The NFIB Small Business Legal Center is actively involved in four significant legal cases concerning independent contractor classifications, nationwide injunctions, workplace bargaining agreements, and the enforceability of website terms and conditions.
In the case of MNABC v. Blissenbach, NFIB filed an amicus brief at the U.S. Court of Appeals for the 8th Circuit challenging a Minnesota law on independent contractor classification. According to NFIB, "The law’s inclusion in a spending bill with at least a dozen other subjects violates the state constitution’s 'Single Subject and Title Clause.'" Additionally, they argue that "The vague classification standards in the law will be harmful to small businesses."
In Trump v. CASA, NFIB submitted an amicus brief to the U.S. Supreme Court regarding district courts' ability to issue nationwide injunctions and associations like NFIB seeking relief for their members. The brief states: "District courts have the power to issue nationwide relief and their doing so is necessary to protect against unlawful government action." It also emphasizes that "Precedent, history, judicial efficiency, and the Constitution support the right of associations to seek relief on behalf of all members."
For Brown-Forman v. NLRB at the U.S. Court of Appeals for the Sixth Circuit, NFIB joined an amicus brief concerning NLRB's standard for employer-union bargaining orders. They assert: "The new standard violates the U.S Supreme Court’s decision in NLRB v. Gissel Packing Co." Moreover, they believe that "The Board decision in this case must be reversed because it rests entirely on the flawed and invalid Cemex standard."
Lastly, in Chabolla v. ClassPass at the U.S. Court of Appeals for the Ninth Circuit, NFIB filed an amicus brief addressing online agreements' visual requirements for enforceable contracts. Their position is: "The panel decision destroys what predictability small businesses used to have in organizing their websites." They stress that "Small businesses need certainty and predictability from the Ninth Circuit on how to display their online agreements."
NFIB remains committed to protecting small business owners' rights across federal and state courts nationwide.
