representing small business. Contributions are tax-deductible and can be made from personal or corporate accounts. To make a donation, please send checks, payable to NFIB Small Business Legal Center, to the following address:
NFIB Small Business Legal Center
1201 F Street, NW Suite 200
Washington, DC 20004
The Legal Center cannot offer legal advice but we can be a legal resource and help point you in the right direction to receive necessary legal help. If you have a question, a story of government abuse of small business, or a precedent-setting case, please give us a call. Our number is 1-800-552-NFIB.
