Our Victories
NFIB works to affect positive change on behalf of our members. Read about some of the recent victories by our Legal Center, Government Relations, and Political teams.
Policy Victories
Legal
Legal Center has been called one of the top-ten most influential groups to file briefs in the U.S. Supreme Court by the SCOTUSblog.
In Sackett v. EPA, a victory for property rights, the Supreme Court agreed with NFIB’s brief that the federal government must follow a new limited test for determining when land contains a “water of the United States” (WOTUS). This decision means fewer construction projects will need expensive federal permits.
In Glacier NW v. Teamsters, the Supreme Court ruled that a business could sue a union for damages after the striking employees walked out and left concrete running in trucks. The ruling was a win for NFIB which filed a brief in the case and argued that striking workers cannot intentionally damage property without consequence.
In NFIB v. OSHA, the U.S. Supreme Court issued stay of OSHA’s vaccine mandate, and OSHA withdrew the vaccine mandate following a successful U.S. Supreme Court challenge by NFIB.
A federal court agreed with NFIB’s arguments and permanently enjoined the U.S. Treasury from enforcing the American Rescue Plan Act’s prohibition against states using ARPA funds to lower to taxes.
Small Business Courtroom
NLRB Poster Rule. The NFIB’s Small Business Legal Center won a ruling in the U.S. Court of Appeals reversing the decision of the district court, the circuit court found that the Board does not possess the authority to require that the posters be displayed in places of business. Further, it affirmed the district court’s determination that the Board lacks the legal authority to enforce the poster rule as an unfair labor practice.
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.
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