NFIB SMALL BUSINEES LEGAL CENTER: Form 990, tax year 2011
View the entire original 990 at ProPublica ↗
- Organization
- NFIB SMALL BUSINEES LEGAL CENTER (EIN 62-1570449)
- Tax period
- 2011-01-01 to 2011-12-31
- Filed
- 2012-05-11
- IRS object ID
- 201211329349300626
- Schema version
- 2011v1.2
- Source
- Download XML · Original 990 at ProPublica
Every field in the e-filed return. Faint text is the IRS element name, for citing.
Return header ReturnHeader
| Field | Value | IRS element (for citing) |
|---|---|---|
| Timestamp | 2012-05-11T08:11:46-05:00 | Timestamp |
| Tax Period End Date | 2011-12-31 | TaxPeriodEndDate |
Preparer Firm PreparerFirm
Preparer Firm Business Name PreparerFirmBusinessName
| Field | Value | IRS element (for citing) |
|---|---|---|
| Business Name Line1 | KPMG LLP | BusinessNameLine1 |
Preparer Firm US Address PreparerFirmUSAddress
| Field | Value | IRS element (for citing) |
|---|---|---|
| Address Line1 | 401 Commerce Street Suite 1000 | AddressLine1 |
| City | Nashville | City |
| State | TN | State |
| ZIP Code | 37219 | ZIPCode |
| Field | Value | IRS element (for citing) |
|---|---|---|
| Return Type | 990 | ReturnType |
| Tax Period Begin Date | 2011-01-01 | TaxPeriodBeginDate |
Filer Filer
| Field | Value | IRS element (for citing) |
|---|---|---|
| EIN | 621570449 | EIN |
Name Name
| Field | Value | IRS element (for citing) |
|---|---|---|
| Business Name Line1 | NFIB SMALL BUSINESS LEGAL CENTER | BusinessNameLine1 |
| Field | Value | IRS element (for citing) |
|---|---|---|
| In Care Of Name | % JEFF SMITH | InCareOfName |
| Name Control | NFIB | NameControl |
| Phone | 6158725800 | Phone |
US Address USAddress
| Field | Value | IRS element (for citing) |
|---|---|---|
| Address Line1 | 53 CENTURY BOULEVARD | AddressLine1 |
| City | NASHVILLE | City |
| State | TN | State |
| ZIP Code | 372143682 | ZIPCode |
Officer Officer
| Field | Value | IRS element (for citing) |
|---|---|---|
| Name | JEFF SMITH | Name |
| Title | TREASURER | Title |
| Phone | 6158725800 | Phone |
| Date Signed | 2012-05-10 | DateSigned |
| Authorize Third Party | true | AuthorizeThirdParty |
Preparer Preparer
| Field | Value | IRS element (for citing) |
|---|---|---|
| Phone | 6152441602 | Phone |
| Field | Value | IRS element (for citing) |
|---|---|---|
| Tax Year | 2011 | TaxYear |
| Build TS | 2016-02-24 21:20:13Z | BuildTS |
Form 990 IRS990
| Field | Value | IRS element (for citing) |
|---|---|---|
| Name Of Principal Officer Person | DONALD A DANNER | NameOfPrincipalOfficerPerson |
Address Principal Officer US AddressPrincipalOfficerUS
| Field | Value | IRS element (for citing) |
|---|---|---|
| Address Line1 | 1201 F ST NW SUITE 200 | AddressLine1 |
| City | WASHINGTON | City |
| State | DC | State |
| ZIP Code | 20004 | ZIPCode |
| Field | Value | IRS element (for citing) |
|---|---|---|
| Gross Receipts | 3109428 | GrossReceipts |
| Group Return For Affiliates | false | GroupReturnForAffiliates |
| Organization501c3 | X | Organization501c3 |
| Web Site | WWW.NFIB.COM/LEGAL | WebSite |
| Type Of Organization Corporation | X | TypeOfOrganizationCorporation |
| Year Formation | 1994 | YearFormation |
| State Legal Domicile | TN | StateLegalDomicile |
| Activity Or Mission Description | THE NFIB SMALL BUSINESS LEGAL CENTER'S MISSION IS TO BE THE VOICE FOR SMALL BUSINESS IN THE NATION'S COURTS AND THE LEGAL RESOURCE FOR SMALL BUSINESS OWNERS NATIONWIDE. | ActivityOrMissionDescription |
| Nbr Voting Members Governing Body | 15 | NbrVotingMembersGoverningBody |
| Nbr Independent Voting Members | 14 | NbrIndependentVotingMembers |
| Total Nbr Employees | 3 | TotalNbrEmployees |
| Total Nbr Volunteers | 25 | TotalNbrVolunteers |
| Total Gross UBI | 0 | TotalGrossUBI |
| Contributions Grants Prior Year | 2158440 | ContributionsGrantsPriorYear |
| Contributions Grants Current Year | 3108877 | ContributionsGrantsCurrentYear |
| Program Service Revenue Prior Year | 0 | ProgramServiceRevenuePriorYear |
| Program Service Revenue CY | 0 | ProgramServiceRevenueCY |
| Investment Income Prior Year | 665 | InvestmentIncomePriorYear |
| Investment Income Current Year | 551 | InvestmentIncomeCurrentYear |
| Other Revenue Prior Year | 0 | OtherRevenuePriorYear |
| Other Revenue Current Year | 0 | OtherRevenueCurrentYear |
| Total Revenue Prior Year | 2159105 | TotalRevenuePriorYear |
| Total Revenue Current Year | 3109428 | TotalRevenueCurrentYear |
| Grants And Similar Amnts Prior Year | 0 | GrantsAndSimilarAmntsPriorYear |
| Grants And Similar Amnts CY | 0 | GrantsAndSimilarAmntsCY |
| Benefits Paid To Members Prior Year | 0 | BenefitsPaidToMembersPriorYear |
| Benefits Paid To Members CY | 0 | BenefitsPaidToMembersCY |
| Salaries Etc Prior Year | 533426 | SalariesEtcPriorYear |
| Salaries Etc Current Year | 541732 | SalariesEtcCurrentYear |
| Total Prof Fundrsng Exp Prior Year | 0 | TotalProfFundrsngExpPriorYear |
| Total Prof Fundrsng Exp CY | 10280 | TotalProfFundrsngExpCY |
| Total Fundrsng Exp Current Year | 261653 | TotalFundrsngExpCurrentYear |
| Other Expense Prior Year | 1669566 | OtherExpensePriorYear |
| Other Expenses Current Year | 2404307 | OtherExpensesCurrentYear |
| Total Expenses Prior Year | 2202992 | TotalExpensesPriorYear |
| Total Expenses Current Year | 2956319 | TotalExpensesCurrentYear |
| Revenues Less Expenses Prior Year | -43887 | RevenuesLessExpensesPriorYear |
| Revenues Less Expenses CY | 153109 | RevenuesLessExpensesCY |
| Total Assets BOY | 409551 | TotalAssetsBOY |
| Total Assets EOY | 700084 | TotalAssetsEOY |
| Total Liabilities BOY | 239212 | TotalLiabilitiesBOY |
| Total Liabilities EOY | 376636 | TotalLiabilitiesEOY |
| Net Assets Or Fund Balances BOY | 170339 | NetAssetsOrFundBalancesBOY |
| Net Assets Or Fund Balances EOY | 323448 | NetAssetsOrFundBalancesEOY |
| Info In Schedule O Part III | X | InfoInScheduleOPartIII |
| Mission Description | THE NFIB SMALL BUSINESS LEGAL CENTER IS A NONPROFIT PUBLIC BENEFIT CORPORATION CREATED UNDER THE TENNESSEE NONPROFIT CORPORATION ACT. IT IS ORGANIZED EXCLUSIVELY FOR CHARITABLE, EDUCATIONAL, AND SCIENTIFIC PURPOSES AS PERMITTED BY SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE"), INCLUDING, FOR SUCH PURPOSES, MAKING DISTRIBUTIONS TO ORGANIZATIONS THAT QUALIFY AS EXEMPT ORGANIZATIONS UNDER SECTION 501(C)(3) OF THE CODE. THE LEGAL CENTER IS A SUPPORTING ORGANZIATION PURSUANT TO SECTION 509(A)(3) OF THE CODE AND IS ORGANIZED AND OPERATED FOR THE BENEFIT OF NATIONAL FEDERATION OF INDEPENDENT BUSINESS ("NFIB"), WHICH IS A 501(C)(6) ORGANIZATION. THE LEGAL CENTER IS ORGANIZED TO CARRY ON CHARITABLE ACTIVITIES OF PROVIDING LEGAL EDUCATION AND REPRESENTATION ON ISSUES OF BROAD PUBLIC INTEREST. | MissionDescription |
| Significant New Program Services | false | SignificantNewProgramServices |
| Significant Change | false | SignificantChange |
| Expense | 2660294 | Expense |
| Grants | 0 | Grants |
| Revenue | 0 | Revenue |
| Description | SEE SCHEDULE O FOR SUMMARY OF 2011 CASES | Description |
| Total Program Service Expense | 2660294 | TotalProgramServiceExpense |
| Described In501 C3 | true | DescribedIn501C3 |
| Schedule B Required | true | ScheduleBRequired |
| Political Activities | false | PoliticalActivities |
| Lobbying Activities | false | LobbyingActivities |
| Donor Advised Funds | false | DonorAdvisedFunds |
| Conservation Easements | false | ConservationEasements |
| Collections Of Art | false | CollectionsOfArt |
| Credit Counseling | false | CreditCounseling |
| Term Or Permanent Endowments | false | TermOrPermanentEndowments |
| Report Land Bldg Equip | false | ReportLandBldgEquip |
| Report Invest Oth Securities | false | ReportInvestOthSecurities |
| Report Prog Rel Invest | false | ReportProgRelInvest |
| Report Other Assets | true | ReportOtherAssets |
| Report Other Liabilities | true | ReportOtherLiabilities |
| Report Fin48 Footnote | true | ReportFin48Footnote |
| Independent Audit Financial Stmt | true | IndependentAuditFinancialStmt |
| Consolidated Audit Financial Stmt | true | ConsolidatedAuditFinancialStmt |
| School | false | School |
| Foreign Office | false | ForeignOffice |
| Foreign Activities | false | ForeignActivities |
| More Than5000 K To Organizations | false | MoreThan5000KToOrganizations |
| More Than5000 K To Individuals | false | MoreThan5000KToIndividuals |
| Professional Fundraising | false | ProfessionalFundraising |
| Fundraising Activities | false | FundraisingActivities |
| Gaming | false | Gaming |
| Hospital | false | Hospital |
| Grants To Organizations | false | GrantsToOrganizations |
| Grants To Individuals | false | GrantsToIndividuals |
| Schedule J Required | true | ScheduleJRequired |
| Tax Exempt Bonds | false | TaxExemptBonds |
| Excess Benefit Transaction | false | ExcessBenefitTransaction |
| Prior Excess Benefit Transaction | false | PriorExcessBenefitTransaction |
| Loan To Officer Or DQP | false | LoanToOfficerOrDQP |
| Grant To Related Person | false | GrantToRelatedPerson |
| Bsnss Rltnshp With Organization | false | BsnssRltnshpWithOrganization |
| Bsnss Rltnshp Thru Family Member | false | BsnssRltnshpThruFamilyMember |
| Officer Entity With Bsnss Rltnshp | false | OfficerEntityWithBsnssRltnshp |
| Deductible Non Cash Contributions | false | DeductibleNonCashContributions |
| Deductible Contributions Of Art | false | DeductibleContributionsOfArt |
| Terminated | false | Terminated |
| Partial Liquidation | false | PartialLiquidation |
| Disregarded Entity | false | DisregardedEntity |
| Related Entity | true | RelatedEntity |
| Related Org Controlled Entity | true | RelatedOrgControlledEntity |
| Transaction Related Entity | true | TransactionRelatedEntity |
| Transfers To Exempt Non Chrtbl Org | true | TransfersToExemptNonChrtblOrg |
| Activities Conducted Partnership | false | ActivitiesConductedPartnership |
| Schedule O Required | true | ScheduleORequired |
| Number Forms Transmitted With1096 | 17 | NumberFormsTransmittedWith1096 |
| Number W2 G Included | 0 | NumberW2GIncluded |
| Compliance With Backup Witholding | true | ComplianceWithBackupWitholding |
| Number Of Employees | 3 | NumberOfEmployees |
| Employment Tax Returns Filed | true | EmploymentTaxReturnsFiled |
| Unrelated Business Income | false | UnrelatedBusinessIncome |
| Foreign Financial Account | false | ForeignFinancialAccount |
| Prohibited Tax Shelter Trans | false | ProhibitedTaxShelterTrans |
| Taxable Party Notification | false | TaxablePartyNotification |
| Non Deductible Contributions | false | NonDeductibleContributions |
| Quid Pro Quo Contributions | false | QuidProQuoContributions |
| Form8282 Property Disposed Of | false | Form8282PropertyDisposedOf |
| Funds To Pay Premiums | false | FundsToPayPremiums |
| Premiums Paid | false | PremiumsPaid |
| Indoor Tanning Services | false | IndoorTanningServices |
| Info In Schedule O Part VI | X | InfoInScheduleOPartVI |
| Nbr Voting Governing Body Members | 15 | NbrVotingGoverningBodyMembers |
| Number Independent Voting Members | 14 | NumberIndependentVotingMembers |
| Family Or Business Relationship | false | FamilyOrBusinessRelationship |
| Delegation Of Management Duties | false | DelegationOfManagementDuties |
| Changes To Organizing Docs | false | ChangesToOrganizingDocs |
| Material Diversion Or Misuse | false | MaterialDiversionOrMisuse |
| Members Or Stockholders | false | MembersOrStockholders |
| Election Of Board Members | false | ElectionOfBoardMembers |
| Decisions Subject To Approval | false | DecisionsSubjectToApproval |
| Minutes Of Governing Body | true | MinutesOfGoverningBody |
| Minutes Of Committees | true | MinutesOfCommittees |
| Officer Mailing Address | false | OfficerMailingAddress |
| Local Chapters | false | LocalChapters |
| Form990 Provided To Governing Body | false | Form990ProvidedToGoverningBody |
| Conflict Of Interest Policy | true | ConflictOfInterestPolicy |
| Annual Disclosure Covered Persons | true | AnnualDisclosureCoveredPersons |
| Regular Monitoring Enforcement | true | RegularMonitoringEnforcement |
| Whistleblower Policy | true | WhistleblowerPolicy |
| Document Retention Policy | true | DocumentRetentionPolicy |
| Compensation Process CEO | true | CompensationProcessCEO |
| Compensation Process Other | true | CompensationProcessOther |
| Investment In Joint Venture | false | InvestmentInJointVenture |
| States Where Copy Of Return Is Filed | AL | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | AK | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | AZ | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | AR | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | CA | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | CO | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | CT | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | DC | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | FL | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | GA | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | HI | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | IL | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | KS | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | KY | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | ME | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | MD | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | MA | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | MI | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | MN | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | MS | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | NH | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | NJ | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | NM | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | NY | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | NC | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | ND | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | OH | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | OK | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | OR | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | PA | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | RI | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | SC | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | TN | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | UT | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | VA | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | WA | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | WV | StatesWhereCopyOfReturnIsFiled |
| States Where Copy Of Return Is Filed | WI | StatesWhereCopyOfReturnIsFiled |
| Upon Request | X | UponRequest |
The Books Are In Care Of TheBooksAreInCareOf
| Field | Value | IRS element (for citing) |
|---|---|---|
| Name Person | JEFF SMITH | NamePerson |
| Telephone Number | 6158725800 | TelephoneNumber |
Address US AddressUS
| Field | Value | IRS element (for citing) |
|---|---|---|
| Address Line1 | 53 CENTURY BLVD SUITE 250 | AddressLine1 |
| City | NASHVILLE | City |
| State | TN | State |
| ZIP Code | 372143682 | ZIPCode |
| Field | Value | IRS element (for citing) |
|---|---|---|
| Info In Schedule O Part VII | X | InfoInScheduleOPartVII |
Form990 Part VII Section A Form990PartVIISectionA (21 entries)
| TitleTitle | Average Hours Per WeekAverageHoursPerWeek | Individual Trustee Or DirectorIndividualTrusteeOrDirector | Reportable Comp From OrganizationReportableCompFromOrganization | Reportable Comp From Related OrgsReportableCompFromRelatedOrgs | Other CompensationOtherCompensation | OfficerOfficer | Key EmployeeKeyEmployee | Highest Compensated EmployeeHighestCompensatedEmployee |
|---|---|---|---|---|---|---|---|---|
| BRADLEY EIFFERT | ||||||||
| DIRECTOR | 1.0 | X | 0 | 17200 | 203 | |||
| SUNDER RAMANI | ||||||||
| DIRECTOR | 1.0 | X | 0 | 22000 | 203 | |||
| TIMOTHY CLAYTON | ||||||||
| CHAIRMAN | 1.0 | X | 0 | 34158 | 203 | |||
| RUTH LOPEZ NOVODOR | ||||||||
| DIRECTOR | 1.0 | X | 0 | 17300 | 203 | |||
| A JUNE LENNON | ||||||||
| DIRECTOR | 1.0 | X | 0 | 22000 | 135 | |||
| THOMAS MICHAEL NOBIS | ||||||||
| DIRECTOR | 1.0 | X | 0 | 17200 | 203 | |||
| MARIA COAKLEY DAVID | ||||||||
| DIRECTOR | 1.0 | X | 0 | 22377 | 203 | |||
| DAVID M GUERNSEY | ||||||||
| DIRECTOR | 1.0 | X | 0 | 22000 | 203 | |||
| NEVIN GROCE | ||||||||
| DIRECTOR | 1.0 | X | 0 | 17200 | 203 | |||
| BETTY NEIGHBORS | ||||||||
| DIRECTOR | 1.0 | X | 0 | 17200 | 203 | |||
| KURT SUMMERS | ||||||||
| DIRECTOR | 1.0 | X | 0 | 24877 | 203 | |||
| JAMES HERR | ||||||||
| DIRECTOR | 1.0 | X | 0 | 17200 | 203 | |||
| BRUCE O'DONOGHUE | ||||||||
| DIRECTOR | 1.0 | X | 0 | 16200 | 203 | |||
| STEVE SCHRAMM | ||||||||
| DIRECTOR | 1.0 | X | 0 | 17400 | 203 | |||
| DONALD A DANNER | ||||||||
| PRESIDENT/CEO | 1.0 | X | 0 | 701332 | 42344 | X | ||
| MARY BLASINSKY | ||||||||
| SVP/SECRETARY | 1.0 | 0 | 272700 | 38150 | X | |||
| TAMMY S BOEHMS | ||||||||
| SVP/CFO | 1.0 | 0 | 346185 | 25484 | X | |||
| JEFF SMITH | ||||||||
| TREASURER | 1.0 | 0 | 160757 | 17014 | X | |||
| KAREN R HARNED | ||||||||
| EXECUTIVE DIRECTOR | 40.0 | 197480 | 0 | 16000 | X | |||
| SUSAN M ECKERLY | ||||||||
| SVP | 5.0 | 0 | 289766 | 26838 | X | |||
| BETH MILITO | ||||||||
| SENIOR EXECUTIVE COUNSEL | 40.0 | 150415 | 0 | 5923 | X | |||
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total Reportable Comp From Org | 347895 | TotalReportableCompFromOrg |
| Total Reportable Comp Frm Rltd Orgs | 2055052 | TotalReportableCompFrmRltdOrgs |
| Total Other Compensation | 174527 | TotalOtherCompensation |
| Number Individuals GT100 K | 2 | NumberIndividualsGT100K |
| Formers Listed | false | FormersListed |
| Total Comp GT150 K | true | TotalCompGT150K |
| Compensation From Other Sources | false | CompensationFromOtherSources |
Contractor Compensation ContractorCompensation (3 entries)
| Address Line1AddressOfContractor/AddressUS/AddressLine1 | CityAddressOfContractor/AddressUS/City | StateAddressOfContractor/AddressUS/State | ZIP CodeAddressOfContractor/AddressUS/ZIPCode | Description Of ServicesDescriptionOfServices | CompensationCompensation |
|---|---|---|---|---|---|
| JONES DAY | |||||
| 51 LOUISIANA AVE NW | WASHINGTON | DC | 20001 | LEGAL SERVICES | 1240730 |
| RANDY E BARNETT | |||||
| 1745 SWANN STREET NW | WASHINGTON | DC | 20009 | LEGAL SERVICES | 401756 |
| CREATIVE RESPONSE CONCEPTS | |||||
| 2760 EISENHOWER AVE 4TH FLOOR | ALEXANDRIA | VA | 22314 | PUBLIC RELATIONS | 203701 |
| Field | Value | IRS element (for citing) |
|---|---|---|
| Number Of Contractors GT100 K | 3 | NumberOfContractorsGT100K |
| Related Organizations | 397039 | RelatedOrganizations |
| All Other Contributions | 2711838 | AllOtherContributions |
| Total Contributions | 3108877 | TotalContributions |
| Total Program Service Revenue | 0 | TotalProgramServiceRevenue |
Investment Income InvestmentIncome
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total Revenue Column | 551 | TotalRevenueColumn |
| Related Or Exempt Function Income | 0 | RelatedOrExemptFunctionIncome |
| Unrelated Business Revenue | 0 | UnrelatedBusinessRevenue |
| Exclusion | $551 | ExclusionAmount |
Income From Invest Bond Proceeds IncomeFromInvestBondProceeds
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total Revenue Column | 0 | TotalRevenueColumn |
Royalties Revenue RoyaltiesRevenue
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total Revenue Column | 0 | TotalRevenueColumn |
Net Gain Or Loss Investments NetGainOrLossInvestments
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total Revenue Column | 0 | TotalRevenueColumn |
Net Income From Fundraising Events NetIncomeFromFundraisingEvents
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total Revenue Column | 0 | TotalRevenueColumn |
Net Income From Gaming NetIncomeFromGaming
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total Revenue Column | 0 | TotalRevenueColumn |
Net Income Or Loss NetIncomeOrLoss
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total Revenue Column | 0 | TotalRevenueColumn |
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total Other Revenue | 0 | TotalOtherRevenue |
Total Revenue TotalRevenue
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total Revenue Column | 3109428 | TotalRevenueColumn |
| Related Or Exempt Function Income | 0 | RelatedOrExemptFunctionIncome |
| Unrelated Business Revenue | 0 | UnrelatedBusinessRevenue |
| Exclusion | $551 | ExclusionAmount |
Grants To Domestic Orgs GrantsToDomesticOrgs
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 0 | Total |
Grants To Domestic Individuals GrantsToDomesticIndividuals
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 0 | Total |
Foreign Grants ForeignGrants
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 0 | Total |
Benefits To Members BenefitsToMembers
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 0 | Total |
Comp Current Officers Directors CompCurrentOfficersDirectors
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 213480 | Total |
| Program Services | 213480 | ProgramServices |
Comp Disqual Persons CompDisqualPersons
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 0 | Total |
Other Salaries And Wages OtherSalariesAndWages
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 247514 | Total |
| Program Services | 247514 | ProgramServices |
Pension Plan Contributions PensionPlanContributions
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 0 | Total |
Other Employee Benefits OtherEmployeeBenefits
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 54006 | Total |
| Program Services | 54006 | ProgramServices |
Payroll Taxes PayrollTaxes
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 26732 | Total |
| Program Services | 26732 | ProgramServices |
Fees For Services Management FeesForServicesManagement
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 0 | Total |
Fees For Services Legal FeesForServicesLegal
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 1925525 | Total |
| Program Services | 1917373 | ProgramServices |
| Fundraising | 8152 | Fundraising |
Fees For Services Accounting FeesForServicesAccounting
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 11850 | Total |
| Management And General | 11850 | ManagementAndGeneral |
Fees For Services Lobbying FeesForServicesLobbying
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 0 | Total |
Fees For Services Prof Fundraising FeesForServicesProfFundraising
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 10280 | Total |
| Fundraising | 10280 | Fundraising |
Fees For Services Invst Mgmnt Fees FeesForServicesInvstMgmntFees
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 0 | Total |
Fees For Services Other FeesForServicesOther
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 248850 | Total |
| Program Services | 149766 | ProgramServices |
| Fundraising | 99084 | Fundraising |
Advertising Advertising
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 2647 | Total |
| Program Services | 2555 | ProgramServices |
| Management And General | 92 | ManagementAndGeneral |
Office Expenses OfficeExpenses
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 187457 | Total |
| Program Services | 31583 | ProgramServices |
| Management And General | 12101 | ManagementAndGeneral |
| Fundraising | 143773 | Fundraising |
Information Technology InformationTechnology
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 0 | Total |
Royalties Royalties
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 0 | Total |
Occupancy Occupancy
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 0 | Total |
Travel Travel
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 24448 | Total |
| Program Services | 16075 | ProgramServices |
| Management And General | 8009 | ManagementAndGeneral |
| Fundraising | 364 | Fundraising |
Travel Entrtnmnt Public Officials TravelEntrtnmntPublicOfficials
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 0 | Total |
Conferences Meetings ConferencesMeetings
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 3530 | Total |
| Program Services | 1210 | ProgramServices |
| Management And General | 2320 | ManagementAndGeneral |
Interest Interest
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 0 | Total |
Payments To Affiliates PaymentsToAffiliates
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 0 | Total |
Depreciation Depletion DepreciationDepletion
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 0 | Total |
Insurance Insurance
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 0 | Total |
Total Functional Expenses TotalFunctionalExpenses
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total | 2956319 | Total |
| Program Services | 2660294 | ProgramServices |
| Management And General | 34372 | ManagementAndGeneral |
| Fundraising | 261653 | Fundraising |
Cash Non Interest Bearing CashNonInterestBearing
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 0 | BOY |
| EOY | 0 | EOY |
Savings And Temp Cash Investments SavingsAndTempCashInvestments
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 204041 | BOY |
| EOY | 572932 | EOY |
Pledges And Grants Receivable PledgesAndGrantsReceivable
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 0 | BOY |
| EOY | 8798 | EOY |
Accounts Receivable AccountsReceivable
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 157257 | BOY |
| EOY | 541 | EOY |
Receivables From Officers Etc ReceivablesFromOfficersEtc
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 0 | BOY |
| EOY | 0 | EOY |
Receivables From Disqual Persons ReceivablesFromDisqualPersons
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 0 | BOY |
| EOY | 0 | EOY |
Other Notes Loans Receivable Net OtherNotesLoansReceivableNet
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 0 | BOY |
| EOY | 0 | EOY |
Inventories For Sale Or Use InventoriesForSaleOrUse
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 0 | BOY |
| EOY | 0 | EOY |
Prepaid Expenses Deferred Charges PrepaidExpensesDeferredCharges
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 0 | BOY |
| EOY | 0 | EOY |
Land Buildings Equipment Basis Net LandBuildingsEquipmentBasisNet
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 0 | BOY |
Investments Pub Traded Securities InvestmentsPubTradedSecurities
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 0 | BOY |
| EOY | 0 | EOY |
Investments Other Securities InvestmentsOtherSecurities
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 0 | BOY |
| EOY | 0 | EOY |
Investments Program Related InvestmentsProgramRelated
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 0 | BOY |
| EOY | 0 | EOY |
Intangible Assets IntangibleAssets
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 0 | BOY |
| EOY | 0 | EOY |
Other Assets Total OtherAssetsTotal
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 48253 | BOY |
| EOY | 117813 | EOY |
Total Assets TotalAssets
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 409551 | BOY |
| EOY | 700084 | EOY |
Accounts Payable Accrued Expenses AccountsPayableAccruedExpenses
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 199051 | BOY |
| EOY | 341119 | EOY |
Grants Payable GrantsPayable
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 0 | BOY |
| EOY | 0 | EOY |
Deferred Revenue DeferredRevenue
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 0 | BOY |
| EOY | 0 | EOY |
Tax Exempt Bond Liabilities TaxExemptBondLiabilities
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 0 | BOY |
| EOY | 0 | EOY |
Escrow Account Liability EscrowAccountLiability
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 0 | BOY |
| EOY | 0 | EOY |
Loans From Officers Directors LoansFromOfficersDirectors
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 0 | BOY |
| EOY | 0 | EOY |
Mort Notes Pybl Secured Invest Prop MortNotesPyblSecuredInvestProp
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 0 | BOY |
| EOY | 0 | EOY |
Unsecured Notes Loans Payable UnsecuredNotesLoansPayable
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 0 | BOY |
| EOY | 0 | EOY |
Other Liabilities OtherLiabilities
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 40161 | BOY |
| EOY | 35517 | EOY |
Total Liabilities TotalLiabilities
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 239212 | BOY |
| EOY | 376636 | EOY |
| Field | Value | IRS element (for citing) |
|---|---|---|
| Follow SFAS117 | X | FollowSFAS117 |
Unrestricted Net Assets UnrestrictedNetAssets
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 155339 | BOY |
| EOY | 323448 | EOY |
Temporarily Restricted Net Assets TemporarilyRestrictedNetAssets
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 15000 | BOY |
| EOY | 0 | EOY |
Permanently Restricted Net Assets PermanentlyRestrictedNetAssets
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 0 | BOY |
| EOY | 0 | EOY |
Total Net Assets Fund Balances TotalNetAssetsFundBalances
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 170339 | BOY |
| EOY | 323448 | EOY |
Total Liab Net Assets Fund Balances TotalLiabNetAssetsFundBalances
| Field | Value | IRS element (for citing) |
|---|---|---|
| BOY | 409551 | BOY |
| EOY | 700084 | EOY |
| Field | Value | IRS element (for citing) |
|---|---|---|
| Reconcilation Revenue Expenses | 153109 | ReconcilationRevenueExpenses |
| Method Of Accounting Accrual | X | MethodOfAccountingAccrual |
| Accountant Compile Or Review | false | AccountantCompileOrReview |
| FS Audited | true | FSAudited |
| Audit Committee | false | AuditCommittee |
| Financial Statement Both | X | FinancialStatementBoth |
| Federal Grant Audit Required | false | FederalGrantAuditRequired |
Schedule A IRS990ScheduleA
| Field | Value | IRS element (for citing) |
|---|---|---|
| Supporting Organization509a3 | X | SupportingOrganization509a3 |
| Supporting Org509a3 Type1 | X | SupportingOrg509a3Type1 |
| Certification Checkbox | X | CertificationCheckbox |
| Contrib By Controlling Individual | false | ContribByControllingIndividual |
| Contribution By Related Party | false | ContributionByRelatedParty |
| Contrib By35 Controlled Entity | false | ContribBy35ControlledEntity |
Supported Org Information SupportedOrgInformation
Name Name
| Field | Value | IRS element (for citing) |
|---|---|---|
| Business Name Line1 | NFIB INC | BusinessNameLine1 |
| Field | Value | IRS element (for citing) |
|---|---|---|
| EIN | 940707299 | EIN |
| Type Of Organization | 0 | TypeOfOrganization |
| Listed In Governing Doc | true | ListedInGoverningDoc |
| Amount | $0 | Amount |
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total Number Of Supported Orgs | 1 | TotalNumberOfSupportedOrgs |
Schedule B IRS990ScheduleB
Contributor Info ContributorInfo
| Field | Value | IRS element (for citing) |
|---|---|---|
| Contributor Number | RESTRICTED | ContributorNumber |
Contributor Name Business ContributorNameBusiness
| Field | Value | IRS element (for citing) |
|---|---|---|
| Business Name Line1 | RESTRICTED | BusinessNameLine1 |
Contributor Address US ContributorAddressUS
| Field | Value | IRS element (for citing) |
|---|---|---|
| Address Line1 | RESTRICTED | AddressLine1 |
| Address Line2 | RESTRICTED | AddressLine2 |
| City | RESTRICTED | City |
| State | RESTRICTED | State |
| ZIP Code | RESTRICTED | ZIPCode |
| Field | Value | IRS element (for citing) |
|---|---|---|
| Aggregate Contributions | RESTRICTED | AggregateContributions |
Schedule D IRS990ScheduleD
| Field | Value | IRS element (for citing) |
|---|---|---|
| Art Public Exhibition Amts | ArtPublicExhibitionAmts | |
| Held Works Of Art Amts | HeldWorksOfArtAmts | |
| Current Year Minus3 Years | CurrentYearMinus3Years | |
| Land | Land | |
| Buildings | Buildings | |
| Leasehold Improvements | LeaseholdImprovements | |
| Equipment | Equipment | |
| Other Land Buildings | OtherLandBuildings |
Other Assets OtherAssets
| Field | Value | IRS element (for citing) |
|---|---|---|
| Description | DUE FROM AFFILIATES | Description |
| Book Value | 117813 | BookValue |
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total Book Value Other Assets | 117813 | TotalBookValueOtherAssets |
| Federal Income Tax Liability | 0 | FederalIncomeTaxLiability |
Other Liabilities OtherLiabilities (3 entries)
| DescriptionDescription | AmountAmount |
|---|---|
| DUE TO AFFILIATES | $16,837 |
| PAYROLL TAX LIABILITY | $3,660 |
| VACATION ACCRUAL | $15,020 |
| Field | Value | IRS element (for citing) |
|---|---|---|
| Total Of Amounts | 35517 | TotalOfAmounts |
| Total Revenue | 3109428 | TotalRevenue |
| Total Expenses | 2956319 | TotalExpenses |
| Excess Or Deficit For Year | 153109 | ExcessOrDeficitForYear |
| Excess Or Deficit Per FS | 153109 | ExcessOrDeficitPerFS |
| Tot Revenue Etc Audited Fincl Stmt | 3333465 | TotRevenueEtcAuditedFinclStmt |
| Donated Srvc And Use Of Facilities | 224037 | DonatedSrvcAndUseOfFacilities |
| Revenue Not Rptd F990 | 224037 | RevenueNotRptdF990 |
| Revenue Subtotal | 3109428 | RevenueSubtotal |
| Total Revenue Per Form990 | 3109428 | TotalRevenuePerForm990 |
| Tot Expenses Etc Audited Fincl Stmt | 3180356 | TotExpensesEtcAuditedFinclStmt |
| Donated Services Use Of Facilities | 224037 | DonatedServicesUseOfFacilities |
| Expenses Not Rptd F990 | 224037 | ExpensesNotRptdF990 |
| Expenses Subtotal | 2956319 | ExpensesSubtotal |
| Total Expenses Per Form990 | 2956319 | TotalExpensesPerForm990 |
Form990 Schedule D Part XIV Form990ScheduleDPartXIV
| Field | Value | IRS element (for citing) |
|---|---|---|
| Identifier | FIN 48 (ASC TOPIC 740) FOOTNOTE | Identifier |
| Return Reference | SCHEDULE D, XIV | ReturnReference |
| Explanation | THE LEGAL CENTER IS EXEMPT FROM THE PAYMENT OF INCOME TAXES ON RELATED INCOME UNDER THE PROVISIONS OF SECTION 501(A) OF THE INTERNAL REVENUE CODE AS AN ENTITY DESCRIBED UNDER 501(C)(3). THE LEGAL CENTER IS, HOWEVER, SUBJECT TO FEDERAL AND STATE INCOME TAX ON UNRELATED BUSINESS INCOME. THE LEGAL CENTER DID NOT HAVE ANY MATERIAL UNRELATED BUSINESS INCOME TAX LIABILITY FOR THE THE YEARS ENDED DECEMBER 31, 2011 AND 2010; NOR DID THE LEGAL CENTER HAVE ANY SIGNIFICANT UNCERTAIN TAX POSITIONS FOR THE YEARS ENDED DECEMBER 31, 2011 AND 2010. | Explanation |
Schedule J IRS990ScheduleJ
| Field | Value | IRS element (for citing) |
|---|---|---|
| Discretionary Spending Account | X | DiscretionarySpendingAccount |
| Written Policy Re T And E Expenses | true | WrittenPolicyReTAndEExpenses |
| Substantiation Required | true | SubstantiationRequired |
| Severance Payment | false | SeverancePayment |
| Supplemental Nonqual Retire Plan | true | SupplementalNonqualRetirePlan |
| Equity Based Comp Arrangement | false | EquityBasedCompArrangement |
| Comp Based On Revenue Of Filing Org | false | CompBasedOnRevenueOfFilingOrg |
| Comp Based On Revenue Related Orgs | false | CompBasedOnRevenueRelatedOrgs |
| Comp Based Net Earnings Filing Org | false | CompBasedNetEarningsFilingOrg |
| Comp Based Net Earnings Relate Orgs | false | CompBasedNetEarningsRelateOrgs |
| Any Non Fixed Payments | true | AnyNonFixedPayments |
| Initial Contract Exception | false | InitialContractException |
Form990 Schedule J Part II Form990ScheduleJPartII (7 entries)
| Base Compensation Filing OrgBaseCompensationFilingOrg | Comp Based On Related OrgsCompBasedOnRelatedOrgs | Bonus Filing OrgBonusFilingOrg | Bonus Related OrgsBonusRelatedOrgs | Other Compensation Filing OrgOtherCompensationFilingOrg | Other Compensation Related OrgsOtherCompensationRelatedOrgs | Deferred Comp Filing OrgDeferredCompFilingOrg | Deferred Comp Related OrgsDeferredCompRelatedOrgs | Nontaxable Benefits Filing OrgNontaxableBenefitsFilingOrg | Nontaxable Benefits Related OrgsNontaxableBenefitsRelatedOrgs | Total Compensation Filing OrgTotalCompensationFilingOrg | Total Compensation Related OrgsTotalCompensationRelatedOrgs |
|---|---|---|---|---|---|---|---|---|---|---|---|
| MARY BLASINSKY | |||||||||||
| 0 | 212924 | 0 | 48074 | 0 | 11702 | 0 | 14274 | 0 | 23876 | 0 | 310850 |
| TAMMY S BOEHMS | |||||||||||
| 0 | 277426 | 0 | 60126 | 0 | 8633 | 0 | 11048 | 0 | 14436 | 0 | 371669 |
| KAREN R HARNED | |||||||||||
| 182509 | 0 | 13291 | 0 | 1680 | 0 | 2053 | 0 | 13947 | 0 | 213480 | 0 |
| BETH MILITO | |||||||||||
| 142643 | 0 | 6092 | 0 | 1680 | 0 | 5252 | 0 | 671 | 0 | 156338 | 0 |
| JEFF SMITH | |||||||||||
| 0 | 146001 | 0 | 13370 | 0 | 1386 | 0 | 7962 | 0 | 9052 | 0 | 177771 |
| SUSAN M ECKERLY | |||||||||||
| 0 | 230526 | 0 | 56000 | 0 | 3240 | 0 | 10817 | 0 | 16021 | 0 | 316604 |
| DONALD A DANNER | |||||||||||
| 0 | 508752 | 0 | 150050 | 0 | 42530 | 0 | 11739 | 0 | 30605 | 0 | 743676 |
Form990 Schedule J Part III Form990ScheduleJPartIII (4 entries)
| IdentifierIdentifier | Return ReferenceReturnReference | ExplanationExplanation |
|---|---|---|
| DISCRETIONARY SPENDING ACCOUNT | SCHEDULE J, PART I, LINE 1 | THE EXECUTIVE DIRECTOR AND SENIOR EXECUTIVE COUNSEL OF THE COMPANY RECEIVE CELLULAR PHONE/DATA SERVICE ALLOWANCE. IN COMPLIANCE WITH IRS CODE SECTION 132, THESE FRINGE BENEFITS ARE TREATED AS TAXABLE SALARY, SUBJECT TO WITHHOLDING, ON THE EMPLOYEE'S W-2. |
| COMPENSATION ESTABLISHED BY RELATED ORGANIZATION | SCHEDULE J, PART I, LINE 3 | NFIB SMALL BUSINESS LEGAL CENTER RELIES ON THE NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC., A RELATED ORGANIZATION, TO ESTABLISH THE CEO/EXECUTIVE DIRECTOR'S COMPENSATION. NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC. USES ONE OR MORE OF THE METHODS DESCRIBED ON SCHEDULE J, LINE 3 TO ESTABLISH THE CEO/EXECUTIVE DIRECTOR'S COMPENSATION. |
| SUPPLEMENTAL NONQUALIFIED RETIREMENT PLAN | SCHEDULE J, LINE 4B | THE NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC. PROVIDES SUPPLEMENTAL EXECUTIVE RETIREMENT PLANS (SERPS). THESE NONQUALIFIED PLANS COVER CERTAIN KEY MANAGMENT AND EXECUTIVE PERSONNEL. PARTICIPATION IN ALL SERPS HAS BEEN FROZEN AND FUTURE BENEFIT ACCRUALS FOR THE PLANS HAVE CEASED. NO PAYMENTS WERE MADE TO ANY SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN IN 2011. |
| INCENTIVE COMPENSATION PLAN | SCHEDULE J, LINE 7 | THE EXECUTIVE DIRECTOR AND SENIOR EXECUTIVE COUNSEL OF NFIB SMALL BUSINESS LEGAL CENTER PARTICIPATE IN AN INCENTIVE COMPENSATION PLAN WITH A PORTION OF THE INCENTIVE BASED ON MANAGEMENT'S REVIEW OF THEIR PERFORMANCE DURING THE YEAR. |
Schedule O IRS990ScheduleO
General Explanation GeneralExplanation (15 entries)
| IdentifierIdentifier | Return ReferenceReturnReference | ExplanationExplanation |
|---|---|---|
| VOLUNTEERS | FORM 990, PART I, LINE 6 | IN 2011, THE NFIB SMALL BUSINESS LEGAL CENTER USED THE SERVICES OF TWENTY FIVE VOLUNTEERS. THE LEGAL CENTER HAS A FOURTEEN MEMBER ADVISORY BOARD CONSISTING OF PRO BONO ATTORNEYS ADVISING THE LEGAL CENTER OF WHICH CASES TO GET INVOLVED IN HELPING SMALL BUSINESSES. THE LEGAL CENTER ALSO HAD SEVEN PRO BONO ATTORNEYS WRITE LEGAL BRIEFS FOR THE CENTER. FOUR ADDITIONAL ATTORNEYS ACTED IN PRESENTING WEBINARS TO NFIB MEMBERS REGARDING SMALL BUSINESS LEGAL ISSUES. |
| SUMMARY OF LEGAL CASES FOR 2011 | FORM 990, PART III, LINE 4a | APAC-TENNESSEE, INC. V. BRYANT - LIMITING NONECONOMIC DAMAGE AWARDS MISSISSIPPI SUPREME COURT APAC-TENNESSEE, INC. V. BRYANT CONCERNS THE CONSTITUTIONALITY OF MISSISSIPPI'S $1 MILLION LIMIT ON NONECONOMIC DAMAGES IN GENERAL CIVIL ACTIONS. NFIB SUPPORTS THE LIMIT ON NONECONOMIC DAMAGES IN THESE TYPES OF CASES. THIS IS THE SECOND APPEAL PENDING BEFORE THE MISSISSIPPI SUPREME COURT INVOLVING THE CONSTITUTIONALITY OF THE CAP. STATUS: PENDING. AMICUS BRIEF FILED. AUTOMOTIVE UNITED TRADES ORGANIZATION (AUTO) V. WASHINGTON - GAS TAX CHALLENGE WASHINGTON SUPREME COURT GAS STATION OWNERS ARE SUING WASHINGTON FOR $90 MILLION IN FUEL TAX FUNDS THAT THEY SAY HAVE BEEN UNLAWFULLY PAID TO INDIAN TRIBES. AUTO SEEKS TO STOP THE STATE FROM PAYING THE TRIBES REFUND ON THE GAS TAX BECAUSE THE TRIBES DID NOT PAY THE TAXES WHICH THE STATE IS ISSUING REFUNDS. THE TAX REFUNDS PERMIT TRIBAL GAS STATIONS TO SELL FUEL AT A MUCH LOWER PRICE (AROUND 5 CENTS PER GALLON LESS). MIXED IN WITH THIS IS A DIFFICULT PROCEDURAL ISSUE WHERE THE COUNTY JUDGE DISMISSED THE CASE SINCE TRIBES CANNOT BE SUED IN STATE OR FEDERAL COURT. HOWEVER, AUTO ARGUES THAT THE TRIBES ARE INDISPENSABLE PARTIES TO THE SUIT WHERE THE SUIT CANNOT BE LITIGATED FAIRLY AND COMPLETELY IN THEIR ABSENCE. STATUS: PENDING. AMICUS BRIEF FILED 7/5/11. COURT GRANTED REVIEW 9/8/11. BARABIN V. ASTENJOHNSON - ANY ASBESTOS EXPOSURE TOO SPECULATIVE TO HOLD DEFENDANT LIABLE U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT PLAINTIFF BARABIN ARGUES THAT HE CAN SUE AND WIN BASED ON "ANY EXPOSURE" TO ASBESTOS NO MATTER HOW MINUTE. HERE, PLAINTIFF WAS EXPOSED TO ASBESTOS IN 1974 WHEN HE CAME INTO CONTACT WITH A PAPER MACHINE PART THAT CONTAINED TRACE AMOUNTS OF ASBESTOS, BUT HE IS UNABLE TO CONFIRM THAT DEFENDANT MANUFACTURED THE PART. STATUS: PENIDNG. AMICUS BRIEF FILED 05/26/11. BETZ V. PNEUMO ABEX - LEGAL REFORM PENNSYLVANIA SUPREME COURT THE CASE INVOLVES A KEY ISSUE IN ASBESTOS LITIGATION TODAY - THE "ANY EXPOSURE" THEORY OF CAUSATION. THE PA SUPERIOR COURT AUTHORED ONE OF THE MORE THOUGHTFUL OPINIONS EXPLAINING WHY THIS THEORY BEING PROMOTED BY PAID EXPERTS FOR PLAINTIFFS IS "JUNK SCIENCE." THE APPELLATE COURT REVERSED. THE APPEAL TO THE PA SUPREME COURT ASKS THE COURT TO REINSTATE THE SUPERIOR COURT OPINION. STATUS: DECIDED. AMICUS BRIEF FILED 4/22/11. THE PENNSYLVANIA SUPREME COURT REVERSED THE GRANT OF SUMMARY JUDGMENT TO BRAKE MANUFACTURERS. BRINKER V. SUPERIOR COURT - EXPANSION OF MANDATORY MEAL AND REST BREAK CALIFORNIA SUPREME COURT VOIDING A TRIAL COURT'S 2006 DECISION THAT AN ESTIMATED 59,000 TO 63,000 CURRENT AND FORMER EMPLOYEES COULD JOIN A LAWSUIT AGAINST THE DALLAS-BASED COMPANY, THE CALIFORNIA 4TH DISTRICT COURT OF APPEAL RULED THAT EMPLOYER BRINKER ONLY HAD TO "MAKE AVAILABLE" MEAL AND REST BREAKS TO ITS WORKERS, NOT TO "ENSURE" THE BREAKS WERE TAKEN. THE APPELLATE COURT RULED THAT EMPLOYERS NEED ONLY MAKE MEAL BREAKS AVAILABLE TO EMPLOYEES; IF THE EMPLOYEE FOR SOME REASON DOESN'T WANT TO TAKE IT OR VOLUNTARILY WORKS THROUGH IT, THE EMPLOYER CANNOT BE PENALIZED. THE EMPLOYEES HAVE APPEALED THE DECISION TO THE STATE SUPREME COURT. STATUS: PENDING. AMICUS BRIEF FILED ON 8/19/09. BUSINESS FOR A BETTER NY V. NY DEPT. OF LABOR - URGING REPEAL OF STRICT LIABILITY U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT PLAINTIFFS HAVE CHALLENGED NEW YORK'S INFAMOUS LABOR LAW 240-241, A.K.A. "LADDER LAW" OR "SCAFFOLD LAW", WHICH PROVIDES THAT CONTRACTORS ASSUME TOTAL LIABILITY FOR EMPLOYEE INJURIES REGARDLESS OF FAULT OR WORK CONDITIONS. NEW YORK IS THE ONLY STATE THAT STILL HAS SUCH A LAW ON THE BOOKS; MOST OTHERS HAVE A "COMPARATIVE NEGLIGENCE" STATUTE, WHICH PARTITIONS LAWSUITS ACCORDING TO BLAME. A BUSINESS ALLIANCE HAS CHALLENGED THE LAW ON CONSTITUTIONAL GROUNDS AND ALSO ARGUED THAT FEDERAL OSHA PREEMPTS. STATUS: PENDING. BRIEF IN SUPPORT OF BBNY FILED ON 07/31/07. DISTRICT COURT DISMISSED CHALLENGE AND APPEAL FILED IN THE U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT. BRIEF IN SUPPORT OF BBNY FILED WITH APPELLATE COURT ON 12/21/07. ORAL ARGUMENTS HEARD IN U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT ON MAY 21, 2009. CHERRY V. SHAW COASTAL - LABOR & EMPLOYMENT AND TITLE VII U.S. FIFTH CIRCUIT COURT OF APPEALS THE DISTRICT COURT DISMISSED PLAINTIFF'S LAWSUIT BROUGHT UNDER TITLE VII CLAIMING A SAME-SEX HOSTILE WORK ENVIRONMENT. WHILE NFIB CONCEDES THE EMPLOYEE ACCUSED OF CREATING THE HOSTILE ENVIRONMENT WAS APPROPRIATELY TERMINATED AND THAT HIS CONDUCT WAS RUDE AND OBNOXIOUS, NFIB BELIEVES HIS CONDUCT DOES NOT REPRESENT AN ACTIONABLE LEGAL CLAIM UNDER TITLE VII. NFIB URGED THE FIFTH CIRCUIT TO REINFORCE THE WELL-SETTLED PRINCIPLE THAT TITLE VII IS NOT A GENERAL CIVILITY CODE. CONDUCT MUST BE SEVERE OR PERSUASIVE TO BE ACTIONABLE. STATUS: PENDING. AMICUS BRIEF FILED 6/22/11. COLE V. HARVEYLAND - STATE EMPLOYMENT LAW EXEMPTION FOR SMALL BUSINESS WASHINGTON COURT OF APPEALS THE ISSUE IS WHETHER WASHINGTON COURTS HAVE JURISDICTION TO HEAR EMPLOYMENT DISCRIMINATION SUITS AGAINST EMPLOYERS WITH FEWER THAN EIGHT EMPLOYEES. THE WASHINGTON LAW AGAINST DISCRIMINATION SAYS THAT SMALL EMPLOYERS ARE EXEMPT FROM THE LAW. THE COURT WILL DETERMINE WHETHER THE EXEMPTION OPERATES AS A JURISDICTIONAL BAR. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF EMPLOYER ON 11/1/10. COLONY COVE V. CITY OF CARSON - PROPERTY RIGHTS AND JUDICIAL REVIEW U.S. SUPREME COURT - CERT. PETITION NFIB JOINED A PETITION THAT URGED THE SUPREME COURT TO OVERTURN PRECEDENT REQUIRING PROPERTY OWNERS TO RIPEN THEIR CLAIMS FOR JUST COMPENSATION IN STATE COURT AS A PREREQUISITE FOR A CLAIM UNDER 42 U.S.C. 1983. THE BRIEF WOULD DISCUSS THE TENSION BETWEEN THE INTENT OF 1983 AND THE SUBSEQUENT MIX OF STATUTE AND PRECEDENT THAT EFFECTIVELY BLOCKS PROPERTY OWNERS FROM A HEARING IN FEDERAL COURT. STATUS: PENDING. AMICUS BRIEF FILED 9/14/11. COMER V. MURPHY OIL USA - LIABILITY FOR GREENHOUSE GAS EMISSIONS U.S. COURT OF APPEALS FOR THE FIFTH CIRCUIT MISSISSIPPI RESIDENT NED COMER IS THE LEAD PLAINTIFF IN THIS CLASS-ACTION LAWSUIT DEMANDING MAJOR DAMAGE PAYMENTS FROM A HOST OF ENERGY COMPANIES ON THE THEORY THAT THE COMPANIES' CARBON EMISSIONS CONTRIBUTED TO GLOBAL WARMING, WHICH IN TURN SUPPOSEDLY CAUSED A STRENGTHENING OF HURRICANE KATRINA, WHICH DAMAGED THEIR PROPERTIES IN 2005. THE DISTRICT COURT DISMISSED THE SUIT. STATUS: PENDING. AMICUS BRIEF FILED 5/7/10. THE APPEAL IS DISMISSED BECAUSE ANOTHER JUDGE RECUSED HIMSELF, DEPRIVING THE EN BANC COURT OF THE QUORUM TO HEAR THE CASE. CRV V. UNITED STATES - GOVERNMENT TAKINGS U.S. SUPREME COURT - CERT. PETITION IN 1999 THE EPA ISSUED A DECISION TO CLEAN UP A COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT SITE ON THE SOUTH SHORE OF THE OLD MORMON SLOUGH IN STOCKTON, CALIFORNIA. THE DECISION STATED THAT THE EPA MIGHT INSTALL A LOG BOOM TO CUT OFF NAVIGATION IN THE WATERS OF THE SLOUGH. FOLLOWING ISSUANCE OF THIS DECISION, CRV ENTERPRISES ACQUIRED A PROPERTY ON THE NORTH SHORE OF THE SLOUGH. THE PROPERTY INCLUDED A MARINA AND CRV INTENDED TO CONTINUE OPERATING THE MARINA. IN 2006 THE EPA INSTALLED A LOG BOOM IN THE WATERS OF THE SLOUGH, CUTTING OFF NAVIGATION TO AND FROM CRV'S MARINA. IN RESPONSE, CRV FILED A TAKINGS CLAIM IN THE COURT OF FEDERAL CLAIMS SEEKING JUST COMPENSATION FOR THE LOSS OF ITS RIGHT OF ACCESS TO NAVIGABLE WATERS. STATUS: DECIDED. AMICUS BRIEF FILED 4/22/11. CERT DENIED BY THE SUPREME COURT ON 5/16/11. |
| SUMMARY OF LEGAL CASES FOR 2011 (CONT.) | DOWNING/SALT POND V. RHODE ISLAND - CHALLENGING STATE TAKING IN FEDERAL COURT U.S. SUPREME COURT - CERT. PETITION NFIB JOINED A PETITION THAT URGED THE SUPREME COURT TO OVERTURN PRECEDENT REQUIRING PROPERTY OWNERS TO RIPEN THEIR CLAIMS FOR JUST COMPENSATION IN STATE COURT AS A PREREQUISITE FOR A CLAIM UNDER 42 U.S.C. 1983. THE BRIEF WOULD DISCUSS THE TENSION BETWEEN THE INTENT OF 1983 AND THE SUBSEQUENT MIX OF STATUTE AND PRECEDENT THAT EFFECTIVELY BLOCKS PROPERTY OWNERS FROM A HEARING IN FEDERAL COURT. (RELATED CASE COLONY COVE). STATUS: PENDING. AMICUS BRIEF FILED 9/23/11. EEOC V. CRST VAN EXPEDITED - ATTORNEY FEES ASSESSED AGAINST EEOC U.S. COURT OF APPEALS FOR THE 8TH CIRCUIT THE EEOC FILED A SERIES OF CLAIMS AGAINST TRUCKING COMPANY CRST VAN EXPEDITED, ALLEGING SEXUAL HARASSMENT OF FEMALE EMPLOYEES. THE DISTRICT COURT DISMISSED THE CASE, FINDING THE EEOC HAD FAILED TO INVESTIGATE AND CONSOLIDATE INDIVIDUAL CLAIMS PRIOR TO BRINGING THE TITLE VII LAWSUIT. THE JUDGE DID NOT APPRECIATE THE EEOC'S LITIGATION STRATEGY OF 'SUE FIRST, ASK QUESTIONS LATER' AND ISSUED AN ORDER REQUIRING THE EEOC TO PAY MORE THAN $4.5 MILLION DOLLARS IN COSTS AND ATTORNEYS FEES TO THE TRUCKING COMPANY. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF DEFENDANT ON 9/7/10. ELKIN HILLS POWER V. CALIFORNIA - TAXATION OF INTANGIBLE PROPERTY 4TH APPELLATE DISTRICT NFIB URGED THE APPELLATE COURT TO REVIEW A LOWER COURT DECISION THAT, IN VIOLATION OF THE CALIFORNIA CONSTITUTION, PERMITTED THE TAXATION OF INTANGIBLE PROPERTY. STATUS: PENDING. AMICUS LETTER FILED ON 8/4/11. EXXONMOBIL V. NYC - CAUSATION IS ATTACKED BY DEFENDANT'S APPEAL COURT OF APPEALS FOR THE SECOND CIRCUIT EXXON HAS APPEALED ITS $100 MILLION JURY VERDICT REGARDING MTBE. THE AMICUS BRIEF FILED IN SUPPORT OF EXXON MAINTAINS THAT THE ENTIRE AWARD WAS BASED ON HYPOTHETICAL DAMAGE THAT MIGHT OCCUR. THE BRIEF ARGUES THAT AN AWARD BASED ON A "IF THIS THEN THAT" FUTURE INJURY VIOLATES BASIC TORT PRINCIPLES OF CAUSATION AND COULD BE VERY PROBLEMATIC IN THE PRODUCT LIABILITY ARENA. STATUS: PENDING. AMICUS BRIEF FILED 4/28/11. GUGGENHEIM V. CITY OF GOLETA - PROPERTY RIGHTS U.S. SUPREME COURT - CERT PETITION THE PETITION ASKS THE COURT TO DECIDE WHETHER A PLAINTIFF MAY EVER SUCCEED IN CHALLENGING A REGULATION UNDER THE TAKINGS CLAUSE IF THE REGULATION WAS IN EFFECT WHEN THE PLAINTIFF PURCHASED THE RELEVANT PROPERTY. THE COUNTY OF SANTA BARBARA, CALIFORNIA, ADOPTED AN ORDINANCE THAT SEVERELY CAPPED THE RENT THAT OWNERS OF MOBILE-HOME PARKS COULD CHARGE TENANTS FOR USE OF THE LAND. PLAINTIFFS PURCHASED A MOBILE HOME PARK WITHIN THE COUNTY AND THEN FILED SUIT SEEKING MONEY DAMAGES AND A DECLARATORY JUDGMENT THAT THE ORDINANCE WAS VOID UNDER THE TAKINGS CLAUSE. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF PROPERTY OWNERS REQUEST FOR CERT ON 4/13/11. CERT DENIED BY THE SUPREME COURT ON 5/16/11. HESS V. A.I. DUPONT HOSPITAL - MEDICAL MONITORING U.S. COURT OF APPEALS FOR THE 3RD CIRCUIT VICTORY! THE COURT WILL DECIDE WHETHER DELAWARE RECOGNIZES A MEDICAL MONITORING CAUSE OF ACTION. THE CASE INVOLVES A PLAINTIFF WHO HAD A STENT IMPLANTED TO TREAT A CONGENITAL HEART DEFECT; THE STENT HAD NOT RECEIVED FDA PREMARKET APPROVAL AT THE TIME IT WAS IMPLANTED BY DOCTORS AT THE DEFENDANT'S HOSPITAL. STATUS: DECIDED. AMICUS BRIEF FILED ON 03/09/10. COURT RULED IN FAVOR THE DEFENDANT AND DISMISSED PLAINTIFF'S CLAIMS. THE COURT REVERSED THE DISTRICT COURT AND HELD THAT THERE WAS NO DUTY TO MEDICALLY MONITOR A MINOR PLAINTIFF AND EVEN IF DELAWARE LAW WOULD ALLOW MEDICAL MONITORING, THE PLAINTIFFS FAILED TO ESTABLISH ELEMENTS NEEDED FOR MEDICAL MONITORING CLAIM JANKEY V. LEE - ATTORNEY FEE AWARDS IN ADA LAWSUITS CALIFORNIA SUPREME COURT THE COURT WILL DETERMINE WHETHER CALIFORNIA'S MANDATORY "PREVAILING PARTY" ATTORNEY'S FEE PROVISION REQUIRES A PREVAILING DEFENDANT TO ESTABLISH THAT THE PLAINTIFF'S CLAIM WAS FRIVOLOUS BEFORE AN ATTORNEY'S FEE AWARD CAN BE MADE. STATUS: PENDING. AMICUS BRIEF IN SUPPORT OF DEFENDANT FILED ON 1/7/11. KASTEN V. SAINT-GOBAIN PERFORMANCE - RETALIATION CLAIMS UNDER WAGE & HOUR LAW U.S. SUPREME COURT THE PLAINTIFF FILED SUIT AGAINST HIS FORMER EMPLOYER UNDER THE FLSA AFTER HE WAS TERMINATED FOR VIOLATING THE EMPLOYER'S TIME-CLOCK-PUNCHING POLICY. THE SUIT ALLEGED THAT HE WAS TERMINATED IN RETALIATION FOR HIS ORAL COMPLAINTS, TO SUPERVISORS AND HUMAN RESOURCES PERSONNEL, THAT THE PLACEMENT OF THE TIME CLOCK WAS ILLEGAL. THE DISTRICT COURT GRANTED SUMMARY JUDGMENT TO THE EMPLOYER, HOLDING THAT, ALTHOUGH INTRA-COMPANY WRITTEN COMPLAINTS COULD FORM THE BASIS FOR A RETALIATION CLAIM, ORAL COMPLAINTS COULD NOT. THE SEVENTH CIRCUIT AFFIRMED (585 F.3D 310). WHILE ACKNOWLEDGING A DIVISION OF AUTHORITY ON THE ISSUE, THE COURT OF APPEALS REASONED THAT THE TERM "FILED" IMPLIES A WRITTEN COMPLAINT AND THAT ORAL COMPLAINTS THEREFORE COULD NOT SUPPORT A CAUSE OF ACTION. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF EMPLOYER ON 08/23/10. ORAL ARGUMENT SET FOR 10/13/10. COURT FOUND IN FAVOR OF PLAINTIFF ON 3/1/11. KIVALINA V. EXXONMOBIL - LEGAL REFORM/CLIMATE CHANGE U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT THE SUIT SEEKS MONETARY DAMAGES FROM VARIOUS ENERGY COMPANIES FOR THE ALLEGED DESTRUCTION OF KIVALINA, ALASKA BY CLIMATE CHANGE. THE SPECIFIC ISSUE IN THE CASE IS WHETHER THE PUBLIC NUISANCE CLAIMS SEEKING TO SUBJECT AMERICAN BUSINESSES THAT EMIT CO2, METHANE AND OTHER SUCH GASSES TO LIABILITY FOR WEATHER-RELATED EVENTS ALLEGEDLY CAUSED BY GLOBAL WARMING VIOLATE THE POLITICAL QUESTION DOCTRINE UNDER ARTICLE III OF THE CONSTITUTION. THE SUIT WAS DISMISSED BY THE U.S. DISTRICT COURT. STATUS: PENDING. AMICUS BRIEF FILED 07/07/10. LAMONS GASKET CO. V. SWIU - NLRB OPENS DOOR TO MORE STEALTH CARD CHECK AGREEMENTS NATIONAL LABOR RELATIONS BOARD IN A 3-2 DECISION ON AUGUST 27, THE BOARD VOTED TO REVIEW A LANDMARK 2007 CASE, DANA CORPORATION, IN WHICH IT GRANTED DISSENTING WORKERS THE RIGHT TO UNDO A SUCCESSFUL (I.E., EMPLOYER-RECOGNIZED) UNION CARD CHECK CAMPAIGN AND DEMAND A SECRET BALLOT ELECTION. PRIOR TO THIS DECISION, EMPLOYEES HAD NO WAY TO DEMAND AN ELECTION IF THE EMPLOYER AGREED TO RECOGNIZE A UNION BASED ON AUTHORIZATION CARDS. WORKERS ACROSS THE COUNTRY HAVE ALREADY USED ELECTIONS TO KICK OUT UNWANTED UNIONS, DEMONSTRATING THE UNRELIABILITY OF CARD CHECK INSTANT ORGANIZING CAMPAIGNS. WORKERS FREQUENTLY SIGN UNION AUTHORIZATION CARDS DUE TO UNION ORGANIZERS' INTIMIDATING TACTICS OR EVEN OUTRIGHT LIES ABOUT WHAT SIGNING A CARD MEANS. STATUS: PENDING. NFIB FILED TWO AMICUS BRIEFS ON 11/1/10 IN SUPPORT OF PRESERVING DANA CORPORATION. | |
| SUMMARY OF LEGAL CASES FOR 2011 (CONT.) | LEWIS V. HUMBOLDT ACQUISITION CORP. - BURDEN OF PROOF FOR ADA CLAIMS U.S. COURT OF APPEALS FOR THE SIXTH CIRCUIT THIS CASE TESTS THE STANDARDS FOR PROVING AN AMERICANS WITH DISABILITIES ACT CLAIM. NOW BEING HEARD EN BANC, THE COURT IS BEING ASKED TO REVERSE THE DISTRICT COURT AND THREE-JUDGE PANEL DECISIONS' THAT HELD A PLAINTIFF MUST PROVE THAT HER DISABILITY WAS THE SOLE, RATHER THAN A MOTIVATING, REASON FOR THE DEFENDANT-EMPLOYER'S ADVERSE EMPLOYMENT DECISION. STATUS: PENDING. AMICUS BRIEF FILED 8/10/11 IN SUPPORT OF THE EMPLOYER. LOCKE V. SHORE - REGULATORY RESTRICTION ON INTERIOR DESIGNER U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT NFIB JOINED A LAWSUIT THAT CHALLENGED A FLORIDA LAW THAT PROHIBITS PEOPLE FROM PRACTICING INTERIOR DESIGN UNLESS THEY FIRST GET THE GOVERNMENT'S PERMISSION. THE LAW REQUIRES THAT THEY SPEND SIX YEARS AND THOUSANDS OF DOLLARS JUMPING THROUGH THE ARBITRARY HOOPS OF FLORIDA'S INTERIOR DESIGN LICENSING LAW. IN MARCH 2011, THE APPELLATE COURT UPHELD A DISTRICT COURT RULING THAT FOUND THE REGULATION CONSTITUTIONAL. THE RULING COMES DESPITE ADMISSIONS BY THE STATE THAT THERE IS NO EVIDENCE THAT THE UNLICENSED PRACTICE OF INTERIOR DESIGN POSES ANY THREAT TO THE PUBLIC. STATUS: DECIDED. COURT UPHELD THE REGULATION ON 3/2/11. U.S. SUPREME COURT DENIED REVIEW ON 1/9/12. MCCALL V. UNITED STATES - DEFENDING FLORIDA'S DAMAGES CAP FLORIDA SUPREME COURT THE U.S. ELEVENTH CIRCUIT COURT OF APPEALS RECENTLY UPHELD FLORIDA'S NONECONOMIC DAMAGES CAP UNDER THE U.S. CONSTITUTION (SEE ESTATE OF MCCALL V. UNITED STATES, 2011 WL 2084069, 11TH CIR. MAY 27, 2011). THE CIRCUIT COURT CERTIFIED THE FLORIDA CONSTITUTIONAL QUESTIONS TO THE FLORIDA SUPREME COURT. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF DEFENDANTS ON 9/15/11. MCDONALD V. CITY HOSPITAL - CHALLENGE TO WEST VIRGINIA'S PUNITIVE DAMAGES CAP WEST VIRGINIA SUPREME COURT OF APPEALS NFIB JOINED A COALITION AMICUS BRIEF IN A CHALLENGE TO THE STATE'S CAP ON NONECONOMIC DAMAGES FOR MEDICAL LIABILITY ACTIONS. THE COALITION ARGUED IN SUPPORT OF THE STATUTORY CAP ON NONECONOMIC DAMAGES BECAUSE WITHOUT THEM THE DOOR WILL BE OPENED TO SUBJECTIVE, RUNAWAY NONECONOMIC DAMAGE AWARDS. STATUS: PENDING. ORAL ARGUMENTS HELD MARCH 8, 2011. MERRILL V. OHIO - PROPERTY RIGHTS OHIO SUPREME COURT THE CASE INVOLVES A CHALLENGE TO SHORELINE PROPERTY OWNERS' RIGHT TO EXCLUDE TRESPASSERS ON DRY BEACHES ABOVE THE WATER'S EDGE. THIS IS AN IMPORTANT ISSUE NOT ONLY FOR RESIDENTIAL PROPERTY OWNERS, BUT FOR BUSINESSES ALONG LAKE ERIE WHO WANT TO BE ABLE TO EXCLUDE TRESPASSERS. THE TRIAL AND APPELLATE COURTS FOUND LARGELY IN FAVOR OF THE LANDOWNERS. THE OHIO DEPT. OF NATURAL RESOURCES HAS NOW APPEALED TO THE STATE SUPREME COURT. STATUS: PENDING. AMICUS BRIEF FILED ON 9/20/10. ORAL ARGUMENT HELD 2/1/11. METROPOLITAN MILWAUKEE ASSOCIATION OF COMMERCE V. CITY OF MILWAUKEE - MANDATED SICK LEAVE CIRCUIT COURT FOR MILWAUKEE COUNTY MILWAUKEE REQUIRED THAT ALL CITY BUSINESSES PROVIDE THEIR EMPLOYEES WITH PAID SICK LEAVE THROUGH THE PASSAGE OF A BINDING REFERENDUM. NFIB ARGUED THAT THE MEASURE INTERFERES WITH EMPLOYERS' RIGHTS TO NEGOTIATE MUTUALLY BENEFICIAL LABOR AGREEMENTS WITH THEIR EMPLOYEES AND IS AN ILLEGAL EXTENSION OF MILWAUKEE'S AUTHORITY INTO AREAS OF LAW RESERVED TO THE STATE. STATUS: PENDING. AMICUS BRIEF FILED 01/28/09. CIRCUIT COURT GRANTED MMAC SUMMARY JUDGMENT ON OCTOBER 14, 2010. HOWEVER, THE COURT OF APPEALS REVERSED AND REMANDED THE CASE BACK TO THE CIRCUIT COURT ON MARCH 24, 2011. MIMS V. ARROW FINANCIAL SERVICES, INC. - LEGAL REFORM U.S. SUPREME COURT THE APPEAL STEMS FROM THE 11TH CIRCUIT COURT OF APPEALS HOLDING THAT FEDERAL COURTS LACK SUBJECT MATTER JURISDICTION OVER PRIVATE ACTIONS UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. 227. NFIB'S BRIEF DISCUSSES THE EXTORTION THAT SMALL BUSINESSES FACE WHEN THEY UNINTENTIONALLY VIOLATE A CONSUMER PROTECTION STATUTE, LIKE THE TCPA OR DO-NOT-FAX, AND THEN FACE A BARRAGE OF DEMAND LETTERS AND FORM COMPLAINTS FROM PLAINTIFFS' COUNSEL. STATUS: DECIDED. AMICUS BRIEF FILED ON 10/28/11. COURT RULED IN FAVOR OF PLAINTIFF MIMS ON 1/L7/12. MULHALL V. UNITE HERE - UNION ORGANIZING U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT VICTORY! THE APPELLATE COURT WILL DECIDE WHETHER THE ORGANIZING ASSISTANCE THAT INCLUDES LISTS OF INFORMATION ABOUT NONUNION EMPLOYEES, USE OF PRIVATE COMPANY PROPERTY FOR ORGANIZING, AND A GAG-CLAUSE ON COMPANY COMMUNICATIONS WITH ITS EMPLOYEES ABOUT UNIONIZATION ARE "THINGS OF VALUE," MAKING IT ILLEGAL UNDER SECTION 302 OF THE LABOR MANAGEMENT RELATIONS ACT FOR THE UNION TO DEMAND THEM. IF THE CASE IS SUCCESSFUL, IT WILL BE ILLEGAL IN FLORIDA, GEORGIA, AND ALABAMA (AND POTENTIALLY ELSEWHERE) FOR UNIONS TO DEMAND THAT FROM AN EMPLOYER. STATUS: DECIDED. AMICUS BRIEF IN SUPPORT OF MULHALL FILED 3/28/11. COURT RULED IN FAVOR OF MULHALL ON 1/19/12. NATIONAL ASSOC. OF HOMEBUILDERS V. ARMY CORPS OF ENGINEERS - ADMIN PROCEDURE CHALLENGE U.S. COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA NAHB HAS APPEALED A DECISION FROM THE D.C. DISTRICT COURT THAT HELD A PARTY MUST SHOW THERE IS "NO SET OF CIRCUMSTANCES" UNDER WHICH THE RULE BEING CHALLENGED IS VALID. IF UPHELD, THIS RESULT WILL MAKE IT MUCH MORE DIFFICULT TO BRING FACIAL CHALLENGES TO ANY REGULATION. STATUS: PENDING. AMICUS BRIEF FILED 4/11/11. NATIONAL RESTAURANT ASSOCIATION (NRA) V. DOL U.S. DISTRICT COURT NFIB JOINED A CASE CHALLENGING THE NOTICE OF PROPOSED RULEMAKING (NPRM) PROCEDURES USED TO ALTER "TIP CREDIT" DISCLOSURE REGULATIONS. TIP CREDITS ALLOW EMPLOYERS TO PAY EMPLOYEES RECEIVING TIPS UNDER MINIMUM WAGE AS LONG AS THE EMPLOYEE'S HOURLY WAGE AND TIPS EXCEEDS MINIMUM WAGE. THE RULEMAKING NOTICE CONTAINED VERY LIMITED CHANGES TO THE CURRENT REGULATIONS, YET THE PROMULGATED REGULATIONS REQUIRE EXTENSIVE ADDITIONAL TIP CREDIT DISCLOSURE REQUIREMENTS FOR EMPLOYERS. THE NEW REGULATIONS REPRESENT A HUGE NEW ADMINISTRATIVE BURDEN WITH COSTLY PENALTIES FOR FAILED COMPLIANCE FOR BUSINESSES. STATUS: PENDING. COMPLAINT FILED 6/16/11. NATSO, INC. V. 3 GIRLS ENTERTAINMENT U.S. SUPREME COURT - CERT PETITION THE CASE CONCERNS THE USE OF OVERBROAD DISCOVERY REQUESTS TO SEEK TRADE ASSOCIATION COMMUNICATIONS WITH THEIR CORPORATE MEMBERS REGARDING LOBBYING STRATEGIES. THE TENTH CIRCUIT ORDERED SUCH DISCLOSURES, A RULING IN DIRECT CONFLICT WITH DECISIONS BY THE SUPREME COURT AND OTHER CIRCUIT COURTS. STATUS: PENDING. NFIB FILED AMICUS BRIEF ON 10/20/11. REVIEW DENIED ON 1/9/12. O'NEIL V. CRANE - ASBESTOS REFORM CALIFORNIA SUPREME COURT VICTORY! THE ISSUE OF WHETHER A DEFENDANT SUCH AS A PUMP AND VALVE MAKER CAN BE HELD LIABLE FOR ASBESTOS PRODUCTS MADE BY ANOTHER COMPANY AND AFFIXED POST-SALE SUCH AS BY THE NAVY IS FREQUENTLY LITIGATED. THE FIRST DISTRICT APPELLATE COURT CHOSE TO FOLLOW WASHINGTON STATE, HOLDING THAT MANUFACTURERS ARE RESPONSIBLE ONLY FOR THEIR OWN PRODUCTS. THE PLAINTIFFS HAVE APPEALED. STATUS: DECIDED. AMICUS LETTER BRIEF FILED 11/12/09. COURT GRANTED CERT PETITION 12/24/09. AMICUS BRIEF FILED 2/22/10. COURT RULED ON 1/12/11 THAT THERE IS NO LIABILITY FOR PRODUCT MANUFACTURER UNLESS SAID PRODUCT CONTRIBUTED SUBSTANTIALLY TO THE HARM. | |
| SUMMARY OF LEGAL CASES FOR 2011 (CONT.) | PPL MONTANA V. MONTANA - UNCONSTITUTIONAL TAKING OF PROPERTY U.S. SUPREME COURT THIS CASE STEMS FROM A MONTANA COURT DECISION REGARDING THE PROPERTY RIGHTS OF CERTAIN RIVERS. THE RESULT OF THE MONTANA DECISION IS THAT AFTER MORE THAN 100 YEARS, PRIVATE LANDOWNERS HAVE BEEN STRIPPED OF THEIR OWNERSHIP OF SO-CALLED NAVIGABLE RIVER PROPERTIES AND THE STATE IS CLAIMING MILLIONS IN RETROACTIVE RENT AND FEES STATUS: PENDING. AMICUS BRIEF FILED 9/7/2011 IN SUPPORT OF PROPERTY OWNERS. RITE AID - NLRB OPENS DOOR TO MORE STEALTH CARD CHECK AGREEMENTS IN A 3-2 DECISION ON AUGUST 27, THE BOARD VOTED TO REVIEW A LANDMARK 2007 CASE, DANA CORPORATION, IN WHICH IT GRANTED DISSENTING WORKERS THE RIGHT TO UNDO A SUCCESSFUL (I.E., EMPLOYER-RECOGNIZED) UNION CARD CHECK CAMPAIGN AND DEMAND A SECRET BALLOT ELECTION. PRIOR TO THIS DECISION, EMPLOYEES HAD NO WAY TO DEMAND AN ELECTION IF THE EMPLOYER AGREED TO RECOGNIZE A UNION BASED ON AUTHORIZATION CARDS. IN VOTING TO REVISIT THE DANA CASE, THE OBAMA NLRB HAS SIGNALED ITS INTENT TO DENY WORKERS THE ABILITY TO VOTE ACCORDING TO THEIR CONSCIENCE AND REMOVE AN UNWANTED UNION FROM THEIR WORKPLACE. NFIB HAS FILED AN AMICUS BRIEF WITH THE BOARD, URGING IT NOT TO REVOKE THE NEW PROTECTIONS ACCORDED TO WORKERS SWEPT INTO UNION RANKS THROUGH CARD CHECK FORCED UNIONISM. STATUS: PENDING. ROUNDY'S - MEANING OF "DISCRIMINATION" IN NONEMPLOYEE ACCESS CASES NATIONAL LABOR RELATIONS BOARD THE NLRB SOLICITED AMICUS BRIEFS TO RESOLVE THE ISSUE OF THE PROPER DEFINITION OF "DISCRIMINATION" IN CASES WHERE EMPLOYERS DENY NONEMPLOYEE UNION ORGANIZERS ACCESS TO THE EMPLOYER'S PROPERTY. THE NLRB'S INTERPRETATION OF THE CURRENT RULE FORCES BUSINESS OWNERS' TO PERMIT UNION ORGANIZERS TO CONDUCT A BOYCOTT ON THE BUSINESS' PRIVATE PROPERTY. NFIB ARGUED THAT IT IS WRONG TO REQUIRE A BUSINESS OWNER TO ALLOW UNION ORGANIZERS ONTO THEIR PRIVATE PROPERTY FOR THE PURPOSE OF HARMING THE BUSINESS. SINCE BOYCOTTS ARE ESPECIALLY DEVASTATING TO SMALL BUSINESSES, THE BOARD'S CURRENT INTERPRETATION IMPERMISSIBLY INTRUDES ON BUSINESS OWNER'S PRIVATE PROPERTY RIGHTS. STATUS: PENDING. FILED AMICUS BRIEF ON 1/7/11. SACKETT V. EPA - REGULATORY TAKING U.S. SUPREME COURT - CERT PETITION AND MERITS BRIEF THE CASE CONCERNS A CLEAN WATER ACT VIOLATION THAT THE ENVIRONMENTAL PROTECTION AGENCY ISSUED TO THE SACKETTS, LANDOWNERS IN IDAHO. EPA CLAIMS THE LAND IS SUBJECT TO THE CWA, AND WHEN THE SACKETTS PLACED FILL MATERIAL ON THE LOT FOR THE CONSTRUCTION OF A HOME, EPA ISSUED AN ADMINISTRATIVE COMPLIANCE ORDER DIRECTING THE SACKETTS TO REMOVE THE FILL AND RESTORE THE LOT TO ITS ORIGINAL CONDITION. A THREE-JUDGE PANEL OF THE NINTH CIRCUIT RULED THEY CAN NOT GET JUDICIAL REVIEW UNLESS THEY FIRST GO THROUGH THE LIKELY FUTILE PROCESS OF APPLYING FOR A FEDERAL WETLANDS PERMIT; A PROCESS THAT COULD TAKE YEARS AND COST TENS OF THOUSANDS OF DOLLARS. STATUS: PENDING. NFIB AMICUS BRIEF FILED ON 3/25/11. COURT ACCEPTED REVIEW AND MERITS BRIEF FILED ON 9/30/11. SCHLAUD V. SNYDER- FIGHTING THE FORCED UNIONIZATION OF HOME DAY-CARE WORKERS UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN THIS CASE CONCERNS THE COMPULSORY UNIONIZATION OF HOME DAY CARE PROVIDERS WHERE INDEPENDENT BUSINESSES WILL BE FORCED TO PAY UNION DUES AND SERVICE FEES TO NATIONAL UNIONS, BUT THEIR EMPLOYEES WILL NOT HAVE ACCESS TO ANY OF THE BENEFITS TRADITIONALLY SOUGHT BY EMPLOYEES WHO UNIONIZE. STATUS: PENDING. NFIB AMICUS BRIEF FILED 3/17/11. SECRETARY OF LABOR V. AVCON, INC. AND ALTOR, INC. - FIGHTING OSHA AGAINST INCREASED LIABILITY U.S. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION VICTORY! IN ITS BRIEF, THE NFIB LEGAL CENTER ARGUED THAT OSHRC SHOULD NOT CHANGE EXISTING LAW AND PIERCE THE CORPORATE VEIL THEREBY CREATING PERSONAL LIABILITY FOR SMALL BUSINESS OWNERS. STATUS: DECIDED. NFIB AMICUS BRIEF FILED 03/24/04. IN MAY 2011 OSHRC AGREED THAT THERE WAS NO PERSONAL LIABILITY ON THE PART OF THE OWNERS BUT FOUND THE CORPORATE ENTITIES LIABLE FOR SAFETY CITATIONS. SECRETARY OF LABOR V. VOLKS CONSTRUCTORS A/K/A AKM LLC V. SECRETARY OF LABOR - FIGHTING TO UPHOLD OSHA'S STATUTE OF LIMITATIONS OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION U.S. COURT OF APPEALS FOR THE D.C. CIRCUIT THE NFIB LEGAL CENTER FILED A BRIEF ASKING OSHA'S REVIEW COMMISSION TO UPHOLD THE SIX-MONTH TIME LIMIT FOR OSHA TO ISSUE A CITATION FOR A RECORD-KEEPING VIOLATION. DESPITE THIS LAW, OSHA CONTINUES TO ISSUE CITATIONS FOR FAILING TO PROPERLY RECORD INJURIES IN ITS FORM 300 LOG FOR VIOLATIONS THAT HAVE OCCURRED UP TO FIVE YEARS AGO. THE NFIB LEGAL CENTER BELIEVES THAT MAKING SMALL BUSINESSES SPEND TIME AND MONEY TRYING TO RECALL THE FACTS AND FIND FORMER EMPLOYEES IN AN ATTEMPT TO DEFEND AGAINST STALE CLAIMS IS UNFAIR. STATUS: PENDING. NFIB AMICUS BRIEF FILED ON 11/27/07. IN A 2-1 DECISION, THE COMMISSION AFFIRMED OSHA'S AUTHORITY TO PUNISH EMPLOYERS FOR RECORDKEEPING VIOLATIONS THAT OCCURRED UP TO FIVE YEARS BEFORE THE EXPIRATION OF THE SIX-MONTH STATUTE OF LIMITATIONS GOVERNING SUCH RECORDKEEPING ERRORS, ON THE GROUNDS THAT IMPROPER RECORDKEEPING MAY CONSTITUTE A CONTINUING VIOLATION OF OSHA'S MANDATORY FIVE-YEAR RECORD RETENTION REGULATION. EMPLOYER APPEALED TO FEDERAL COURT. AMICUS BRIEF FILED 8/3/11. SEE'S CANDY SHOPS - WAGE AND HOUR (ROUNDING PRACTICES) CALIFORNIA SUPREME COURT - PETITION FOR REVIEW THIS CLASS ACTION INVOLVES A DISPUTE OVER WHETHER AN EMPLOYER PROPERLY CALCULATED THE TIME WORKED BY EMPLOYEES BY NEUTRALLY "ROUNDING" TIME ENTRIES TO THE NEAREST TENTH OF AN HOUR. BOTH THE CALIFORNIA DIVISION OF LABOR STANDARDS ENFORCEMENT (DLSE) AND FEDERAL LAW SAY YES. BUT A CALIFORNIA TRIAL COURT RULED THE EMPLOYER VIOLATED STATE AND FEDERAL WAGE AND HOUR LAW IN DOING SO. STATUS: PENDING. AMICUS LETTER BRIEF FILED IN SUPPORT OF THE EMPLOYER 11/23/11. SIMPKINS V. CSX TRANSPORTATION - WORKPLACE ASBESTOS EXPOSURE (PREMISES LIABILITY) SUPREME COURT OF ILLINOIS THE BRIEF ARGUES THAT PREMISES OWNERS, SUCH AS THE DEFENDANT RAILROAD, OWE NO LEGAL DUTY OF CARE TO REMOTE PLAINTIFFS ALLEGEDLY INJURED AS A RESULT OF SECONDHAND EXPOSURE TO ASBESTOS OR OTHER SUBSTANCES EMITTED IN THE WORKPLACE. THE SUBJECT ACTION INVOLVES THE ESTATE OF A WOMAN WHO WAS ALLEGEDLY EXPOSED TO ASBESTOS CARRIED HOME ON THE PERSON AND CLOTHING OF HER FORMER HUSBAND, WHO WORKED FOR THE DEFENDANT'S PREDECESSOR RAILROAD FROM 1958 TO 1964. STATUS: PENDING. AMICUS CURIAE BRIEF IN SUPPORT OF CSX TRANSPORTATION FILED 4/25/11. COURT DENIED AMICUS BRIEFS ON 5/31/11. SPECIALTY HEALTHCARE - NLRB DECIDES WHETHER "MICRO UNIONS" PERMITTED NATIONAL LABOR RELATIONS BOARD THE NLRB WILL SOON DECIDE WHETHER OR NOT LABOR UNIONS WILL BE ALLOWED TO BREAK OFF DIFFERENT SECTIONS OF WORKFORCES INTO SMALL GROUPS TO ORGANIZE FIVE OR 10 WORKERS AT A TIME INSTEAD OF THE WHOLE WORKPLACE AT ONCE - OR ORGANIZE USING "MICRO UNIONS." THE "MICRO UNIONS" WOULD ESSENTIALLY ALLOW LABOR ORGANIZERS TO SECTION OFF COMPANY EMPLOYEES BY SPECIFIC JOB DESCRIPTIONS. FOR EXAMPLE, IF A UNION WERE TRYING TO ORGANIZE A RESTAURANT STAFF, LEADERS WOULD TARGET SERVERS, BUSBOYS, DISHWASHERS, COOKS AND HOSTESSES SEPARATELY. STATUS: PENDING. AMICUS BRIEF FILED 3/7/11. | |
| SUMMARY OF LEGAL CASES FOR 2011 (CONT.) | SPEED V. MISSISSIPPI - RESTRICTING EMINENT DOMAIN MISSISSIPPI SUPREME COURT VICTORY! THE SUIT SEEKS TO STOP THE SECRETARY OF STATE FROM PLACING A PROPOSED CONSTITUTIONAL AMENDMENT RESTRICTING EMINENT DOMAIN ON THE NOVEMBER 8, 2011 ELECTION BALLOT. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF THE BALLOT INITIATIVE ON 8/26/11. COURT HELD BALLOT INITIATIVE WAS APPROPRIATE AND PLACED ON THE BALLOT. STAPLETON V. CITIZENS NATIONAL - LEGAL REFORM KENTUCKY SUPREME COURT THE COURT IS REVIEWING WHETHER BUSINESS OWNERS OWE A DUTY TO CUSTOMERS TO WARN OR REMOVE NATURAL CONDITIONS SUCH AS SNOW AND ICE. THE CURRENT STANDARD, WHICH HAS BEEN IN PLACE FOR DECADES, IMPOSES NO SUCH DUTY UNLESS ACTIONS BY THE BUSINESS OWNER HEIGHTEN OR CONCEAL THE HAZARD OF THE NATURAL CONDITION. NFIB IS PARTICIPATING IN THIS CASE BECAUSE WE BELIEVE THAT OVERTURNING LONGTIME PRECEDENT ON THIS ISSUE WOULD BE AN UNREASONABLE BURDEN UPON BUSINESSES. STATUS: DECIDED. AMICUS BRIEF FILED JANUARY 2011. PARTIES SETTLED IN MAY 2011. STATE OF FLORIDA V. HHS - NFIB SUES TO STOP HEALTH CARE LAW U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ON MAY 14, 2010, NFIB JOINED THE MULTI-STATE LAWSUIT CHALLENGING THE CONSTITUTIONALITY OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT. THE SUIT WAS FILED ON BEHALF OF NFIB BY THE NFIB SMALL BUSINESS LEGAL CENTER IN U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA. THERE ARE A NUMBER OF LEGAL CLAIMS IN THE LAWSUIT; HOWEVER, NFIB IS PRIMARILY CONCERNED ABOUT THE UNCONSTITUTIONALITY OF THE INDIVIDUAL MANDATE. NFIB STRONGLY BELIEVES THAT CONGRESS LACKS THE AUTHORITY TO FORCE AMERICANS TO PURCHASE A PRIVATE PRODUCT, SUCH AS HEALTH INSURANCE, OR FACE PAYING A PENALTY. ON JANUARY 31, 2011, FEDERAL DISTRICT JUDGE ROGER VINSON RULED THAT THE INDIVIDUAL MANDATE IN THE HEALTHCARE LAW IS UNCONSTITUTIONAL. JUDGE VINSON ALSO FOUND THAT THE MANDATE CAN NOT BE SEVERED FROM THE REST OF THE HEALTHCARE LAW, THE ENTIRE ACT MUST BE DECLARED VOID. THE GOVERNMENT HAS APPEALED JUDGE VINSON'S RULING TO THE ELEVENTH CIRCUIT WHERE BRIEFING IS SCHEDULED TO CONCLUDE IN MAY 2011. STATUS: PENDING. STAUB V. PROCTOR HOSPITAL - EMPLOYER LIABILITY FOR SUBORDINATE'S DISCRIMINATION U.S. SUPREME COURT THE ISSUE IS WHETHER AN EMPLOYER CAN BE HELD LIABLE BASED ON POTENTIALLY UNLAWFUL INTENT OF OFFICIALS WHO CAUSED OR INFLUENCED BUT DID NOT MAKE THE ULTIMATE EMPLOYMENT DECISION. THE EMPLOYEE ASSERTED THAT HE WAS FIRED BASED ON HIS ASSOCIATION WITH THE MILITARY. THE SEVENTH CIRCUIT HELD THAT NO REASONABLE JURY COULD HAVE CONCLUDED THAT THE PLAINTIFF WAS FIRED BECAUSE HE WAS A MEMBER OF THE MILITARY. STATUS: DECIDED. AMICUS BRIEF FILED 9/8/10. ORAL ARGUMENT SET FOR 11/2/10. COURT FOUND IN FAVOR OF THE PLAINTIFF ON 3/1/11. STEWART & JASPER ORCHARDS V. SALAZAR - UNCONSTITUTIONAL WATER RESTRICTIONS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT U.S. SUPREME COURT THE CENTRAL VALLEY PROJECT AND THE STATE WATER PROJECT ARE THE TWO WATER SYSTEMS THAT PUMP NECESSARY WATER FROM THE NORTH TO THE SOUTH. IN 2008, THE U.S. FISH AND WILDLIFE SERVICE (FWS) LIMITED THE AMOUNT OF WATER THAT CAN BE PUMPED THROUGH THE SYSTEMS BASED UPON ENVIRONMENTALISTS' ARGUMENTS THAT PUMPING THREATENED THE SMELT POPULATION. AS A RESULT, THOUSANDS OF SMALL BUSINESSES NO LONGER GET THE WATER THEY NEED TO SUSTAIN THEIR COMPANIES, LEADING TO NFIB'S DECISION TO PARTICIPATE IN THE LAWSUIT. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF FARMERS CHALLENGING THE FEDERAL WATER RESTRICTIONS ON 6/2/10. ORAL ARGUMENTS ON 2/15/11. IN MARCH 2011, THE COURT RULED THAT THE WATER RESTRICTIONS ARE CONSTITUTIONAL. AMICUS BRIEF FILED IN SUPPORT OF CERT PETITION TO U.S. SUPREME COURT 7/25/11. COURT DENIED CERT ON 10/31/11. THOMPSON V. NORTH AMERICAN STAINLESS - DEFINING SCOPE OF TITLE VII ANTI-RETALIATION BAR U.S. SUPREME COURT THE COURT WILL DETERMINE WHETHER TITLE VII'S ANTI-RETALIATION PROVISION PROTECTS AN EMPLOYEE WHO ALLEGED HE WAS TERMINATED IN RETALIATION FOR HIS THEN-FIANCE'S EEOC CLAIM ALLEGING SEX DISCRIMINATION. THE COMPANY ARGUED THAT HE WAS NOT RETALIATED AGAINST WITHIN THE MEANING OF TITLE VII BECAUSE THOMPSON DID NOT ACTIVELY OPPOSE ANY UNLAWFUL EMPLOYMENT PRACTICE OR PARTICIPATE IN ANY DISCRIMINATION PROCEEDING. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF EMPLOYER ON 10/29/10. ORAL ARGUMENT SET FOR 12/7/10. DECIDED 1/24/11 IN FAVOR OF PLAINTIFF. U.S. V. HOME CONCRETE & SUPPLY, LLC - CHALLENGING RETROACTIVE IRS RULE U.S. SUPREME COURT THE COURT IS BEING ASKED TO DETERMINE WHETHER A FINAL REGULATION PROMULGATED BY THE IRS, WHICH REFLECTS THE IRS'S VIEW THAT AN UNDERSTATEMENT OF GROSS INCOME ATTRIBUTABLE TO AN OVERSTATEMENT OF BASIS CAN TRIGGER THE EXTENDED SIX-YEAR ASSESSMENT PERIOD, IS ENTITLED TO JUDICIAL DEFERENCE. THIS CASE WILL HAVE IMPORTANT RAMIFICATIONS ON THE LEVEL OF DEFERENCE IRS REGULATIONS RECEIVE, SINCE THE RULE ESSENTIALLY OVERTURNS EXISTING SUPREME COURT PRECEDENT AND APPLIES RETROACTIVELY. STATUS: PENDING. AMICUS BRIEF FILED IN SUPPORT OF RESPONDENT ON 12/22/11. VICKNAIR V. PHELPS DODGE - FORUM SHOPPING NORTH DAKOTA SUPREME COURT VICTORY! IN A MOVE AIMED TO CURB FORUM-SHOPPING PLAINTIFFS, DEFENDANT ARGUED THAT NORTH DAKOTA'S STATUTE OF LIMITATIONS APPLIES TO CLAIMS BROUGHT BY NONRESIDENTS WHO HAVE NO CONNECTION TO NORTH DAKOTA. STATUS: DECIDED. AMICUS BRIEF FILED IN SUPPORT OF DEFENDANT ON 7/22/10. COURT RULED IN FAVOR OF DEFENDANTS AND THE TRIAL COURT'S DISMISSAL OF CLAIMS. WATTS V. COX MEDICAL CENTER - DAMAGE CAP MISSOURI SUPREME COURT THE COURT HAS BEEN ASKED TO DETERMINE THE CONSTITUTIONALITY OF MISSOURI'S DAMAGES CAP. STATUS: PENDING. AMICUS BRIEF FILED 12/30/11. | |
| FORM 990 PROVIDED TO GOVERNING BODY | PART VI, SECTION B: POLICIES, LINE 11 | FOLLOWING AN INDEPENDENT AUDIT OF ITS FINANCIAL STATEMENTS, A DRAFT OF NFIB SMALL BUSINESS LEGAL CENTER'S FORM 990 IS PREPARED. THIS FORM 990 IS REVIEWED INTERNALLY BY NFIB'S TAX ACCOUNTANT, CONTROLLER/TREASURER, AND SVP/CFO. ANY QUESTIONS ARISING FROM THE INITIAL REVIEW ARE ADDRESSED TO ENSURE THE RETURN IS COMPLETE AND ACCURATE. ANY NECESSARY CHANGES/CORRECTIONS ARE MADE ON THE FORM 990 AND THE RETURN AGAIN GOES THROUGH NFIB SMALL BUSINESS LEGAL CENTER'S INTERNAL REVIEW PROCESS. UPON APPROVAL OF THE SVP/CFO, THE FINAL RETURN IS FILED WITH THE INTERNAL REVENUE SERVICE. THE FINAL RETURN IS MADE AVAILABLE TO THE BOARD OF DIRECTORS FOR REVIEW. |
| WRITTEN CONFLICT OF INTEREST POLICY | PART VI, SECTION B: POLICIES, LINE 12 | EVERY BOARD MEMBER, OFFICER, AND KEY EMPLOYEE OF NFIB SMALL BUSINESS LEGAL CENTER IS REQUIRED TO DISCLOSE ANY ACTUAL OR POTENTIAL CONFLICTS OF INTEREST ON AN ANNUAL BASIS. |
| PROCESS OF DETERMINING COMPENSATION FOR OFFICERS AND OTHER KEY EMPLOYEES | PART VI, SECTION B: POLICIES, LINE 15 | THE EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS IS RESPONSIBLE FOR DETERMINING COMPENSATION FOR THE CEO, CFO, SECRETARY AND CERTAIN KEY EMPLOYEES OF THE ORGANIZATION. THE TREASURER'S AND EXECUTIVE DIRECTOR'S COMPENSATION IS REVIEWED AND SET BY THE CEO. IN LATE 2010, AN OUTSIDE COMPENSATION CONSULTING FIRM WAS ENGAGED TO PROVIDE EXPERT ANALYSES REGARDING THE REASONABLENESS OF THE TOTAL COMPENSATION PACKAGE FOR THE EXECUTIVES OF NFIB AND ITS AFFILIATED ORGANIZATIONS. THE 2010 RESULTS WERE PROVIDED TO THE CHAIRMAN OF THE BOARD FOR THE EXECUTIVE COMMITTEE AT THEIR JANUARY 2012 MEETING. THE COMMITTEE RELIES ON THIS INDEPENDENT REVIEW TO ENSURE THAT REASONABLE COMPENSATION IS PAID TO THE CEO, CFO, SECRETARY AND CERTAIN KEY EMPLOYEES. THE COMMITTEE'S PHILOSOPHY IS TO ENSURE THAT THE COMPENSATION FOR THESE POSITIONS RELATIVE TO MARKET COMPARISONS IS COMPETITIVE IN ORDER TO ATTRACT, RETAIN AND MOTIVATE QUALIFIED EMPLOYEES WHILE NOT BEING AT THE TOP OF THE RANGE. THE COMMITTEE SETS THE COMPENSATION FOR THE CEO, CFO, SECRETARY AND CERTAIN KEY EMPLOYEES EACH YEAR DURING THEIR MEETING WHICH IS TYPICALLY HELD IN JANUARY OR FEBRUARY. MINUTES FROM THESE ANNUAL MEETINGS ARE TAKEN BY THE CORPORATE SECRETARY DURING THE MEETING. WHEN THE MINUTES ARE REVIEWED AND APPROVED, THEY ARE RETAINED WITH ALL OTHER CORPORATE RECORDS. |
| DOCUMENTS AVAILABLE TO THE PUBLIC | FORM 990, PART VI, LINE 19 | IT IS NFIB SMALL BUSINESS LEGAL CENTER'S ("THE CENTER") POLICY TO MAKE AVAILABLE FOR PUBLIC INSPECTION, UPON REQUEST, EITHER WRITTEN OR IN PERSON, ITS EXEMPTION APPLICATION, SUPPORTING DOCUMENTS AND ANY LETTER OR DOCUMENT ISSUED BY THE IRS CONCERNING THE APPLICATION. THE CENTER ALSO MAKES AVAILABLE FOR PUBLIC INSPECTION AND COPYING, UPON REQUEST, EITHER WRITTEN OR IN PERSON, ITS FEDERAL FORM 990, RETURN OF ORGANIZATION EXEMPT FROM INCOME TAX. THE FORM 990 IS AVAILABLE FOR A THREE-YEAR PERIOD BEGINNING WITH THE DUE DATE OF THE RETURN (INCLUDING ANY EXTENSION OF TIME FOR FILING). THE FOUNDATION'S CONFLICT OF INTEREST POLICY IS ALSO AVAILABLE TO THE PUBLIC UPON REQUEST, EITHER WRITTEN OR IN PERSON. |
| HOURS DEVOTED FOR RELATED ORGANIZATION | FORM 990 PART VII | NAME:DONALD A DANNER TITLE:PRESIDENT/CEO HOURS:40 |
| HOURS DEVOTED FOR RELATED ORGANIZATION | FORM 990 PART VII | NAME:MARY BLASINSKY TITLE:SVP/SECRETARY HOURS:40 |
| HOURS DEVOTED FOR RELATED ORGANIZATION | FORM 990 PART VII | NAME:TAMMY S BOEHMS TITLE:SVP/CFO HOURS:40 |
| HOURS DEVOTED FOR RELATED ORGANIZATION | FORM 990 PART VII | NAME:JEFF SMITH TITLE:TREASURER HOURS:40 |
| HOURS DEVOTED FOR RELATED ORGANIZATION | FORM 990 PART VII | NAME:SUSAN M ECKERLY TITLE:SVP HOURS:35 |
Schedule R IRS990ScheduleR
Form990 Schedule R Part II Form990ScheduleRPartII (5 entries)
| Address Line1AddressUS/AddressLine1 | CityAddressUS/City | StateAddressUS/State | ZIP CodeAddressUS/ZIPCode | EINEIN | Primary ActivitiesPrimaryActivities | Legal Domicile StateLegalDomicileState | Exempt Code SectionExemptCodeSection | Public Charity StatusPublicCharityStatus | Business Name Line1DirectControllingEntityName/BusinessNameLine1 |
|---|---|---|---|---|---|---|---|---|---|
| NATIONAL FEDERATION OF INDEPENDENT BUS | |||||||||
| 53 CENTURY BLVD SUITE 250 | NASHVILLE | TN | 37214 | 940707299 | MEM. REPRES. | CA | 501(C)(6) | N/A | NA |
| NFIB RESEARCH FOUNDATION | |||||||||
| 53 CENTURY BLVD SUITE 250 | NASHVILLE | TN | 37214 | 043592337 | RESEARCH | TN | 501(C)(3) | SUP. ORG. I | NFIB |
| NFIB YOUNG ENTREPRENEUR FOUNDATION | |||||||||
| 53 CENTURY BLVD SUITE 250 | NASHVILLE | TN | 37214 | 621557196 | EDUCATION | TN | 501(C)(3) | SUP. ORG. I | NFIB |
| NFIB SAVE AMERICAS FREE ENTERPRISE TRUST | |||||||||
| 53 CENTURY BLVD SUITE 250 | NASHVILLE | TN | 37214 | 942532364 | PAC | CA | 527 | N/A | NFIB |
| NFIB THE VOICE OF FREE ENTERPRISE | |||||||||
| 53 CENTURY BLVD SUITE 250 | NASHVILLE | TN | 37214 | 273615830 | SOC. WELFARE | TN | 501(C)(4) | N/A | NFIB |
Form990 Schedule R Part IV Form990ScheduleRPartIV
Name Of Related Org NameOfRelatedOrg
| Field | Value | IRS element (for citing) |
|---|---|---|
| Business Name Line1 | NFIB MEMBER SERVICES CORPORATION | BusinessNameLine1 |
Address US AddressUS
| Field | Value | IRS element (for citing) |
|---|---|---|
| Address Line1 | 53 CENTURY BLVD SUITE 250 | AddressLine1 |
| City | NASHVILLE | City |
| State | TN | State |
| ZIP Code | 372143682 | ZIPCode |
| Field | Value | IRS element (for citing) |
|---|---|---|
| EIN | 942899404 | EIN |
| Primary Activity | MEMBER BENEFITS | PrimaryActivity |
| Legal Domicile State | CA | LegalDomicileState |
Direct Controlling Entity Name DirectControllingEntityName
| Field | Value | IRS element (for citing) |
|---|---|---|
| Business Name Line1 | NA | BusinessNameLine1 |
| Field | Value | IRS element (for citing) |
|---|---|---|
| Type Of Entity | C | TypeOfEntity |
| Field | Value | IRS element (for citing) |
|---|---|---|
| Receipt Of Int Ann Rents Royalties | false | ReceiptOfIntAnnRentsRoyalties |
| Gift Grant Or Cap Contr To Other Org | false | GiftGrantOrCapContrToOtherOrg |
| Gift Grant Or Cap Contr Fr Other Org | true | GiftGrantOrCapContrFrOtherOrg |
| Loans Or Guarantees To Other Org | false | LoansOrGuaranteesToOtherOrg |
| Loans Or Guarantees From Other Org | false | LoansOrGuaranteesFromOtherOrg |
| Sale Of Assets To Other Org | false | SaleOfAssetsToOtherOrg |
| Purchase Of Assets From Other Org | false | PurchaseOfAssetsFromOtherOrg |
| Exchange Of Assets | false | ExchangeOfAssets |
| Rental Of Facilities To Other Orgs | false | RentalOfFacilitiesToOtherOrgs |
| Rental Of Facilities Fr Other Orgs | false | RentalOfFacilitiesFrOtherOrgs |
| Perform Of Services For Other Orgs | false | PerformOfServicesForOtherOrgs |
| Perform Of Services By Other Orgs | false | PerformOfServicesByOtherOrgs |
| Sharing Of Facilities | true | SharingOfFacilities |
| Sharing Of Paid Employees | true | SharingOfPaidEmployees |
| Reimbursement Paid To Other Org | true | ReimbursementPaidToOtherOrg |
| Reimbursement Paid By Other Org | true | ReimbursementPaidByOtherOrg |
| Other Transfer To Other Org | false | OtherTransferToOtherOrg |
| Other Transfer From Other Org | false | OtherTransferFromOtherOrg |
Transactions Related Orgs Table TransactionsRelatedOrgsTable (4 entries)
| Transaction TypeTransactionType | Amount InvolvedAmountInvolved |
|---|---|
| NFIB YOUNG ENTREPRENEUR FOUNDATION | |
| LINE | 195358 |
| NATIONAL FEDERATION OF INDEPENDENT BUSINESS | |
| LINE | 201681 |
| NATIONAL FEDERATION OF INDEPENDENT BUSINESS | |
| LINE | 114611 |
| NATIONAL FEDERATION OF INDEPENDENT BUSINESS | |
| LINE | 174979 |