NFIB' Duggan: Using Your Voice to Advocate on Labor Issues, Taxes, and the Supreme Court

Date: September 06, 2018

As a busy summer transitions into what looks to be an equally eventful fall, we kicked off the month with Labor Day. This holiday is intended to honor America’s workers, the very workers small business owners know best. As an owner, you know that a robust and qualified workforce is one of your most valuable assets. You also know how difficult government can make it to hire, train, and retain workers.

While we at NFIB often celebrate the federal and state legislative victories achieved on your behalf, we equally value the regulatory victories we’ve had, including those that affect the workforce and your employees.

For decades, NFIB’s Small Business Legal Center has been the voice for small business in the nation’s courts that, among other things, rule on the legality of regulations. In June, The Supreme Court agreed with NFIB that compulsory public employee union fees were unconstitutional. NFIB filed an amicus brief in the case, Janus v. American Federation of State, County, and Municipal Employees, Council 31, which overturned a 40-year precedent and protects employees. The Janus case was only one of more than 50 cases in which NFIB was involved in federal and state courts in the past year.

This year, we also were successful in our efforts related to a rule issued in 2016, known as the Persuader Rule, that made it more difficult for small business owners to use legal counsel in cases involving unionization issues. This year, the Department of Labor’s Persuader rule was overturned.

On the heels of Labor Day, the U.S. Senate began hearings on the nomination of Judge Brett Kavanaugh for the Supreme Court of the United States. It is already very evident from Judge Kavanaugh’s record and the few days of hearings that he recognizes the significance of agencies not overstepping their bounds and enforcing the rule of law when they do. The fate of issues very similar to Janus and the Persuader Rule could very well end up at the Supreme Court. NFIB has provided every member of the Judiciary Committee with a letter voicing our support for Judge Kavanaugh and more than a thousand NFIB members have contacted their elected officials. As hearings continue this and next week, you can follow Judge Kavanaugh’s confirmation here.

We’re proud of our advocacy efforts in Congress and state capitols that have led to victories such as the Tax Cuts and Jobs Act. But it is also important to remember that those who don’t write laws, but try to legislate through regulation, can often have the most negative effects on small business. Through our state and federal advocacy efforts and NFIB’s Small Business Legal Center, we will continue our focus on labor issues, which in turn, allows you to protect your employees.

To learn more about the NFIB Small Business Legal Center and the cases on which they’re advocating, go here. None of these victories would have been possible without your support for the cause of small business and I thank you for your NFIB membership.

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