*Chamber of Commerce, et al. v. Occupational Safety and Health Administration (5/21/24) – US District Court Western District of Texas

NFIB SBLC joined a business coalition in suing OSHA over its new workplace walkaround rule. Lawsuit claims that walkaround rule violates the Administrative Procedure Act and Regulatory Flexibility Act, as well as the Fifth Amendment’s Takings Clause.

 

*Coalition for Workforce Innovation, et al. v. Su (3/5/24) – US District Court, Eastern District of Texas

NFIB SBLC joined a business coalition in suing Department of Labor over its Independent Contractor Rule. Lawsuit alleges that the 2024 IC Rule violates the Regulatory Flexibility Act, Fair Labor Standards Act, and Administrative Procedure Act.

 

*Custom Communications, Inc. v. Federal Trade Commission (11/21/24) – US Court of Appeals for the Eighth Circuit

Challenges to FTC Negative Option Rule consolidated in Eighth Circuit. NFIB SBLC and challengers filed Motion for Stay of FTC rule.

 

*Michigan Press Association, et al. v. Federal Trade Commission (10/22/24) – US Court of Appeals for the Sixth Circuit

NFIB SBLC filed Petition for Review of the FTC’s Negative Option Rule, which imposes additional requirements on entities that use automatic renewals or subscriptions. Pursuant to federal law, a circuit lottery was held and the Eighth Circuit won the challenge.

 

*Minnesota Associated Builders & Contractors, et al. v. Ellison (2/20/24) – US District Court for the District of Minnesota; (10/18/24) – US Court of Appeals for the Eighth Circuit

NFIB SBLC joined a business coalition in challenging Minnesota’s Captive Audience law. Lawsuit alleges that it is an unconstitutional restriction of speech under the First Amendment and is preempted by the National Labor Relations Act. The Court denied the state’s motion to dismiss; court considering stay request pending appeal.

 

*National Association of Homebuilders v. Montgomery Cty, Maryland (10/17/24) – US District Court for the District of Maryland

NFIB SBLC joined coalition challenging Montgomery County ban on the use of gas appliances in new constructions. Lawsuit claims that county’s gas ban is preempted by federal law.

 

*NFIB v. OSHA (including Texas Trucking Association v. OSHA (consolidated with BST Holdings LLC v. OSHA) (11/9/21) – U.S. Court of Appeals for the Fifth Circuit

NFIB SBLC filed a lawsuit on behalf of NFIB and small business employers arguing that OSHA’s emergency temporary standard pertaining to vaccination or testing violated the OSH Act and congressional delegation.

 

*Plano Chamber of Commerce, et al. v. Su (5/22/24) – US District Court Eastern District of Texas; (12/4/24) – US Court of Appeals for the Fifth Circuit (as State of Texas v. Department of Labor)

NFIB SBLC joined a business coalition in suing Department of Labor (DOL) over its 2024 overtime rule increasing the minimum salary thresholds for EAP overtime exemption under Fair Labor Standards Act. Lawsuit claims overtime rule exceeds DOL’s statutory authority. After consolidation with challenge by State of Texas, State of Texas v. Dep’t of Labor, the court granted our motion for summary judgment.

 

*Texas Top Cop Shop, Inc., et al. v. Garland (5/28/24) – US District Court Eastern District of Texas; (12/6/24) – US Court of Appeals for the Fifth Circuit

NFIB SBLC filed lawsuit against Attorney General and Department of Treasury alleging that the Corporate Transparency Act and its beneficial ownership reporting requirements for small businesses are unconstitutional under Article I and the First, Fourth, and Tenth Amendments of the Constitution. Court granted our motion for preliminary injunction.

 

*U.S. Chamber of Commerce, et al. v. Bartolomeo (11/1/2022) – U.S. District Court for the District of Connecticut; (2/3/2023) – U.S. District Court for the District of Connecticut (reply brief); (3/5/24) – US District Court for the District of Connecticut (withdrawal motion)

NFIB SBLC joined a business coalition suing Connecticut over its captive audience law. The lawsuit alleges that this recent law is an unconstitutional restriction of speech under the First Amendment and is preempted by the National Labor Relations Act. In 2024 we filed a motion to withdraw, which the court granted.

Advance Stores Co., Inc. v. Birthwright (8/12/24) – US Court of Appeals for the Second Circuit

NFIB SBLC filed an amicus brief urging the court to grant interlocutory appeal and decide whether NY Labor Law § 191 includes a private right of action. Court denied interlocutory appeal.

 

AFL-CIO v. OSHA (5/29/2020) – U.S. Court of Appeals for the District of Columbia

NFIB SBLC filed an amicus brief in support of the Occupational Safety and Health Administration (OSHA)’s current safety hazards, arguing against the need for an additional COVID-19 emergency standard issued from the Department of Labor. The brief was filed in response to the AFL-CIO’s petition for the Department of Labor to issue additional workplace standards.

 

Alabama v. Yellen (4/30/21) – U.S. District Court for Alabama

NFIB SBLC joined a business coalition brief arguing that the American Rescue Plan Act’s Tax Mandate violates the Constitution’s Spending Clause, and permanently enjoined the U.S. Department of the Treasury from enforcing the Tax Mandate against the States of West Virginia, Alabama, Alaska, Arkansas, Florida, Iowa, Kansas, Montana, New Hampshire, Oklahoma, South Carolina, South Dakota, and Utah.

 

Allstates v. Walsh (11/15/2022); (10/16/23)  – U.S. Court of Appeals for the 6^th Circuit

NFIB SBLC filed two amicus briefs discussing the constitutional text, history, and importance of a strong nondelegation doctrine and arguing that OSHA workplace safety rules violate the doctrine as an unconstitutional delegation of legislative powers.

 

American Steel v. National Labor Relations Board (1/21/2022) – NLRB

NFIB SBLC joined coalition amicus brief urging the Board not to return to a previous standard for determining whether a bargained-for unit is appropriate.

 

Arizona v. Yellen (4/26/21) – U.S. District Court for Arizona

NFIB SBLC joined a business coalition brief arguing that the American Rescue Plan Act’s Tax Mandate violates the Constitution’s Spending Clause, and permanently enjoined the U.S. Department of the Treasury from enforcing the Tax Mandate against the States of West Virginia, Alabama, Alaska, Arkansas, Florida, Iowa, Kansas, Montana, New Hampshire, Oklahoma, South Carolina, South Dakota, and Utah.

 

ATS Tree Services, LLC v. Federal Trade Commission (6/3/24) – US District Court Eastern District of Pennsylvania

NFIB SBLC filed an amicus brief arguing that FTC’s ban on noncompetes contains a flawed cost-benefit analysis and is arbitrary and capricious. Plaintiffs voluntarily dismissed.

 

Cemex Construction Materials Pacific, LLC v. National Labor Relations Board (2/9/24) – US Court of Appeals for the Ninth Circuit

NFIB SBLC filed an amicus brief arguing that NLRB’s Cemex decision violates Supreme Court precedent and contravenes Congressional intent preferring secret ballot elections for union organizing.

 

Clark v. A&L Home Care and Training Center, LLC (5/12/2022) – U.S. Court of Appeals for the 6^th Circuit

NFIB SBLC joined an amicus brief arguing that the Fair Labor Standards Act requires district courts to determine whether plaintiffs are “similarly situated” at the outset of a collective action claim. We claim the Lusardi standard allowing conditional certification is erroneous and the 6^th Circuit should adopt a stricter standard.

 

Corner Post, Inc. v. Board of Governors of the Federal Reserve System (11/22/24) – US District Court for District of North Dakota

NFIB SBLC filed an amicus brief arguing that Regulation II’s debit card interchange fee cap does not comport with the text of the Durbin Amendment and that the Board considers costs that Congress prohibited.

 

East Fork Enterprises, Inc. v. Environmental Protection Agency (10/30/24) – US Court of Appeals for the Fifth Circuit

NFIB SBLC filed an amicus brief claiming that EPA’s rules on methylene chloride using a “whole chemical” approach violate the Toxic Substances Control Act’s “unreasonable risk” standard and exceed the agency’s authority. Court denied our motion to file.

 

ERIC v. City of Seattle (9/3/20)- U.S. Court of Appeals for the Ninth Circuit

The ERISA Industry Committee sued to stop a city mandate to provide health insurance. The district court dismissed the suit and ERIC appealed and claimed that ERISA preempts the Seattle ordinance. NFIB SBLC joined a coalition brief in support of ERIC.

 

ERIC v. City of Seattle (5/12/21) – U.S. Court of Appeals for the Ninth Circuit

NFIB SBLC joined a business coalition brief arguing that Seattle’s paid leave mandate is unconstitutional. The court of appeals upheld the mandate.

 

FDRLST Media v. National Labor Relations Board (3/29/21) – U.S. Court of Appeals for the Third Circuit

NFIB SBLC an amicus brief  arguing that the National Labor Relations Board incorrectly interpreted the National Labor Relations Act by allowing any person to file an unfair labor practice charge; SBLC’s brief argued that the person filing the charge must be a “person aggrieved” by the alleged practice not that “any person” may file a charge.

 

Frisard’s Transportation, LLC v. Department of Labor (6/24/24) – US Court of Appeals for the Fifth Circuit

NFIB SBLC filed an amicus brief arguing that DOL’s rescission of the 2021 Independent Contractor rule is arbitrary and capricious and that the 2024 rule violates the Fair Labor Standards Act.

 

Google v. Freedom Watch (2/6/2020) – U.S. Court of Appeals for the District of Columbia

NFIB SBLC’s amicus brief argued that the DC laws prohibiting discrimination in public accommodations only apply to physical places of public accommodation and not online platforms, nor does the First Amendment apply to private companies.

 

Halstead Bead v. Richards (10/18/2022) – U.S. Court of Appeals for the 5^th Circuit

NFIB SBLC filed coalition amicus brief supporting an Arizona small business in its challenge to Louisiana’s remote seller sales tax regime. Our amicus argued that the district court’s interpretation of the Tax Injunction Act leaves no neutral forum for remote sellers to challenge state sales tax regimes, and that Louisiana’s complex sales tax regime hurts all small businesses.

 

International Union of Operating Engineers, Local Union No. 150 (12/28/2020) – National Labor Relations Board

NFIB SBLC joined an amicus brief arguing that the board needs to adopt a standard that prohibits union exhibition of dead rats as a form of secondary boycott.

 

Intuit, Inc. v. Federal Trade Commission (4/22/24) – US Court of Appeals for the Fifth Circuit

NFIB SBLC filed an amicus brief arguing that multi-layer tenure protections for FTC ALJs are unconstitutional and create a structural defect in FTC adjudications.

 

Kentucky  v. EPA (4/26/23) – U.S. Court of Appeals for the 6^th Circuit

NFIB SBLC filed an amicus brief urging the 6th Circuit to enjoin the EPA’s WOTUS rule pending appeal.

 

Kentucky Chamber, et al. v. EPA (4/26/23) – U.S. Court of Appeals for the 6^th Circuit

NFIB SBLC filed an amicus brief arguing for the 6th Circuit to enjoin the EPA’s WOTUS rule pending appeal.

 

Kentucky v. Yellen (7/12/21) – U.S. District Court for Kentucky; (3/11/2022) – U.S. Court of Appeals for the 6^th Circuit

NFIB SBLC joined two amicus briefs arguing that a provision of the American Rescue Plan Act of 2021, which would prohibit states from using ARPA funds for direct or indirect tax relief for small businesses, is unconstitutional as an intrusion on sovereign State taxing power, is impermissibly coercive, and will have dire consequences if left standing.

 

Mabe v. Wal-Mart Associates (4/28/2022) – U.S. District Court Northern District of New York

NFIB SBLC joined an amicus brief in federal court arguing that New York Labor law does not confer a private right of action for violations of requirement to pay “manual workers” on a weekly basis and that the statute does not permit liquidated damages.

 

Mayfield v. Department of Labor (1/24/24); (11/4/24) – US Court of Appeals for the Fifth Circuit

NFIB SBLC filed an amicus brief arguing that Fair Labor Standards Act’s EAP exemption from overtime pay focuses solely on an employee’s duties and not their salary. The court concluded that DOL can impose salary thresholds as proxy for duties. SBLC then filed an amicus brief supporting a petition for rehearing en banc, arguing that the panel decision creates confusion and uncertainty.

 

McLaren Macomb v. NLRB (9/19/23) – U.S. Court of Appeals for the 6^th Circuit

NFIB SBLC joined a coalition amicus brief, which argues that restricting non-disparagement provisions in severance agreements puts sensitive business information at risk.

 

Missouri v. Yellen (4/15/21; 7/21/21) – U.S. District Court for Missouri; U.S. Court of Appeals for the Eighth Circuit

NFIB SBLC joined a business coalition brief arguing that the American Rescue Plan Act’s Tax Mandate violates the Constitution’s Spending Clause, and permanently enjoined the U.S. Department of the Treasury from enforcing the Tax Mandate against the States of West Virginia, Alabama, Alaska, Arkansas, Florida, Iowa, Kansas, Montana, New Hampshire, Oklahoma, South Carolina, South Dakota, and Utah.

 

Mountaire Farms (10/7/2020) – National Labor Relations Board

NFIB SBLC joined a brief that argued the contract bar is unnecessary to achieve labor relations stability. Instead, in its present form, the contract bar doctrine seriously impairs employee freedom of choice in a manner contrary to the Act.

 

Murphy v. Raimondo (6/16/23) – U.S. Court of Appeals for the 9^th Circuit

NFIB SBLC filed an amicus brief challenging the Census Bureau’s authority to issue the American Community Survey and request highly personal information, emphasizing the harm to businesses from similar non-census surveys.

 

National Small Business United v. Yellen (5/20/24) – US Court of Appeals for the Eleventh Circuit

NFIB SBLC filed an amicus brief arguing that Corporate Transparency Act is not a valid exercise of Congress’s Commerce Clause power.

 

National Resources Defense Council v. National Highway Transportation and Safety Administration (12/1/2022) – U.S. Court of Appeals for the D.C. Circuit

NFIB SBLC joined trade organization coalition amicus brief arguing that the Energy Policy and Conservation Act foreclosed consideration of electric vehicles when setting fuel-economy standards, and thus NHTSA was wrong to do so. Our brief also asserted that Congress did not give NHTSA authorization to decide a question of such magnitude.

 

Nebraska v. Walsh (6/27/23) – U.S. Court of Appeals for the 9^th Circuit

NFIB SBLC joined a coalition amicus brief arguing that the Department of Labor’s (DOL) rule on increasing the minimum wage for federal contractors goes beyond the authority delegated by Congress in the Federal Property and Administrative Services Act.

 

New York v. U.S. Department of Labor (2/12/21) – U.S. Court of Appeals for the Second Circuit

NFIB SBLC filed a brief defending the Department of Labor’s joint-employer rule under the Fair Labor Standards Act. NFIB argued that the Department’s rulemaking process was neither arbitrary nor capricious under the Administrative Procedure Act (APA).

 

Ohio v. Environmental Protection Agency (10/31/2022) – U.S. Court of Appeals for the D.C. Circuit

NFIB SBLC joined trade organization coalition amicus brief laying out the framework of the “major-questions doctrine” and arguing that this was a “major-questions” case.

 

Ohio v. Yellen (4/9/21) – U.S. District Court for Ohio

NFIB SBLC joined a business coalition brief arguing that the American Rescue Plan Act’s Tax Mandate violates the Constitution’s Spending Clause, and permanently enjoined the U.S. Department of the Treasury from enforcing the Tax Mandate against the States of West Virginia, Alabama, Alaska, Arkansas, Florida, Iowa, Kansas, Montana, New Hampshire, Oklahoma, South Carolina, South Dakota, and Utah.

 

Oracle v. DOL (5/3/2020) – U.S. District Court for the District of Columbia

NFIB SBLC joined an amicus brief in a case against the Department of Labor challenging an unconstitutional administrative enforcement regime the agency has created from whole cloth, without any authorization from Congress. The challenged regulations authorize DOL to sue government contractors not in federal court, but before in-house administrative law judges.

 

Pakdel v. San Francisco (5/18/2020) – U.S. Court of Appeals for the 9^th Circuit

NFIB SBLC filed a brief urging the court to adopt a consistent standard for reviewing legislative conditions requiring dedication of money (or other property rights) as a term of a land use permit approval.

 

Restaurant Law Center v. Department of Labor (5/16/2022); (11/2/23) – U.S. Court of Appeals for the 5^th Circuit

NFIB SBLC joined two amicus briefs arguing that DOL’s 80/20 Tip Credit Rule is not required by the Fair Labor Standards Act, that it imposes onerous regulatory burdens on small businesses, and that requiring small business owners to split a job into sub-tasks and record the minutes and seconds devoted to each task will lead to confusion and compliance difficulties.

 

Restaurant Law Center v. City of New York (6/29/2022) – U.S. Court of Appeals for the 2^nd Circuit

NFIB SBLC joined a business coalition amicus brief arguing that the City’s recently-enacted “Just Cause” law limiting when an employer can discipline an employee or reduce their hours is preempted by the National Labor Relations Act, violates the Commerce Clause, and imposes significant costs on businesses.

 

Reyes v. Waples Mobile Home Park LP (11/17/2022) – U.S. Court of Appeals for the 4^th Circuit

NFIB SBLC filed an amicus brief advocating against a subjective necessity standard for discharging an employer’s burden under the Fair Housing Act. We argue this standard would contravene safeguards against criminal liability, and harm small businesses that provid housing and hospitality services, as well as the consumers who rely on them.

 

Richards v. Eli Lilly & Co. (10/7/24) – US Court of Appeals for the Seventh Circuit

NFIB SBLC filed an amicus brief arguing that courts must determine whether plaintiffs are “similarly situated” at the beginning of a collective action instead of using the two-step Lusardi method.

 

Ryan, LLC v. Federal Trade Commission (5/15/24) – US District Court Northern District of Texas

NFIB SBLC filed an amicus brief arguing that FTC rule banning noncompete agreements was based on a flawed cost-benefit analysis. Court set aside FTC rule.

 

Starbucks v. NLRB (12/8/23)—U.S. Court of Appeals for the 3rd Circuit

NFIB SBLC joined a coalition amicus brief arguing that NLRB does not have the statutory authority to award compensatory damages, and its attempt to do so is unconstitutional.

 

State of Texas v. Biden (3/29/24) – US Court of Appeals for the Fifth Circuit

NFIB SBLC filed an amicus brief arguing that the Procurement Act does not give the President unilateral authority to increase the minimum wage for federal contractors.

 

State of Texas v. Department of Labor (6/21/24) – US District Court Eastern District of Texas

Prior to consolidation of NFIB’s challenge to the overtime salary threshold increase with the State of Texas’s challenge, NFIB SBLC filed an amicus brief arguing that DOL exceeded its authority under Fair Labor Standards Act by promulgating 2024 overtime rule.

 

Tesla v. National Labor Relations Board (3/22/21) – NLRB; (2/9/23) – U.S. Court of Appeals for the 5^th Circuit

The NFIB SBLC joined with other business groups in an amicus brief filed that supported the employer’s right to adopt reasonable uniform policies.

 

Texas v. Environmental Protection Agency (11/10/2022) – U.S. Court of Appeals for the D.C. Circuit

NFIB SBLC joined an amicus brief arguing that the EPA’s tailpipe rule violates the “major-questions doctrine” and will harm small businesses and consumers by increasing energy costs.

 

Texas v. Yellen (10/4/21) – U.S. District Court for Texas; (10/31/2022) – U.S. Court of Appeals for the 5^th Circuit

NFIB SBLC joined a business coalition amicus brief arguing that the American Rescue Plan Act’s Tax Mandate violates the Constitution’s Spending Clause, and permanently enjoined the U.S. Department of the Treasury from enforcing the Tax Mandate against the States of West Virginia, Alabama, Alaska, Arkansas, Florida, Iowa, Kansas, Montana, New Hampshire, Oklahoma, South Carolina, South Dakota, and Utah. We then joined an amicus brief arguing that the district court’s injunction was proper.

 

Texas Chemistry Council v. Environmental Protection Agency (10/7/24) – US Court of Appeals for the Fifth Circuit

NFIB SBLC filed an amicus brief arguing that EPA’s final rule banning chrysotile asbestos diaphragms exceeds the agency’s authority and upsets the balance in the Toxic Substances Control Act.

 

The Atlanta Opera v. National Labor Relations Board (2/10/2022) – NLRB

NFIB SBLC joined coalition amicus brief urging the Board to retain the traditional common law agency test for determining when an individual is an employee or independent contractor under the National Labor Relations Act.

 

Thompson v. DeWine (7/24/2020) – U.S. Court of Appeals for the Sixth Circuit

NFIB SBLC filed an amicus brief arguing that Ohio’s election laws are constitutional as applied to ballot initiatives. The case primarily concerns whether Ohio’s legal procedures for ballot initiatives, which contain “in person” components, are constitutional. NFIB argues that the laws applying to ballot initiatives are neutral in their application to all Ohioans and, therefore, do not violate any person’s First Amendment rights.

 

Thryv, Inc. v. National Labor Relations Board (1/10/2022) – NLRB

NFIB SBLC joined coalition amicus brief urging the Board not to adopt consequential damages as part of its traditional make-whole remedy, but instead continue its practice of reinstatement plus repayment for lost earnings and benefits.

 

Utah v. Su (1/25/24) – US Court of Appeals for the Fifth Circuit

NFIB SBLC filed an amicus brief arguing that Dep’t of Labor’s duty of prudence and duty of loyalty rules, which allow ERISA plan fiduciaries to consider ESG factors in investment decisions, burdens small businesses. Court remanded for district court consideration without deference.

 

Violet Dock Port, Inc. v. Heaphy (2/10/2020) – U.S. Court of Appeals for the Fifth Circuit

NFIB SBLC’s amicus brief argued that an individual or entity has a cognizable Section 1983 claim in federal court where a state authority refuses to pay a state-court judgment and the state court judgment is a protected property interest under state law.

 

Washington Post v. Small Business Administration (3/19/21) – U.S. District Court for the District of Columbia

The NFIB SBLC filed an amicus brief in support of SBA’s position that Paycheck Protection Program borrowers’ identifying information should be limited in FOIA request.

 

West Virginia v. Treasury (4/1/2022) – U.S. Court of Appeals for the 11^th Circuit

NFIB SBLC joined an amicus brief arguing that the district court properly enjoined a provision of the American Rescue Plan Act of 2021, which would prohibit states from using ARPA funds for direct or indirect tax relief for small businesses. Our brief argued this provision is unconstitutional as an intrusion on sovereign State taxing power, is impermissibly coercive, and will have dire consequences if left standing.