Small Business has an Allie against OSHA's Vaccine Mandate

 Small Business is under attack. 

Please read this and pass it on to other small business owners you know.

Small Business has an Allie against OSHA's Vaccine Mandate 
 

NFIB’s Lawsuit Against OSHA’s Vaccine Mandate

 

• NFIB has filed a lawsuit against OSHA’s emergency temporary standard (ETS) which would mandate businesses with 100 or more employees require workers get the COVID-19 vaccine or undergo weekly testing and wear masks while at work.

• This case is about whether or not OSHA has the authority to issue such a mandate.

• NFIB argues that the Biden Administration’s ETS exceeds the authority Congress gave to OSHA.

• NFIB is concerned that if the OSHA mandate is allowed, it will set a bad precedent going forward. We do not believe OSHA has this broad of authority under the law.
• NFIB also opposes the mandate as it restricts the freedom of small business owners to decide how best to operate their businesses and imposes unwarranted burdens on small businesses that further threaten the small business recovery.

• NFIB’s lawsuit argues three main points:

1. OSHA needed to use the typical notice-and-comment procedure for the mandate to gather public input, rather than depending on an “emergency” provision of the Occupational Health and Safety Act to immediately implement the mandate.
2. A nationwide COVID-19 vaccine and testing mandate, monitoring, and database is a policy decision and should be left to Congress.
3. The mandate will result in unrecoverable compliance costs, lost profits, lost sales, and further exacerbate the labor shortage for small businesses.

From: "Hall, Maggie" <maggie.hall@nfib.org>
Date: November 9, 2021 at 9:27:17 PM EST

Subject: NFIB Files Lawsuit Against OSHA’s Vaccine Mandate on America’s Businesses 

For Immediate Release NFIB Files Lawsuit Against OSHA’s Vaccine Mandate on America’s Businesses NFIB files petition for review at the U.S. Fifth Circuit Court of Appeals WASHINGTON, D.C. (Nov. 9, 2021) – NFIB filed a legal challenge today against the Biden Administration’s emergency temporary standard, which would mandate businesses with 100 or more employees require workers take the COVID-19 vaccine or undergo weekly testing and wear masks while at work. NFIB filed a petition for review at the United States Court of Appeals for the Fifth Circuit arguing the Court should stay OSHA’s “COVID-19 Vaccination and Testing; Emergency Temporary Standard.” “The small business economy is fragile, and owners continue to manage several business challenges regarding staffing and supply chain disruptions,” said Karen Harned, Executive Director of NFIB’s Small Business Legal Center. “This mandate only increases those challenges and threatens to cause an enormous financial loss. Ultimately, the mandate restricts the freedom small business owners depend on to run their businesses and is a clear example of administrative overreach.” In the challenge, NFIB argues that OSHA needed to use the typical notice-and-comment procedure for the mandate to gather public input, rather than depending on a rarely used, and ill-defined “emergency” provision of the Occupational Health and Safety Act to immediately implement the mandate. NFIB also argues that a nationwide COVID-19 vaccine and testing mandate, monitoring, and database is fundamentally a policy decision that should be left to Congress. Lastly, NFIB argues the mandate will result in unrecoverable compliance costs, lost profits, lost sales, and further exacerbate the labor shortage for small businesses. NFIB filed the challenge with the following business associations: Mississippi Trucking Association, Texas Trucking Association, Louisiana Motor Transport Association, American Trucking Associations, National Association of Wholesale-Distributors, FMI – The Food Industry Association, International Warehouse & Logistics Association, National Association of Convenience Stores, International Foodservices Distributors Association, and National Retail Federation. NFIB has opposed the rule and previously sent a letter to Secretary of Labor Marty Walsh regarding small business concerns. The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court. To arrange an interview with Harned, please contact Maggie Hall at maggie.hall@nfib.org. ### For more than 75 years, NFIB has been advocating on behalf of America’s small and independent business owners, both in Washington, D.C., and in all 50 state capitals. NFIB is nonprofit, nonpartisan, and member-driven. Since our founding in 1943, NFIB has been exclusively dedicated to small and independent businesses, and remains so today. For more information, please visit nfib.com.

If you own a small business or a farm, or you are an independent sales rep, or entrepreneur, or even a retired business owner, we need you and we need you now. Free Enterprise is under attack. NFIB has been the "Voice of Small Business" for over 75 years. I have been involved as the local membership rep for almost 4 years. We need your help, we need your membership.

Bottom line, if we don’t turn this current situation around, our youth and further generations may not be able to experience what Free Enterprise means to the entire community, state, and the USA.

PLEASE JOIN NFIB today.

You can call me to process your membership over the phone or return the attached invoice with your check made out to NFIB. The suggested yearly membership rates are also attached which are based on your number of employees. Please take just a moment to act now. Our country and the way of business are at stake.

Please choose an amount that is affordable for your business and call my cell shown in the picture. 

I am being totally transparent here. The very lowest amount for a membership with all of its materials, services, and benefits is $195 but for those business owners who want to have “a bigger dog in the fight” please choose a more appropriate rate. NFIB is like an employee that will work hard for you that you won’t have to worry about showing up for work. At a $10 hourly rate, an employee working 40 hours a week, for one year would be approximately $20,000. We can only accept up to $15,000 (so no one member can have influence over votes). Most business owners choose something in between $200 and $15,000. At this time of year, many business owners are seeking tax deductions and an NFIB membership qualifies.

Thanks for reading this letter and I look forward to processing your membership.

CLICK HERE for a pdf of the rate card and invoice to complete and mail. Or you may call my cell number shown in the image above and I will process your membership over the phone and email you an invoice while still on the phone. 

Terry Scott

NFIB Rep 3A687