What it means: The NFIB Small Business Legal Center saw a victory in a lawsuit regarding project labor agreements in Oregon. Active cases involve IRS enforcement, mandatory workplace meetings, and class action lawsuits.

Our take: “Most small businesses do not have in-house legal teams at their disposal, nor do they have the resources to afford costly attorney fees. Frivolous class action lawsuits are already a nearly impossible financial undertaking for a small business owner,” said Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center.

Small businesses saw a victory in a recent lawsuit regarding project labor agreements in Oregon. The NFIB Small Business Legal Center is involved in numerous cases involving IRS enforcement, mandatory workplace meetings, and class action lawsuits. Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center also recently joined the Small Business Rundown podcast to discuss the ongoing beneficial ownership information lawsuit.

Project labor agreements challenge

An Oregon court blocked a pro-union executive order. NFIB, along with 16 Oregon contractors, filed a lawsuit that challenged an executive order requiring project labor agreements on state construction projects in Oregon.

The lawsuit argues that mandating union-only project labor agreements on state construction projects will deny small business contractors the opportunity to win these contracts and will increase costs for the taxpayers who fund them.

Commissioner of Internal Revenue v. Jennifer Zuch

NFIB joined an amicus brief at the United States Supreme Court concerning IRS enforcement proceedings and the seizure of taxpayer property. Small Businesses ask the U.S. Supreme Court to stop IRS “self-help” debt collection.

NFIB’s brief argues two main points:

• The IRS resorting to self-help ignores Congress’ demand for pre-levy determinations
• The IRS choosing not to impose a levy on the Respondent after it confiscated her tax refund overpayments does not moot her case.

Amazon.com Services, LLC v. National Labor Relations Board

NFIB joined an amicus brief at the U.S. Court of Appeals for the Eleventh Circuit. The case focuses on mandatory workplace meetings that discuss unionization. NFIB urges the U.S. Court of Appeals to uphold first amendment rights of small business owners to discuss their views on various issues, including unionization.

NFIB’s brief argues two main points:

• the NLRB’s decision misunderstands the U.S. Supreme Court’s rulings regarding unwilling listeners
• the NLRB’s decision regulates speech, not conduct, because enforcement depends on examination of the ideas communicated, not the action itself.

Labcorp v. Davis

NFIB filed an amicus brief at the United States Supreme Court asking whether class action lawsuits in federal courts can include individuals that have suffered no legal injury. The case concerns whether individuals who have suffered no injury may be included in such cases and NFIB asks the Supreme Court for clarity regarding class action lawsuits.

NFIB’s amicus brief argues three main points:

• The Ninth Circuit’s interpretation of Rule 23 is inconsistent with the constraints imposed by Article III of the Constitution and the Rules Enabling Act (REA)
• Including uninjured individuals in a class creates significant differences between the class representative and the class as a whole
• Including uninjured individuals in a class action imposes significant harm on defendants such as small businesses.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.