The Legal Brief

NFIB at the Supreme Court: Four Major Decisions Coming Soon

NFIB Small Business Legal Center: 2025 Achievements and 2026 Outlook

In 2025, the NFIB Small Business Legal Center experienced a busy and successful year. The legal team worked tirelessly to address a range of issues challenging several significant regulations. These included disputes over the Federal Trade Commission’s (FTC) rule limiting auto-renewals, restrictions on employer free speech, a land grab by state authorities, and a governor’s mandate for project labor agreements. Additionally, the Legal Center filed 37 amicus briefs in federal and state courts across the country.

The work accomplished in 2025 was made possible through the support and financial contributions of NFIB members like you. These resources were essential in enabling the Legal Center to fight for small business interests in courts across the nation. Looking ahead, the coming year promises to be equally demanding, and the Legal Center remains committed to advocating for and winning on behalf of small businesses.

DEFENDING FEDERAL DEREGULATORY EFFORTS
The Trump Administration has pledged to roll back several labor mandates, including the burdensome overtime rule and independent contractor rule, which were both paused by the courts. The NFIB Small Business Legal Center’s ongoing litigation will help maintain pressure on agencies and provide the legal analysis and support to achieve permanent withdrawal of these rules.
STATE AND LOCAL LEGAL BATTLES
As we begin 2026, small businesses across the country face a wave of proposals in state legislatures that could make it harder to operate, grow, and create jobs. From new compliance burdens to mandates that would raise costs without improving outcomes, the landscape is shifting quickly — and not always in ways that favor small businesses. Anti-business groups are expected to push for additional state and local regulations, such as paid leave and higher minimum wages. In some instances, these regulations may be enacted in ways that violate state constitutions, opening the door to legal challenges. The Legal Center is ready to defend against these actions in court.
ADDRESSING FRIVOLOUS LAWSUITS
The legal environment remains challenging as the trial bar continues to introduce new legal theories, particularly under the Americans with Disabilities Act (ADA), in lawsuits targeting small-business websites and mobile apps. The Trump Administration has pledged to roll back several labor mandates, including the burdensome overtime rule and independent contractor rule, which were both paused by the courts. The NFIB Small Business Legal Center’s ongoing litigation will help maintain pressure on agencies and provide the legal analysis and support to achieve permanent withdrawal of these rules.
OUR DONORS DRIVE OUR SUCCESS
These battles are not theoretical. They have real-world consequences for the long-term stability of the small businesses that anchor our communities. While the challenges are significant, our advocacy remains strong because of your support. Your investment in the Legal Center enables us to fight for fair, workable policies and to defend small employers from costly, burdensome mandates.

Thank you for standing with us — and with the millions of small businesses that keep our economy running. Together, we’ll continue protecting small business owners’ freedom to own, operate, and grow their businesses.

Elizabeth Milito Signature with 25 years Badge

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