Category Archives: Legal

New York State Credit Card Surcharge Restrictions in Limbo

Do you know the New York State law regarding credit card surcharges? If not, you’re not alone. Until October 2013, New York State law prohibited merchants from imposing surcharges on credit card transactions. N.Y. Gen. Bus. Law § 518 (McKinney) … Continue reading

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The Right to Full and Fair Compensation: Making Sure Small Business Gets a Fair-Shake

Since the Supreme Court’s infamous decision, in Kelo v. New London, there have been some big eminent domain reforms across the country. That was the decision that allowed government to take private property from ordinary homeowners, and small businesses, for … Continue reading

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How the West Was Won: What Does the Brandt Decision Mean for Property Rights?

Brandt Revocable Trust v. United States is a case that any property rights advocate should love—especially if you also happen to be an American history buff. Writing for the majority—which included the entire court, with exception of only Justice Sotomayor—Chief Justice … Continue reading

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NFIB Legal Center Submits Hard-Ball Questions to IRS Over Affordable Care Act Regulations

Yesterday the NFIB Legal Center sent IRS Commissioner Hon. John Koskinen a letter voicing concerns over recently finalized regulations governing employers under the Affordable Care Act. Specifically, the letter raised several important questions about the “transition relief” regulations, which IRS … Continue reading

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NFIB Legal Center Dissents in Sarbanes-Oxley Case

This was a disappointing week for small business in the Supreme Court. As we have argued in the past, the heavy-handed and complex requirements of the Sarbanes-Oxley Act were never intended to apply to independent companies. The Act was meant … Continue reading

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Should Antitrust Laws Apply to State and Local Governments Engaged in Anticompetitive Market Conduct?

Occasionally we hear from small business owners who are upset about government affirmatively competing with them for customers. It is certainly a problem if you make a living offering yoga lessons and your town decides to start providing free lessons. … Continue reading

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Predictable Fault-Lines in EPA’s Green House Gas Case: Is a 5-4 Decision in the Works?

This week, in the U.S. Supreme Court, NFIB and various other industry groups took the Environmental Protection Agency (EPA) to task over its decision to begin regulating greenhouse gas emissions (GHGs) from stationary sources (i.e. buildings, and standing structures). Although … Continue reading

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Worker Misclassification: Increased Audits and Penalties in New York State

New York State employers should be vigilant about the proper classification of workers as employees or independent contractors on a go-forward basis. Although businesses already may be aware of the 2007 Questionable Employment Tax Practices (QETP) state-federal initiative to crackdown … Continue reading

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NFIB Legal Explains What the Recess Appointment Case Means for Small Business

Great news from Washington – Virtually all of the commentary on today’s oral arguments in NLRB v. Noel Canning suggests that the Court is inclined to hold President Obama’s 2012 “recess appointments” to the National Labor Relations Board unconstitutional. ABC … Continue reading

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Great News for Small Business: NLRB’s Notice Poster Rule is Dead

In case you missed it, the NFIB Legal Center released a statement earlier this week proclaiming final victory in our legal challenge to the National Labor Relation Board’s “Notice Poster Rule.” The rule would have required virtually every employer in … Continue reading

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