The NFIB Small Business Legal Center is the voice for small businesses in the nation’s courts and the legal resource for small business owners nationwide. In other words, we educate and litigate for small businesses. In the courts, we tell judges how their decision will impact small businesses nationwide. We initiate lawsuits and file amicus (“friend-of-the-court”) briefs in precedent-setting cases, meaning we only go to court in those cases that will impact many small business owners. The Legal Center also prepares educational materials to help small businesses understand the most vital issues affecting their business and offers a Support Line to help answer business-related questions and concerns.

While the Legal Center can provide legal guidance and help small businesses avoid lawsuits, we are not able to provide legal counsel or direct representation. Once someone has been threatened with a lawsuit or been sued, our ability to provide assistance is limited. We recommend not handling a lawsuit by yourself/without representation. When nonlawyers attempt to talk with opposing side lawyers in good faith, the opposing side lawyers can try to trick the nonlawyer or business owner into saying something that is damaging to the business owner’s defense. The NFIB Guide to Finding an Attorney provides tips and helpful links to help you find an attorney in every state.

The Beneficial Ownership Information (BOI) reporting requirement is currently suspended for domestic businesses and persons. No penalties or fines will be issued for failing to report BOI under the current regulations, nor are you obligated to pay fines for failing to report before the new ruling went into effect. More information can be found on the FinCEN website: Beneficial Ownership Information Reporting. NFIB has released a series of press releases following the suspension of the BOI reporting requirement, which include additional information on BOI and highlight NFIB’s efforts for a permanent repeal of the Corporate Transparency Act (CTA) and BOI reporting. NFIB is urging Congress to provide immediate and permanent relief to American-owned small businesses from unconstitutional and invasive BOI reporting requirements. While business owners are currently exempt from these reporting requirements and penalties, unless Congress repeals the mandate or codifies the Treasury rule into law, a new administration could switch it back on at any time. More on NFIB’s issue campaign urging lawmakers to immediately act can be found here: BOI Issue Campaign.

Unfortunately, credit card behemoths like Visa and Mastercard have enormous control over the marketplace. This is why NFIB is advocating for the Credit Card Competition Act. This law, if passed by Congress, would increase competition in the credit card marketplace. The NFIB Legal Center recently published our Credit Card Surcharge and Cash Discount Law Guide, which is all about credit card fees. The guide explains how some states have enacted laws that prohibit credit card companies and banks from collecting fees on the taxes or tip portions of a transaction.

Unfortunately, there has been no interest from SBA or Congress in forgiving EIDL loans. We advise small businesses who have difficulties with SBA loans to either 1) discuss with SBA their hardship payment plan; 2) work out an offer in compromise with SBA, where you make an agreed-upon bulk payment to settle the balance of the loan; or 3) consult with a bankruptcy lawyer and see what your options are.

The Small Business Administration (SBA) offers loans and assistance to help small businesses get the funding they need. The SBA offers loan programs, including their 7(a) loans, 504 loans, and microloans. The SBA does not make direct loans (other than in the case of a disaster), and instead partners with lenders to help increase small business access to loans. Loan eligibility is based on what a business does to receive income, ownership, and where the business operates. In most cases, businesses applying for an SBA loan must meet SBA size standards, be able to repay the loan, and have a sound business plan. The NFIB Legal Blog article on Financing Your Small Business provides additional information on SBA loans.

The Legal Center published an article on Understanding Music Licensing that provides guidance on staying compliant with copyright law. Music licensing is an intellectual property issue, so from the moment a musical work is created and fixed in a tangible form, like a recording, it is automatically protected by copyright law. This protection grants the creator exclusive rights to reproduce, distribute, and publicly perform the work, among other things. NFIB has worked over the years with Performing Rights Organizations to educate business owners and encourage the companies (who represent the artists) to provide businesses with the opportunity to get into compliance before imposing a charge.

The Federal Communications Commission (FCC) provides a comprehensive list of call blocking tools and resources for mobile devices, landlines, and third-party resources that are available to consumers: Call Blocking Tools and Resources. If your business uses an iPhone, Google Pixel, or Samsung, each smartphone has a call screening and blocking feature. You also have the option to register your business’s phone number with the National Do Not Call Registry. Telemarketers are forced to remove any registered numbers on the Do Not Call Registry from their call lists within 31 days. To report unwanted calls, use the Federal Trade Commission’s reporting form. If you are the victim of a phone scam, or if you have information about a scammer, you can report it at ReportFraud.ftc.gov.

The Annual Refiling Survey (ARS) is legitimate. It is a mandatory survey requested by your state and the U.S. Bureau of Labor Statistics to verify general business information and maintain accurate records. The Bureau of Labor Statistics provides information on their website regarding emails and methods of contact, which you can find here: ARS Web Emails. The ARS FAQ page is another helpful resource if you have any additional questions related to the ARS, its purpose, confidentiality, etc.

The Annual Business Survey (ABS) is legitimate and mandatory for businesses that have been selected for the survey in a given year. The ABS is conducted annually by the U.S. Census Bureau in partnership with the National Science Foundation to measure data on business characteristics, research and development, innovation, and technology. More information about the ABS can be found on the U.S. Census Bureau website as well as on the FAQ page.

The Legal Center’s provides an overview of various federal laws that regulate businesses and the relationship between employers and employees. These include the Fair Labor Standards Act (FLSA), Equal Pay Act, Title VII of the Civil Rights Act of 1964, Americans with Disabilities Act (ADA), Immigration Reform and Control Act, Family and Medical Leave Act (FMLA), and the Occupational Safety and Health Act.

The Providing Urgent Maternal Protections (PUMP) Act and the Pregnant Workers Fairness Act (PWFA) are two federal laws that outline protections for employees and set rules for break time, private space, and reasonable accommodations for pregnant and nursing workers. The Legal Center’s article on “Understanding the PUMP Act and PWFA” provides additional information and details pertaining to both laws and what employers should know to stay compliant.

The Department of Labor (DOL) currently evaluates independent contractor status using traditional “economic reality” principles outlined in the U.S. Wage and Hour Division’s (WHD) 2008 Fact Sheet on Employment Relations and the Department’s 2019 Opinion Letter. Additional details pertaining to determining worker classification, the risks of misclassification, and special IRS classifications can be found in the Legal Center’s Guide to Independent Contractors as well as in the Legal Blog article titled, “Independent Contractor or Employee: How to distinguish worker classifications and avoid penalties.”

The Legal Center’s delivers an overview of tax laws pertinent for small business owners, common small business deductions, and information on how to avoid an audit. The is another resource which helps small businesses understand their sales tax obligations. The guide includes a review of the sales tax percentage in each state as well as items subject to sales tax, remote seller thresholds, and state contact information.

The NFIB Guide to OSHA Inspections covers the OSHA inspection process, from preparing for the inspection, negotiating rules, and conducting the walk through, to gathering information, communicating with OSHA, and avoiding citations during post-inspection procedures. Additionally, the Legal Center’s webinar series features a webinar that covers the basics for navigating OSHA inspections from a legal expert.

A credit card chargeback happens when a customer disputes a credit card charge after a business has already processed the sale. In many cases, a chargeback occurs because the customer’s card was used fraudulently, but other times, a customer will file a chargeback request disputing the charge even if the purchase was legitimate. Fighting a chargeback is known as a chargeback representment and occurs when the business owner submits evidence to the bank to prove the transaction was valid. dives further into the representment process as well as preventative measures businesses can take to avoid credit card chargebacks.

The is intended to assist business owners in navigating debt collection when a customer fails to pay. The guide includes measures for avoiding nonpayment and recovering payment before resorting to legal action.

The first step in responding to an ADA complaint or demand letter is to read it and respond. Depending on the nature of the complaint, you may need to contact your insurance carrier or an attorney experienced in handling ADA cases. Next, thoroughly photograph and/or document all areas of your property or aspects of your website. Talk with your attorney about whether it is appropriate to make immediate modifications to your business property or website. Do not assume that agreeing to fix only the items identified in the demand letter or complaint is enough; the claim may not have identified all features of a building or website that are out of compliance. The and Legal Blog article on Responding to ADA Lawsuits provide additional information, including an overview of the ADA, common ADA-related lawsuits for barrier removal and website inaccessibility, and how small businesses should respond to an ADA complaint. As for ADA website accessibility, to minimize legal exposure and financial risk, the NFIB Legal Center recommends that small businesses make their websites accessible to those with disabilities. Additional information pertaining to website accessibility can be found by visiting the

the NFIB ADA Website Accessibility Guide.