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Leading the News

NFIB Files Amicus Brief at Supreme Court Challenging California Regulation With Nationwide Impact (06/21/2022)

The case questions the constitutionality of California’s Proposition 12 regulation

WASHINGTON, D.C. (June 21, 2022) – NFIB filed an amicus brief at the U.S. Supreme Court in the case National Pork Producers Council v. Karen Ross. NFIB’s brief argues that California’s Proposition 12 imposes onerous regulations on pork producers nationwide and violates the Commerce Clause of the Constitution.

“California’s Proposition 12 is a threat to small businesses not only in California but nationwide,” said Karen Harned, Executive Director of NFIB’s Small Business Legal Center. “If the Court upholds Proposition 12, it will rubber-stamp the imposition of certain California regulations on every state in the nation to the economic detriment of millions of small businesses just trying to keep their head above water. NFIB urges the U.S. Supreme Court to reverse the Ninth Circuit’s decision.”

The case concerns the constitutionality of California’s Proposition 12, which regulates the conduct of pork farmers, processors, wholesalers, and retailers nationwide. NFIB’s brief argues that allowing states to impose their own policy preferences on these industries nationwide will fracture national markets into regional and local affairs, which is a great concern to small businesses.

NFIB filed the brief with the National Association of Manufacturers and the National Cattlemen’s Beef Association.

Business Climate

Supreme Court Shields Small Businesses from Oppressive Energy Regulations (06/30/2022)

WASHINGTON, D.C. (June 30, 2022) – The National Federation of Independent Business (NFIB) commends today’s United States Supreme Court decision in the case West Virginia v. Environmental Protection Agency. The Court agreed to reverse the lower court’s decision, which drastically increased the Environmental Protection Agency’s (EPA) authority to address climate change without clear Congressional approval. Contrary to the lower court, the Supreme Court held that Section 111 of the Clean Air Act did not give EPA authority to transform the nation’s electricity grid, and that such a decision must come from Congress itself or an agency acting upon a “clear delegation” from Congress.

“Small businesses are relieved with today’s decision from the U.S. Supreme Court,” said Karen Harned, Executive Director of NFIB’s Small Business Legal Center. “Energy costs are a large expense and a top concern for small businesses. The Supreme Court made the correct decision today by reining in the EPA’s overreach and requiring clear Congressional approval for expansive regulations affecting the entire energy industry.”

NFIB filed an amicus brief in the case arguing that the EPA needed clear authorization from Congress before imposing costly and significant regulations on the energy sector...

Small Business Marketing

Expert Criticizes Email For Customer Communication, Says Texting Is Superior (04/19/2022)

In a USA Today (4/14, Deerwester) column, lawyer, speaker, and author Steve Strauss wrote that “email is actually a fairly horrible way for business generally, and small business, in particular, to communicate with customers. Unopened and unwanted, ignored and abandoned, emails simply don’t get through anymore.” Strauss went on to argue that texting is superior to emailing.

Wages and Benefits

NFIB webinar explains the employment process to help recruit and retain workers (06/14/2022)

On June 1, the “Hiring & Retaining the Best Talent in a Tight Labor Market: HR Basics for Small Business” webinar was hosted by Senior Executive Counsel for the NFIB Small Business Legal Center Elizabeth Milito and Executive Director for the NFIB Research Center Holly Wade.

NFIB’s research shows that small business owners are struggling with workforce shortages. Forty-seven percent of small business owners are reporting they have job openings they could not fill, and an NFIB survey shows expectations for better business conditions in six months is the lowest it’s been in the nearly 50-year survey.

“While the last two years really demonstrated how resilient and important small businesses are to our economy, I would say that small businesses run America, the pandemic also showed some inefficiencies and deficiencies in businesses,” Milito explained. “Small business and larger businesses too, particularly when it comes to issues related to recruitment and retention of employees.”

For small business owners, it is important to re-examine the processes that are being used for recruiting employees and finding new and effective ways to retain employees.