Fair Pay Act of 2009

All labor and employment policy provisions of the following bills: H.R. 12/ S. 182/ S. 3772 Paycheck Fairness Act H.R. 1020/ S. 931/ Arbitration Fairness Act of 2009 H.R. 2151/ S. 904, Fair Pay Act of 2009 H.R. 2981/ H.R. 3017/ S. 1584, Employment Non-Discrimination Act of 2009 H.R. 3721/ S. 1756, Protecting Older Workers Against Discrimination Act H.R. 3149, Equal Employment for All Act Proposed regulations revising 29 C.F.R. part 1620 related to the Americans with Disabilities Act (to comply with P.L. 110-325) (74 Fed. Reg. 48,431 (Sept. 23, 2009)) Proposed regulations implementing Title II of the Genetic Information Nondiscrimination Act (74 Fed. Reg. 9.056 (Mar. 2, 2009)) Proposed regulations related to "reasonable factors other than age" under the Age Discrimination in Employment Act (75 Fed. Reg. 7,212, February 18, 2010) Proposed regulations related to affirmative action under section 503 of the Rehabilitation Act of 1973 (75 Fed. Reg. 43,116, July 23, 2010) Nominations for the following positions: Commissioner, Equal Employment Opportunity Commission General Counsel, Equal Employment Opportunity Commission

Client expense: $29,250,000 · Firm income: Not reported

Government targets: Agriculture, Dept of (USDA), Army, Dept of (Corps of Engineers), Commerce, Dept of (DOC), Commodity Futures Trading Commission (CFTC), Council on Environmental Quality (CEQ), Defense, Dept of (DOD), Education, Dept of, Energy, Dept of, Environmental Protection Agency (EPA), Equal Employment Opportunity Commission (EEOC), Executive Office of the President (EOP), Export-Import Bank of the United States (EXIM Bank), Federal Communications Commission (FCC), Federal Reserve System, Federal Trade Commission (FTC), General Services Administration (GSA), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Homeland Security, Dept of (DHS), Interior, Dept of (DOI), Justice, Dept of (DOJ), Labor, Dept of (DOL), Maritime Administration (MARAD), Natl Aeronautics & Space Administration (NASA), Natl Economic Council (NEC), Natl Highway Traffic Safety Administration (NHTSA), Natl Institute of Standards & Technology (NIST), Natl Labor Relations Board (NLRB), Natl Security Council (NSC), Office of Management & Budget (OMB), SENATE, Securities & Exchange Commission (SEC), Small Business Administration (SBA), St. Lawrence Seaway Development Corporation, State, Dept of (DOS), Transportation, Dept of (DOT), Treasury, Dept of, U.S. Trade Representative (USTR), White House Office

H.R. 25 - Fair Tax Act of 2009 Legislation to abolish the Internal Revenue Service and enact a national retail sales tax. NSBA supported. H.R. 275 - Withholding Tax Relief Act of 2009 A bill to repeal the mandatory three-percent withholding requirement on all payments for goods and services made to federal, state and local contractors. NSBA supported. H.R. 627The Credit CARD Act of 2009 Bill would amend the Truth in Lending Act to establish fair and transparent practices relating to the extension of credit under an open end consumer credit plan. NSBA supported. H.R. 933 Family-Friendly Workplace Act of 2009 To amend the Fair Labor Standards Act of 1938 to provide compensatory time for employees in the private sector. NSBA supported. H.R. 946 - The Plain Language Act of 2009 Bill would establish plain language as the standard style for Government documents issued to the public, and for other purposes. NSBA supported. H.R. 1409 - Employee Free Choice Act of 2009 To amend the National Labor Relations Act to establish an efficient system to enable employees to form, join, or assist labor organizations, to provide for mandatory injunctions for unfair labor practices during organizing efforts, and for other purposes. NSBA opposed. H.R. 1470 - Equity for Our Nations Self-Employed Act of 2009 The bill would allow self-employed individuals to fully-deduct the cost of their health insurance, thus eliminating the self-employed tax on health care. NSBA supported. H.R. 2151 Fair Pay Act To amend the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin, and for other purposes. NSBA is monitoring this legislation. H.R. 2382 Credit Card Interchange Fees Act Bill would amend the Truth in Lending Act to prohibit unfair practices in electronic payment system networks, and for other purposes. NSBA supported. H.R. 2460 Healthy Families Act Requires certain employers, who employ 15 or more employees for each working day during 20 or more workweeks a year, to permit each employee to earn at least one hour of paid sick time for every 30 hours worked. NSBA opposed. H.R. 2910 S Corporation Modernization Act of 2009 To provide permanent relief, the bill would allow S corporations to liquidate unproductive assets after seven yearsfreeing up capital to be used to grow the business and create jobs. NSBA supported. H.R. 2965 Enhancing Small Business Research and Innovation Act of 2009 Bill would amend and reauthorize the Small Business Act with respect to the Small Business Innovation Research Program and the Small Business Technology Transfer Program. NSBA opposed. H.R. 3032 The Climate Change Center and Clearinghouse Act of 2009 Bill would establish within the SBA an Office of Environment, Energy, and Climate Change and a Climate Change Center and Clearinghouse to provide support and information on climate change to small businesses. NSBA supported. H.R. 3380 - Promoting Lending to America's Small Business Act Bill would amend the Federal Credit Union Act to advance the ability of credit unions to promote small business growth and economic development opportunities, and for other purposes. NSBA supported. H.R. 3457 Small Business Credit Card Act of 2009 Bill would amend the Truth in Lending Act to provide coverage under such Act for credit cards issued to small businesses, and for other purposes. NSBA supported. H.R. 3615 - Home Office Tax Deduction Act of 2009 It amends the Internal Revenue Code to allow a taxpayer who uses a residence to conduct a trade or business a standard tax deduction equal to the lesser of $1,500 or the taxpayer's gross trade or business income derived from the business use of such residence. NSBA supported. H.R. 3639 - Expedited CARD Reform for Consumers Act of 2009 Bill would amend the Credit CARD Act of 2009 to establish an earlier effective date for various consumer protections, and for other purposes. NSBA supported. H.R. 3721 Protecting Older Workers Against Discrimination Act The bill amends the Age Discrimination in Employment Act of 1967 to clarify the appropriate standard of proof. NSBA is monitoring. H.R. 3905 The Estate Tax Relief Act of 2009 Bill increases the estate tax exemption level to $5 million, and reduces the rate to 35 percent, both phased-in over ten years. NSBA supported. H.R. 4067 The Business Checking Fairness Act Bill would authorize interest-bearing transaction accounts at depository institutions. NSBA supported. H.R. 4213 Tax Extenders Act of 2009 The bill would extend the research and development tax credit, the deduction for state sales and real property taxes, an exception for Subpart F active financing income, and the deduction allowed for teachers who purchase their own classroom supplies. NSBA supported. H.R. 4302 The Small Business Job Creation and Access to Capital Act Bill would increase loan limits for small business concerns, to provide for low interest refinancing for small business concerns. NSBA supported. H.R. 4321 Comprehensive Immigration Reform ASAP Act of 2009 A bill to provide for comprehensive immigration reform by providing a path the citizenship for non-documented individuals through the establishment of a set of criteria. In addition, the bill addresses border security and employee legality. NSBA has advocated for provisions that would protect small businesses against overly burdensome regulations resulting from mandates on small businesses. NSBA continues to monitor developments and advocate with staff the potential for unintended consequences resulting from immigration legislation to small businesses. H.R.4549 the Small Business Innovation to Job Creation Act of 2010 Bill would authorize the Administrator of the Small Business Administration to make grants to small business concerns to assist the commercialization of research developed with funds received under the second phase of the Small Business Innovation Research Program. NSBA supported. H.R. 4855 Work-Life Balance Awards Act of 2010 To establish the Work-Life Balance Award for employers that have developed and implemented work-life balance policies. NSBA is monitoring this legislation. H.R. 5107 - Employee Misclassification Prevention Act of 2010 To amend the Fair Labor Standards Act of 1938 to require persons to keep records of non-employees who perform labor or services for remuneration and to provide a special penalty for persons who misclassify employees as non-employees, and for other purposes. NSBA opposed. H.R. 5141 - Small Business Paperwork Mandate Elimination Act Repeals section 9006 of the Patient Protection and Affordable Care Act (PPACA) that requires any business that purchases more than $600 of goods or services from another business to submit a 1099 form to the Internal Revenue Service (IRS). NSBA supported. H.R. 5297 The Small Business Jobs Act of 2010 Bill would create a Small Business Lending Fund Program amend the Internal Revenue Code of 1986 to provide tax incentives for small business job creation. NSBA supported. H.R. 5486 Small Business Jobs Tax Relief Act of 2010 Bill amends the Internal Revenue Code of 1986 to provide tax incentives for small business job creation. NSBA supported. S. 182 Paycheck Fairness Act To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes. NSBA is monitoring this legislation. S. 292 - Withholding Tax Relief Act of 2009 A bill to repeal the mandatory three-percent withholding requirement on all payments for goods and services made to federal, state and local contractors. NSBA supported. S. 296 Fair Tax Act of 2009 Legislation to abolish the Internal Revenue Service and enact a national retail sales tax on the use or consumption in the United States of taxable property or services. It sets the sales tax rate at 23 percent in 2011, with adjustments to the rate in subsequent years. NSBA supported. S. 515 The Patent Reform Act of 2009 Bill would reform U.S. patent system. NSBA opposed. S. 560 Employee Free Choice Act of 2009 To amend the National Labor Relations Act to establish an efficient system to enable employees to form, join, or assist labor organizations, to provide for mandatory injunctions for unfair labor practices during organizing efforts, and for other purposes. NSBA opposed. S. 574 - Plain Writing Act of 2009 Bill would establish plain language as the standard style for Government documents issued to the public, and for other purposes. NSBA supported. S. 725 - Equity for Our Nations Self-Employed Act of 2009 The bill would allow self-employed individuals to fully-deduct the cost of their health insurance, thus eliminating the self-employed tax on health care. NSBA supported. S. 904 Fair Pay Act To amend the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin, and for other purposes. NSBA is monitoring this legislation. S. 988 SIMPLE Cafeteria Plan Act of 2009 Bill would update the tax code to allow small business employees to purchase employer-provided health insurance with pre-tax dollars. It also strengthens current law for all cafeteria plans by expanding dependent flexible spending accounts (DCFSA) and including coverage for long-term care benefits. NSBA has not taken a position on the legislation. S. 996 S Corporation Modernization Act of 2009 To provide permanent relief, the bill would allow S corporations to liquidate unproductive assets after seven yearsfreeing up capital to be used to grow the business and create jobs. NSBA supported. S. 1152 Healthy Families Act Requires certain employers, who employ 15 or more employees for each working day during 20 or more workweeks a year, to permit each employee to earn at least one hour of paid sick time for every 30 hours worked. NSBA opposed. S. 1233 SBIR/STTR Reauthorization Act of 2009 Bill would reauthorize and improve the SBIR and STTR programs. NSBA supported. S. 1615 Next Step for Main Street Credit Availability Act of 2009 Bill would amend the Small Business Act and the Small Business Investment Act of 1958 to stop the small business credit crunch, and for other purposes. NSBA supported. S. 1617 The Investments for Manufacturing Progress and Clean Technology (IMPACT) Act Bill would require the Secretary of Commerce to establish a program for the award of grants to states to establish revolving loan funds for small and medium-sized manufacturers to improve energy efficiency and produce clean energy technology. NSBA supported. S. 1754 - Home Office Deduction Simplification Act of 2009 It amends the Internal Revenue Code to allow a taxpayer who uses a residence to conduct a trade or business a standard tax deduction equal to the lesser of $1,500 or the taxpayer's gross trade or business income derived from the business use of such residence. NSBA supported. S. 1756 Protecting Older Workers Against Discrimination Act To amend the Age Discrimination in Employment Act of 1967 to clarify the appropriate standard of proof. NSBA is monitoring. S. 1832 Small Business Access to Capital Act of 2009 Bill would increase loan limits for small business concerns, provide for low interest refinancing for small business concerns, and for other purposes. NSBA supported. S. 2784 Carper-Voinovich Estate Tax Proposal Bill would freeze the estate tax at the 2009 levelsany estate above $7 million per couple or $3.5 million per individual would be taxed at a 45 percent rate. NSBA supports permanent reform of the estate tax. S. 2869 The Small Business Job Creation and Access to Capital Act Bill would increase loan limits for small business concerns, to provide for low interest refinancing for small business concerns. NSBA supported. S. 2919 The Small Business Lending Enhancement Act Bill would amend the Federal Credit Union Act to advance the ability of credit unions to promote small business growth and economic development opportunities. NSBA supported. S. 3018 Bipartisan Tax Fairness and Simplification Act of 2010 A comprehensive tax reform legislation with provisions consolidating tax brackets for individuals and businesses while at the same time lowering federal tax obligations, in part through a single, flat 24 percent corporate rate. NSBA supported. S. 3024 Job Impact Analysis Act of 2010 Bill to ensure that the creation of jobs by small businesses is considered during the Federal legislative and rulemaking process. NSBA supported. S. 3089 Small Business Patent Data Collection Act of 2010 Bill would require a study and report by the Office of Advocacy of the Small Business Administration regarding the effects of proposed changes in patent law. NSBA opposed. S. 3254 Employee Misclassification Prevention Act of 2010 To amend the Fair Labor Standards Act of 1938 to require persons to keep records of non-employees who perform labor or services for remuneration and to provide a special penalty for persons who misclassify employees as non-employees, and for other purposes. NSBA opposed. S.3533 Responsible Estate Tax Act The bill will permanently fix the estate tax by combining the 2009 exemption levels with progressive rates for larger estates, including a new billionaires surtax. NSBA supports permanent reform of the estate tax. S. 3578 - Small Business Paperwork Mandate Elimination Act Repeals section 9006 of the Patient Protection and Affordable Care Act (PPACA) that requires any business that purchases more than $600 of goods or services from another business to submit a 1099 form to the Internal Revenue Service (IRS). NSBA supported. S. 4757 Health Insurance Rate Authority Act of 2010 To provide for the establishment of a Health Insurance Rate Authority to establish limits on premium rating, and for other purposes. NSBA is monitoring this legislation. Issue: Comprehensive Immigration Reform A general outline for comprehensive immigration reform was been discussed in the Senate. NSBA has advocated for provisions that would protect small businesses against overly burdensome regulations resulting from mandates on small businesses. NSBA continues to monitor developments and advocate with staff the potential for unintended consequences resulting from immigration legislation to small businesses. Agency Comments on Patient Protection and Affordable Care Act Jointly filed comments were sent to Department of Health and Human Resources Secretary Kathleen Sebelius, Department of Labor Secretary Hilda Solis, Department of Treasury Secretary Timothy Geithner. Substantial health plan design changes (e.g., no annual/lifetime limits, bans on cost-sharing of preventative services) have September 2010 effective dates. NSBA requested at least six months to comply with regulations once they are implemented, and a good-faith standard for measuring compliance.

Nominations for the following positions: Commissioner, Equal Employment Opportunity Commission General Counsel, Equal Employment Opportunity Commission All labor and employment provisions of the following bills: H.R. 12/S. 182, Paycheck Fairness Act H.R. 1020/S. 931, Arbitration Fairness Act of 2009 H.R. 2151/S. 904, Fair Pay Act of 2009 H.R. 2981/H.R. 3017/S. 1584, Employment Non-Discrimination Act of 2009 H.R. 3721/S. 1756, Protecting Older Workers Against Discrimination Act H.R. 3149, Equal Employment for All Act S.445/H.R. 4326, Attorney-Client Privilege Protection Act of 2009 Potential legislation related to the use of credit history in employee selection procedures (not yet introduced) Implementation of Franken anti-arbitration amendment to H.R. 3326 Proposed regulations revising 29 C.F.R. part 1620 related to the Americans with Disabilities Act (to comply with PL 110-325) (see Federal Register Sept. 23, 2009) Proposed regulations implementing Title II of the Genetic Information Nondiscrimination Act (see Federal Register Mar. 2, 2009) Proposed regulations implementing Title I of the Genetic Information Nondiscrimination Act (see Federal Register Oct. 7, 2009) Proposed regulations related to reasonable factors other than age under the Age Discrimination in Employment Act (see Federal Register February 18, 2010)

Client expense: $25,120,000 · Firm income: Not reported

Nominations for the following positions: Commissioner, Equal Employment Opportunity Commission General Counsel, Equal Employment Opportunity Commission All labor and employment provisions of the following bills: H.R. 12/S. 182, Paycheck Fairness Act H.R. 1020/S. 931, Arbitration Fairness Act of 2009 H.R. 2151/S. 904, Fair Pay Act of 2009 H.R. 2981/H.R. 3017/S. 1584, Employment Non-Discrimination Act of 2009 H.R. 3721/S. 1756, Protecting Older Workers Against Discrimination Act H.R. 3149, Equal Employment for All Act S.445/H.R. 4326, Attorney-Client Privilege Protection Act of 2009 Potential legislation related to the use of credit history in employee selection procedures (not yet introduced) Implementation of Franken anti-arbitration amendment to H.R. 3326 Proposed regulations revising 29 C.F.R. part 1620 related to the Americans with Disabilities Act (to comply with PL 110-325) (see Federal Register Sept. 23, 2009) Proposed regulations implementing Title II of the Genetic Information Nondiscrimination Act (see Federal Register Mar. 2, 2009) Proposed regulations implementing Title I of the Genetic Information Nondiscrimination Act (see Federal Register Oct. 7, 2009) Proposed regulations related to reasonable factors other than age under the Age Discrimination in Employment Act (see Federal Register February 18, 2010)

Client expense: $25,120,000 · Firm income: Not reported

S. 445/H.R. 4326, Attorney-Client Privilege Protection Act of 2009 All labor and employment policy provisions of the following bills: H.R. 12/S. 182, Paycheck Fairness Act H.R. 1020/S. 931, Arbitration Fairness Act of 2009 H.R. 2151/S. 904, Fair Pay Act of 2009 H.R. 2981/H.R. 3017/S. 1584, Employment Non-Discrimination Act of 2009 H.R. 3721/S. 1756, Protecting Older Workers Against Discrimination Act H.R. 3149, Equal Employment for All Act Potential legislation related to the use of credit history in employee selection procedures (not yet introduced) Implementation of Franken anti-arbitration amendment to H.R. 3326, FY2010 Defense Appropriations Bill Proposed regulations revising 29 C.F.R. part 1620 related to the Americans with Disabilities Act (to comply with PL 110-325) (see Federal Register 48,431, published Sept. 23, 2009) Proposed regulations implementing Title II of the Genetic Information Nondiscrimination Act (see Federal Register 9.056, published Mar. 2, 2009) Proposed regulations implementing Title I of the Genetic Information Nondiscrimination Act (see Federal Register 51,664, published Oct. 7, 2009) Proposed regulations related to "reasonable factors other than age" under the Age Discrimination in Employment Act (see Federal Register 7,212, published February 18, 2010) Nominations for the following positions: Commissioner, Equal Employment Opportunity Commission General Counsel, Equal Employment Opportunity Commission

Client expense: $9,480,000 · Firm income: Not reported

Nominations for the following positions: Commissioner, Equal Employment Opportunity Commission General Counsel, Equal Employment Opportunity Commission All labor and employment provisions of the following bills: H.R. 12/S. 182, Paycheck Fairness Act H.R. 1020/S. 931, Arbitration Fairness Act of 2009 H.R. 2151/S. 904, Fair Pay Act of 2009 H.R. 2981/H.R. 3017/S. 1584, Employment Non-Discrimination Act of 2009 H.R. 3721/S. 1756, Protecting Older Workers Against Discrimination Act H.R. 3149, Equal Employment for All Act S.445/H.R. 4326, Attorney-Client Privilege Protection Act of 2009 Potential legislation related to the use of credit history in employee selection procedures (not yet introduced) Implementation of Franken anti-arbitration amendment to H.R. 3326 Proposed regulations revising 29 C.F.R. part 1620 related to the Americans with Disabilities Act (to comply with PL 110-325) (see Federal Register Sept. 23, 2009) Proposed regulations implementing Title II of the Genetic Information Nondiscrimination Act (see Federal Register Mar. 2, 2009) Proposed regulations implementing Title I of the Genetic Information Nondiscrimination Act (see Federal Register Oct. 7, 2009) Proposed regulations related to reasonable factors other than age under the Age Discrimination in Employment Act (see Federal Register February 18, 2010)

Client expense: $25,120,000 · Firm income: Not reported

H.R. 25 - Fair Tax Act of 2009 Legislation to abolish the Internal Revenue Service and enact a national retail sales tax. NSBA supported. H.R. 275 - Withholding Tax Relief Act of 2009 A bill to repeal the mandatory three-percent withholding requirement on all payments for goods and services made to federal, state and local contractors. NSBA supported. H.R. 933 Family-Friendly Workplace Act of 2009 To amend the Fair Labor Standards Act of 1938 to provide compensatory time for employees in the private sector. NSBA supported. H.R. 946 - The Plain Language Act of 2009 Bill would establish plain language as the standard style for Government documents issued to the public, and for other purposes. NSBA supported. H.R. 1409 - Employee Free Choice Act of 2009 To amend the National Labor Relations Act to establish an efficient system to enable employees to form, join, or assist labor organizations, to provide for mandatory injunctions for unfair labor practices during organizing efforts, and for other purposes. NSBA opposed. H.R. 1470 - Equity for Our Nations Self-Employed Act of 2009 The bill would allow self-employed individuals to fully-deduct the cost of their health insurance, thus eliminating the self-employed tax on health care. NSBA supported. H.R. 2151 Fair Pay Act To amend the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin, and for other purposes. NSBA is monitoring this legislation. H.R. 2382 Credit Card Interchange Fees Act Bill would amend the Truth in Lending Act to prohibit unfair practices in electronic payment system networks, and for other purposes. NSBA supported. H.R. 2460 Healthy Families Act Requires certain employers, who employ 15 or more employees for each working day during 20 or more workweeks a year, to permit each employee to earn at least one hour of paid sick time for every 30 hours worked. NSBA opposed. H.R. 2847 Hiring Incentives to Restore Employment (HIRE) Act Legislation that includes $17.6 billion in tax cuts aimed at encouraging businesses to hire new workers. NSBA supported. H.R. 2910 S Corporation Modernization Act of 2009 To provide permanent relief, the bill would allow S corporations to liquidate unproductive assets after seven yearsfreeing up capital to be used to grow the business and create jobs. NSBA supported. H.R. 2965 Enhancing Small Business Research and Innovation Act of 2009 Bill would amend and reauthorize the Small Business Act with respect to the Small Business Innovation Research Program and the Small Business Technology Transfer Program. NSBA opposed. H.R. 3380 Promoting Lending to Americas Small Business Act Bill would amend the Federal Credit Union Act to advance the ability of credit unions to promote small business growth and economic development opportunities, and for other purposes. NSBA supported. H.R. 3457 Small Business Credit Card Act of 2009 Bill would amend the Truth in Lending Act to provide coverage under such Act for credit cards issued to small businesses, and for other purposes. NSBA supported. H.R. 3590 Patient Protection and Affordable Care Act Comprehensive health care reform legislation. NSBA opposed. H.R. 3615 - Home Office Tax Deduction Act of 2009 It amends the Internal Revenue Code to allow a taxpayer who uses a residence to conduct a trade or business a standard tax deduction equal to the lesser of $1,500 or the taxpayer's gross trade or business income derived from the business use of such residence. NSBA supported. H.R. 3639 - Expedited CARD Reform for Consumers Act of 2009 Bill would amend the Credit CARD Act of 2009 to establish an earlier effective date for various consumer protections, and for other purposes. NSBA supported. H.R. 3905 The Estate Tax Relief Act of 2009 Bill increases the estate tax exemption level to $5 million, and reduces the rate to 35 percent, both phased-in over ten years. NSBA supported. H.R. 3991 Emergency Influenza Containment Act To ensure that American workers are able to follow, without financial harm, the recommendations of their employer and public health authorities to stay home when they have symptoms of a contagious disease that may put co-workers, customers, or the public at risk. NSBA opposed. H.R. 4067 The Business Checking Fairness Act Bill would authorize interest-bearing transaction accounts at depository institutions. NSBA supported. H.R. 4154 The Permanent Estate Tax Relief for Families, Farmers and Small Businesses Bill of 2009 Bill permanently extends the top federal estate tax rate of 45 percent with a $3.5 million exclusion. NSBA supports permanent reform of the estate tax. H.R. 4213 Tax Extenders Act of 2009 The bill would extend the research and development tax credit, the deduction for state sales and real property taxes, an exception for Subpart F active financing income, and the deduction allowed for teachers who purchase their own classroom supplies. NSBA supported. H.R. 4302 The Small Business Job Creation and Access to Capital Act Bill would increase loan limits for small business concerns, to provide for low interest refinancing for small business concerns. NSBA supported. H.R. 4321 Comprehensive Immigration Reform ASAP Act of 2009 A bill to provide for comprehensive immigration reform by providing a path the citizenship for non-documented individuals through the establishment of a set of criteria. In addition, the bill addresses border security and employee legality. NSBA has advocated for provisions that would protect small businesses against overly burdensome regulations resulting from mandates on small businesses. NSBA continues to monitor developments and advocate with staff the potential for unintended consequences resulting from immigration legislation to small businesses. H.R.4549 the Small Business Innovation to Job Creation Act of 2010 Bill would authorize the Administrator of the Small Business Administration to make grants to small business concerns to assist the commercialization of research developed with funds received under the second phase of the Small Business Innovation Research Program. NSBA supported. H.R. 4855 - Work-Life Balance Awards Act of 2010 To establish the Work-Life Balance Award for employers that have developed and implemented work-life balance policies. NSBA is monitoring this legislation. H.R. 4872 Health Care and Education Reconciliation Act of 2010 Reconciliation language amending H.R. 3590. NSBA opposed. H.R. 4849 Small Business and Infrastructure Jobs Tax Act of 2010 The bill includes a 100 percent exclusion of capital gains taxes for small businesses; an extension of Build America Bonds; and a provision allowing the new markets tax credit to be claimed against the alternative minimum tax. NSBA supported. S. 182 Paycheck Fairness Act To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes. NSBA is monitoring this legislation. S. 292 - Withholding Tax Relief Act of 2009 A bill to repeal the mandatory three-percent withholding requirement on all payments for goods and services made to federal, state and local contractors. NSBA supported. S. 515 The Patent Reform Act of 2009 Bill would reform U.S. patent system. NSBA opposed. S. 560 Employee Free Choice Act of 2009 To amend the National Labor Relations Act to establish an efficient system to enable employees to form, join, or assist labor organizations, to provide for mandatory injunctions for unfair labor practices during organizing efforts, and for other purposes. NSBA opposed. S. 574 - Plain Writing Act of 2009 Bill would establish plain language as the standard style for Government documents issued to the public, and for other purposes. NSBA supported. S. 725 - Equity for Our Nations Self-Employed Act of 2009 The bill would allow self-employed individuals to fully-deduct the cost of their health insurance, thus eliminating the self-employed tax on health care. NSBA supported. S. 904 Fair Pay Act To amend the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin, and for other purposes. NSBA is monitoring this legislation. S. 996 S Corporation Modernization Act of 2009 To provide permanent relief, the bill would allow S corporations to liquidate unproductive assets after seven yearsfreeing up capital to be used to grow the business and create jobs. NSBA supported. S. 988 SIMPLE Cafeteria Plan Act of 2009 Bill would update the tax code to allow small business employees to purchase employer-provided health insurance with pre-tax dollars. It also strengthens current law for all cafeteria plans by expanding dependent flexible spending accounts (DCFSA) and including coverage for long-term care benefits. NSBA is monitoring this legislation. S. 1152 Healthy Families Act Requires certain employers, who employ 15 or more employees for each working day during 20 or more workweeks a year, to permit each employee to earn at least one hour of paid sick time for every 30 hours worked. NSBA opposed. S. 1233 SBIR/STTR Reauthorization Act of 2009 Bill would reauthorize and improve the SBIR and STTR programs. NSBA supported. S. 1615 Next Step for Main Street Credit Availability Act of 2009 Bill would amend the Small Business Act and the Small Business Investment Act of 1958 to stop the small business credit crunch, and for other purposes. NSBA supported. S. 1617 The Investments for Manufacturing Progress and Clean Technology (IMPACT) Act Bill would require the Secretary of Commerce to establish a program for the award of grants to states to establish revolving loan funds for small and medium-sized manufacturers to improve energy efficiency and produce clean energy technology. NSBA supported. S. 1754 - Home Office Deduction Simplification Act of 2009 It amends the Internal Revenue Code to allow a taxpayer who uses a residence to conduct a trade or business a standard tax deduction equal to the lesser of $1,500 or the taxpayer's gross trade or business income derived from the business use of such residence. NSBA supported. S. 1832 Small Business Access to Capital Act of 2009 Bill would increase loan limits for small business concerns, provide for low interest refinancing for small business concerns, and for other purposes. NSBA supported. S. 2784 Carper-Voinovich Estate Tax Proposal Bill would freeze the estate tax at the 2009 levelsany estate above $7 million per couple or $3.5 million per individual would be taxed at a 45 percent rate. NSBA supports permanent reform of the estate tax. S. 2869 The Small Business Job Creation and Access to Capital Act Bill would increase loan limits for small business concerns, to provide for low interest refinancing for small business concerns. NSBA supported. S. 2919 The Small Business Lending Enhancement Act Bill would amend the Federal Credit Union Act to advance the ability of credit unions to promote small business growth and economic development opportunities. NSBA supported. S. 3018 Bipartisan Tax Fairness and Simplification Act of 2010 A comprehensive tax reform legislation with provisions consolidating tax brackets for individuals and businesses while at the same time lowering federal tax obligations, in part through a single, flat 24 percent corporate rate. NSBA supported. S. 3024 Job Impact Analysis Act of 2010 Bill to ensure that the creation of jobs by small businesses is considered during the Federal legislative and rulemaking process. NSBA supported. S. 3089 Small Business Patent Data Collection Act of 2010 Bill would require a study and report by the Office of Advocacy of the Small Business Administration regarding the effects of proposed changes in patent law. NSBA opposed. S. 4757 Health Insurance Rate Authority Act of 2010 To provide for the establishment of a Health Insurance Rate Authority to establish limits on premium rating, and for other purposes. NSBA is monitoring this legislation. Issue: Comprehensive Immigration Reform A general outline for comprehensive immigration reform was been discussed in the Senate. NSBA has advocated for provisions that would protect small businesses against overly burdensome regulations resulting from mandates on small businesses. NSBA continues to monitor developments and advocate with staff the potential for unintended consequences resulting from immigration legislation to small businesses.

Nominations for the following positions: Commissioner, Equal Employment Opportunity Commission General Counsel, Equal Employment Opportunity Commission All labor and employment provisions of the following bills: H.R. 12/S. 182, Paycheck Fairness Act H.R. 1020/S. 931, Arbitration Fairness Act of 2009 H.R. 2151/S. 904, Fair Pay Act of 2009 H.R. 2981/H.R. 3017/S. 1584, Employment Non-Discrimination Act of 2009 H.R. 3721/S. 1756, Protecting Older Workers Against Discrimination Act H.R. 3149, Equal Employment for All Act S.445/H.R. 4326, Attorney-Client Privilege Protection Act of 2009 Potential legislation related to the use of credit history in employee selection procedures (not yet introduced) Implementation of Franken anti-arbitration amendment to H.R. 3326 Proposed regulations revising 29 C.F.R. part 1620 related to the Americans with Disabilities Act (to comply with PL 110-325) (see Federal Register Sept. 23, 2009) Proposed regulations implementing Title II of the Genetic Information Nondiscrimination Act (see Federal Register Mar. 2, 2009) Proposed regulations implementing Title I of the Genetic Information Nondiscrimination Act (see Federal Register Oct. 7, 2009) Proposed regulations related to reasonable factors other than age under the Age Discrimination in Employment Act (see Federal Register February 18, 2010)

Client expense: $25,120,000 · Firm income: Not reported

S. 445, Attorney-Client Privilege Protection Act of 2009 H.R. 1508 / S. 537, Sunshine in Litigation Act of 2009All labor and employment policy provisions of the following bills: H.R. 12, S. 182, Paycheck Fairness Act H.R. 1020, S. 931, Arbitration Fairness Act of 2009 H.R. 2151, S. 904, Fair Pay Act of 2009 H.R. 2981, Employment Non-Discrimination Act of 2009 Nominations for the following positions: Commissioner, Equal Employment Opportunity Commission General Counsel, Equal Employment Opportunity Commission Expected proposed regulations revising 29 C.F.R. part 1620 related to the Americans with Disabilities Act (to comply with PL 110-325). Proposed regulations implementing Title II of the Genetic Information Nondiscrimination Act (74 Fed. Reg. 9.056 (Mar. 2, 2009)).

Client expense: $7,430,000 · Firm income: Not reported

S.445, Attorney-Client Privilege Protection Act of 2009 All civil rights and discrimination provisions of the following bills: H.R. 12, S. 182, Paycheck Fairness Act H.R. 1020, S. 931, Arbitration Fairness Act of 2009 H.R. 2151, S. 904, Fair Pay Act of 2009 H.R. 2981, H.R. 3017, S. 1584, Employment Non-Discrimination Act of 2009 H.R. 3721, S. 1756, Protecting Older Workers Against Discrimination Act H.R. 3326, FY 2010 Defense Appropriations Bill, Franken arbitration amendment Proposed regulations revising 29 C.F.R. part 1620 related to the Americans with Disabilities Act (to comply with PL 110-325) (74 Fed. Reg. 48,431 (Sept. 23, 2009)) Proposed regulations implementing Title II of the Genetic Information Nondiscrimination Act (74 Fed. Reg. 9.056 (Mar. 2, 2009)) Proposed regulations implementing Title I of the Genetic Information Nondiscrimination Act (74 Fed. Reg. 51,664 (Oct. 7, 2009)) Nominations for the following positions: Commissioner, Equal Employment Opportunity Commission General Counsel, Equal Employment Opportunity Commission.

Client expense: $71,190,000 · Firm income: Not reported

S. 445, Attorney-Client Privilege Protection Act of 2009 H.R. 1508 / S. 537, Sunshine in Litigation Act of 2009 All labor and employment policy provisions of the following bills: H.R. 12, S. 182, Paycheck Fairness Act H.R. 1020, S. 931, Arbitration Fairness Act of 2009 H.R. 2151, S. 904, Fair Pay Act of 2009 H.R. 2981, Employment Non-Discrimination Act of 2009 Nominations for the following positions: Commissioner, Equal Employment Opportunity Commission General Counsel, Equal Employment Opportunity Commission Expected proposed regulations revising 29 C.F.R. part 1620 related to the Americans with Disabilities Act (to comply with PL 110-325). Proposed regulations implementing Title II of the Genetic Information Nondiscrimination Act (74 Fed. Reg. 9.056 (Mar. 2, 2009)).

Client expense: $7,430,000 · Firm income: Not reported

S. 445, Attorney-Client Privilege Protection Act of 2009 H.R. 1508 / S. 537, Sunshine in Litigation Act of 2009 All labor and employment policy provisions of the following bills: H.R. 12, S. 182, Paycheck Fairness Act H.R. 1020, S. 931, Arbitration Fairness Act of 2009 H.R. 2151, S. 904, Fair Pay Act of 2009 H.R. 2981, Employment Non-Discrimination Act of 2009 Nominations for the following positions: Commissioner, Equal Employment Opportunity Commission General Counsel, Equal Employment Opportunity Commission Expected proposed regulations revising 29 C.F.R. part 1620 related to the Americans with Disabilities Act (to comply with PL 110-325). Proposed regulations implementing Title II of the Genetic Information Nondiscrimination Act (74 Fed. Reg. 9.056 (Mar. 2, 2009)).

Client expense: $7,430,000 · Firm income: Not reported

S.445, Attorney-Client Privilege Protection Act of 2009 All civil rights and discrimination provisions of the following bills: H.R. 12, S. 182, Paycheck Fairness Act H.R. 1020, S. 931, Arbitration Fairness Act of 2009 H.R. 2151, S. 904, Fair Pay Act of 2009 H.R. 2981, H.R. 3017, S. 1584, Employment Non-Discrimination Act of 2009 H.R. 3721, S. 1756, Protecting Older Workers Against Discrimination Act H.R. 3326, FY 2010 Defense Appropriations Bill, Franken arbitration amendment Proposed regulations revising 29 C.F.R. part 1620 related to the Americans with Disabilities Act (to comply with PL 110-325) (74 Fed. Reg. 48,431 (Sept. 23, 2009)) Proposed regulations implementing Title II of the Genetic Information Nondiscrimination Act (74 Fed. Reg. 9.056 (Mar. 2, 2009)) Proposed regulations implementing Title I of the Genetic Information Nondiscrimination Act (74 Fed. Reg. 51,664 (Oct. 7, 2009)) Nominations for the following positions: Commissioner, Equal Employment Opportunity Commission General Counsel, Equal Employment Opportunity Commission.

Client expense: $71,190,000 · Firm income: Not reported

S. 445, Attorney-Client Privilege Protection Act of 2009 H.R. 1508 / S. 537, Sunshine in Litigation Act of 2009 All labor and employment policy provisions of the following bills: H.R. 12, S. 182, Paycheck Fairness Act H.R. 1020, S. 931, Arbitration Fairness Act of 2009 H.R. 2151, S. 904, Fair Pay Act of 2009 H.R. 2981, Employment Non-Discrimination Act of 2009 Nominations for the following positions: Commissioner, Equal Employment Opportunity Commission General Counsel, Equal Employment Opportunity Commission Expected proposed regulations revising 29 C.F.R. part 1620 related to the Americans with Disabilities Act (to comply with PL 110-325). Proposed regulations implementing Title II of the Genetic Information Nondiscrimination Act (74 Fed. Reg. 9.056 (Mar. 2, 2009)).

Client expense: $7,430,000 · Firm income: Not reported

S. 445, Attorney-Client Privilege Protection Act of 2009 H.R. 1508 / S. 537, Sunshine in Litigation Act of 2009 All labor and employment policy provisions of the following bills: H.R. 12, S. 182, Paycheck Fairness Act H.R. 1020, S. 931, Arbitration Fairness Act of 2009 H.R. 2151, S. 904, Fair Pay Act of 2009 H.R. 2981, Employment Non-Discrimination Act of 2009 Nominations for the following positions: Commissioner, Equal Employment Opportunity Commission General Counsel, Equal Employment Opportunity Commission Expected proposed regulations revising 29 C.F.R. part 1620 related to the Americans with Disabilities Act (to comply with PL 110-325). Proposed regulations implementing Title II of the Genetic Information Nondiscrimination Act (74 Fed. Reg. 9.056 (Mar. 2, 2009)).

Client expense: $7,430,000 · Firm income: Not reported