NSBA | Search our Site

How the New Independent Contractor Rule Will Impact Your Small Business. Join us April 25 at 1:00 p.m.! Join NSBA on April 25 at 1:00 p.m. EDT to hear from leading labor attorney Robert Shea on what you need to know when it comes to the new Independent Contractor rule and how to avoid major regulatory penalties. RELATED | NEWS | DOL Announces Independent Contractor Rule

NSBA applauds the Senators who supported legislation to roll-back the Joint-Employer regulations. FOR IMMEDIATE RELEASE Thursday, April 11, 2024 CONTACT | Molly Day 202-552-2904 mday@nsba.biz Washington, D.C. – Last night, the U.S. Senate passed a bill to roll-back the Joint-Employer regulations that went into effect late-February, 2024. NSBA applauds the Senators who supported the legislation, S.J.Res.49 to undo the National Labor Relations Board’s (NLRB) rule which will pose a significant burden and greatly stymie economic growth and innovation for America’s small businesses. Below is a statement from NSBA President and CEO Todd McCracken. "The National Small Business Association commends the Senate for approving legislation to nullify the NLRB’s misguided joint-employer rule which significantly expands how employers are classified as “joint-employers” meaning far less fair and equal bargaining power for smaller employers. “This rule is a massive overreach from the NLRB and would essentially make larger companies and franchisors responsible and liable for the employment practices of their franchisees, suppliers, vendors, contractors, and subcontractors. “The real-world consequence of this rule is that larger companies will scale back their work with small businesses as suppliers, and instead look to take them over and bring them “in-house”. This will lead to fewer start-ups, lost innovation, higher costs, and a less vibrant entrepreneurial economy.” Celebrating more than 85 years in operation, NSBA is a staunchly nonpartisan organization advocating on behalf of America’s entrepreneurs. NSBA's 65,000 members represent every state and every industry in the U.S. Please visit www.nsba.biz or follow us at: @NSBAAdvocate ###

Reinstating Section 174 R&D tax provisions is vital to small business. In late March, NSBA joined the Innovation Community in a letter to Sen. Joni Ernst (R-Iowa) urging action on the bipartisan, bicameral Tax Relief for American Families and Workers Act of 2024 (H.R. 7024). This tax plan was announced in January, overwhelmingly passing out of the House by a vote of 357-70. H.R. 7024 would restore provisions of Section 174 of the tax code relating to first-year expensing of research and development (R&D) investment by American small businesses. RELATED | PRESS | NSBA Applauds House for Bipartisan Passage of Tax Relief Bill New rules around R&D expensing went into effect in 2022, under which small-business owners are required to amortize R&D investments over five to 15 years. This change dramatically increases annual tax liability and disincentivizes innovation-generating investments, and small-business owners are disproportionately hit by this standard. RELATED | BRIEF | Reinstate the Annual R&D Deduction Read the full letter to Senator Ernst here, and follow NSBA as we continue following progress and urging the Senate to pass H.R. 7024.

Empowering Small Business Through AI and Blockchain. Join us on April 10 at 2:00 p.m.! NSBA invites you to explore the frontiers of business technology during the upcoming webinar "Digital Economy 101: Empowering Small Business Through AI and Blockchain." This virtual panel discussion brings together leading experts Jeannette Spaulding, Alexander Kanen, and Thomas Rivera as they discuss practical insights and strategies for leveraging AI and blockchain technology in small businesses. Register here for this free webinar on Wednesday, April 10 at 2:00 p.m. EDT.

The Prove It Act is legislation meant to bolster small-business protections required under the RFA. On March 21, the House Judiciary Committee favorably passed the bipartisan Prove It Act, which requires federal agencies to take into consideration the costs placed on small businesses through their regulations. Introduced by Congresswoman Yadira Caraveo, M.D. (D-08-Colo.), Congressman Brad Finstad (R-01-Minn.), and Congressman Nathaniel Moran (R-01-Texas), the legislation strengthens small-business protections established in the Regulatory Flexibility Act, including ensuring small businesses can easily access pre-existing documents for guidance online and create a way for small businesses to directly raise questions or concerns with their regulators. Alongside NSBA, the Prove It Act is supported by a number of small-business advocacy groups, including the: Job Creators Network, U.S. Chamber of Commerce, National Federation of Independent Business, the Independent Community Bankers Association, National Association of Insurance and Financial Advisors, International Franchise Association, and Owner-Operator Independent Drivers Association, to name a few. Follow NSBA as we continue tracking progress of this legislation through the House and Congress.

Shutdowns harm small businesses. NSBA applauds Congress for reaching a funding compromise. On Saturday, March 23, President Joe Biden signed a $1.2 trillion spending package a mere hours before a partial government shutdown. Although leaders on both sides of the aisle in both chambers celebrated the spending package agreement, before a compromise could be reached, gridlock on several hard line items, like border security spending, required passage of several short-term bills to keep the agencies funded. NSBA applauds Congress for reaching a compromise on spending, as shuttered agencies and shutdowns harm small business, including small-business owners’ access to resources provided by critical federal agencies.

NSBA commends Congress for progressing legislation to block unnecessarily burdensome worker classification regulations. FOR IMMEDIATE RELEASE Friday, March 22, 2024 CONTACT | Molly Day 202-552-2904 mday@nsba.biz Washington, D.C. – This week, the House Committee on Education and the Workforce passed a bill out of committee that would repeal changes to the threshold and standard for qualifying workers as Independent Contractors. Below is a statement from NSBA President and CEO Todd McCracken. "The National Small Business Association commends Congress for progressing legislation to block unnecessarily burdensome worker classification regulations that would jeopardize millions of jobs and businesses. This move would not only safeguard the autonomy of small businesses but also preserve the flexibility vital for their growth and innovation in today's dynamic economy." Read more from NSBA on the latest from worker classification standards. Celebrating more than 85 years in operation, NSBA is a staunchly nonpartisan organization advocating on behalf of America’s entrepreneurs. NSBA's 65,000 members represent every state and every industry in the U.S. Please visit www.nsba.biz or follow us at @NSBAAdvocate ###

Shutdowns harm small business. MARCH 20 |  Congress is facing yet another shutdown, with the latest looming deadline of Friday fast approaching. Speaker Mike Johnson (R-La.) said he expects new text for the most recent edition of the funding bill to be released as soon as this afternoon, including six spending bills providing solvency to several agencies, like the Dept. of Defense, as well as the Dept. of Veterans Affairs. With procedural issues magnifying limited time before Friday’s deadline, Speaker Johnson attributed delay of passage to issues with funding for the Dept. of Homeland Security and its relation to immigration concerns. The House has a rule requiring 72 hours for Membrs of Congress to review legislation before voting, and the Senate cloture rule is intended to provide similar time for deliberations; however, this means a vote may not happen until the end of the week or weekend, increasing the chances of a shutdown. Both chambers are able to waive these procedural provisions, but the provisions’ purposes for review are a hard line for a number of Members of Congress. Follow NSBA as we continue tracking progress of passage of this spending bill package.

Contracting 101 - the fourth installment of our Service to Success webinar series! On Wednesday, March 13, 2024, the NSBA Veterans’ Network hosted “Service to Success: Contracting 101.” The webinar discusses the first steps toward becoming a successful contractor in the public & private sectors. Led by Keith King of NVBDC, Shauna Weatherly of FedSubK, LLC; and Bill Belknap of AEONRG, “Contracting 101” is the fourth installment of the Service to Success webinar series. To learn more, please visit: nsba.biz/veteransnetwork 00:00 | Webinar Welcome and Introductions 14:27 | Where to Start: SAM.gov Registration 16:28 | Applying for Certification Through the SBA 17:06 | Do I Have to Pay to Register for SAM.gov? NO! 20:14 | Getting Registered for Commercial Supplier Diversity Opportunities 25:36 | How Do I Bid on my First Contract? 27:06 | Key Resource: SAM.gov Databank 30:24 | Navigating the Catch-22 of “Past Performance” 33:19 | Establishing Performance in the Private Sector as a Subcontractor 37:16 | Importance of a Capability Statement in the Private Sector 38:06 | Getting to Know Potential Buyers, Primes, and Clients in the Corporate World 42:05 | Best Practices for Networking with Federal Procurement Officials 45:33 | Why Isn’t My Procurement Official Getting Back to Me? 46:56 | I Didn’t Win the Bid. How Do I Receive Feedback from the Buyer? 49:11 | Where to go for Guidance on Federal Bids 50:50 | Pro Tip: Spellcheck! 53:35 | Taking Advantage of Additional Free Resources

Follow NSBA as we continue tracking changes to the NLRB’s joint-employer rule. This month, a U.S. District Court for the Eastern District of Texas blocked a rule from the National Labor Relations Board (NLRB) that changed the way joint-employer status is determined. In its decision to block this rule, the court reinstated an NLRB rule from 2020 that protects businesses from undue liability for employees not under their direct control. RELATED | NEWS | House Panel Moves Resolution to Block NLRB Joint Employer Rule According to the Texas district court’s current ruling: control for franchisees is reestablished after the NLRB changed the elements involved in evaluating a joint-employe relationship in Oct. 2023, as well as how unions would be able to organize. NSBA has been closely following developments of the NLRB’s joint-employer rule and its many changes over the last two years. RELATED | NEWS | Voice Your Support for Changes to DOL Standard

Owners and employers should have the flexibility to choose options best for their small businesses. This month, NSBA joined more than 80 organizations in support of H.R. 7367, the Overtime Pay Flexibility Act, which prohibits the Department of Labor (DOL) from finalizing, implementing, or enforcing its proposed rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees.” Joining the Partnership to Protect Workplace Opportunity (PPWO), NSBA urges Congress to pass H.R. 7367, which would prevent the DOL from reclassifying millions of employees from salaried to hourly workers. RELATED | NEWS | DOL Proposes New Overtime Rules NSBA has long believed that employers and employees are best served by a system promoting maximum flexibility in structuring employees’ hours, career advancement opportunities and clarity for employers when it comes to their employees’ classifications, rather than be rushed into compliance for regulations that were just changed less than three years ago. For some context, to comply with DOL’s expected new overtime regulations, employers will be obligated to monitor non-exempt employees’ worktime, but that may not be compatible with  new and growing workforce and work-from-home dynamics. Consequently, changes to the white-collar exemptions may leave many workers unable to enjoy the part-time or remote work that many people have come to enjoy since COVID. RELATED | NEWS | NSBA Signs Letter Opposing Rushed Overtime Regulation Changes NSBA urges Congress to hold the DOL accountable and abandon or postpone enactment of the rule until the current economic situation stabilizes and improves.  This extra time will allow the American workforce, employer community, and DOL itself to more fully understand how the pandemic has shifted the paradigm of work in America. Read the entire letter here, review NSBA's letters-comments-testimony submissions here, and follow NSBA as we continue advocating for commonsense policy to serve the small-business community.

"...the Eleventh Circuit...can now affirm the ruling we obtained from the Northern District of Alabama that the CTA is unconstitutional." NSBA’s legal team is arguing our case against Treasury over the Corporate Transparency Act, and we've just been handed our first victory in this long fight. Watch our member briefing on the ruling, read our response to FinCEN's response, our response to the appeal by the DOJ, and learn more about NSBA's efforts to protect small-business from cumbersome regulations here