Employee Misclassification Prevention Act

Paycheck Fairness Act (S.3772, H.R. 12) (employer) Employee Misclassification Prevention Act (S. 3254, H.R. 5107) (employer) Employee Free Choice Act (S. 560, H.R. 1409) (employer)

Client expense: $1,270,000 · Firm income: Not reported

Government targets: Commodity Futures Trading Commission (CFTC), Federal Deposit Insurance Corporation (FDIC), Federal Reserve System, HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), SENATE, Treasury, Dept of, U.S. Trade Representative (USTR)

H.R. 5107 - Employee Misclassification Prevention Act; provisions that would affect use of independent contractors within the securities industry S. 3254 - Employee Misclassification Prevention Act; provisions that would affect use of independent contractors within the securities industry

Client expense: $270,000 · Firm income: Not reported

Government targets: HOUSE OF REPRESENTATIVES, SENATE

Limit Executive Compensation Abuse Act - H.R. 857 The Savings for American Families Future Act of 2009 H.R. 1961 The 401 (k) Fair Disclosure for Retirement Security Act 0f 2009 H.R. 1984 Conflicted Investment Advice Prohibition Act of 2009 H.R. 1988 Savings Recovery Act H.R. 2021 Retirement Security Needs Lifetime Pay Act H.R. 2748 Retirement Savings Transparency Act of 2009 - H.R. 2792 The Defined Contribution Plan Fee Transparency Act H.R. 2779 401 (k) Fair Disclosure and Pension Security Act of 2009 H.R. 2989 Consumer Financial Protection Agency Act of 2009 H.R. 3126 Foreign Account Tax Compliance Act of 2009 H.R. 3933 Preserve Benefits and Jobs Act of 2009 H.R. 3936 Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act H.R. 3962/Public Law No: 111-192 Retirement Fairness Act H.R. 4126 Sensible Transparency for Retirement Plans Act H.R. 4146 Tax Technical Corrections Act of 2009 H.R. 4169 Dodd-Frank Wall Street Reform and Consumer Protection Act - Restoring American Financial Stability Act of 2010 H.R. 4173, Public Law No: 111-203 American Workers, State, and Business Relief Act H.R. 4213/Unemployment Compensation Extension Act of 2010 (tax extenders) Public Law No: 111-205 Small Businesses Add Value for Employees Act of 2009 (SAVE Act) H.R. 4742 Middle Class Tax Cut Act (Senate Amendment 4727) package of tax extensions and other provisions to the defined benefit pension funding relief provisions, and a provision extending parity for employee transit subsidies Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act H.R. 4853 Amendment to a Federal Aviation Administration funding extension bill H.R. 4915 Medicare and Medicaid Extenders Act H.R. 4994 Employee Misclassification Prevention Act (EMPA) H.R. 5107 Small Business Jobs and Credit Act of 2010 H.R. 5297 tax extenders, defined benefit pension plan funding relief - technical corrections from H.R. 3962 Automatic IRA Act of 2010 H.R. 6099 Fair Playing Field Act of 2010 H.R. 6128 (worker classification) Public Employee Pension Transparency Act - H.R. 6484 Health Care Reform regulatory implementation and compliance issues from the Patient Protection and Affordable Care Act (PPACA) Public Law No: 111-148 & the Health Care and Education Reconciliation Act of 2010 (HCERA) Public Law 111-152 new compensation deduction limits on entities receiving health insurance premiums (162 (m)(6)) Financial Services Reform regulation of swaps transactions, major swap participants (MSPs), swaps, business conduct standards, fiduciary duty and liability issues; effects on pension, retirement, and health plans that use swaps; 401 (k) stable value funds and contracts, retirement plan administration, compensation disclosure issues Pension Funding - additional funding relief and technical corrections for defined benefit pension plans, single and multiemployer plans, nonqualified deferred compensation conditions, PBGC premium funding target methods and premium submission issues, plan termination issues Retirement Security nonqualified deferred compensation, executive compensation, defined contribution plan issues, 401 (k) plans, conversions to Roth 401 (k) plans, automatic IRAs, investment advice, investment selection (target date funds), the Savers Credit, retirement savings plans for small businesses, lifetime income issues, nondiscrimination rules for retirement plans, alternative pension investments, accounting transparency for pensions, plan loans, tax expenditures for retirement plans National Commission on Fiscal Responsibility and Reform implications for benefits Senate Cap Executive Officer Pay Act of 2009 - S. 360 The Defined Contribution Fee Disclosure Act of 2009 - S. 401 Shareholder Bill of Rights Act S. 1074 Retirement Security for Life Act of 2009 S. 1297 Pension Benefit Guaranty Corporation (PBGC) Governance Improvement Act of 2009 S. 1544 Foreign Account Tax Compliance Act of 2009 S. 1934 Lifetime Income Disclosure Act S. 2832 Create Jobs and Save Benefits Act of 2010 S. 3157 Restoring American Financial Stability Act/Wall Street Transparency and Accountability Act S. 3217 Employee Misclassification Prevention Act (EMPA) S. 3254 Automatic IRA Act of 2010 S. 3760 Paycheck Fairness Act S. 3772 Fair Playing Field Act of 2010 S. 3786 (worker classification) Job Creation and Tax Cuts Act of 2010 S. 3793 Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act H.R. 3962, Public Law No: 111-192 American Workers, State, and Business Relief Act /American Jobs and Closing Tax Loopholes Act (tax extenders) H.R. 4213, & Substitute amendments Dodd-Frank Wall Street Reform and Consumer Protection Act - Restoring American Financial Stability Act of 2010 H.R. 4173, Public Law No: 111-203 Middle Class Tax Cut Act (Senate Amendment 4727) package of tax extensions and other provisions to the defined benefit pension funding relief provisions, and a provision extending parity for employee transit subsidies Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act H.R. 4853 Amendment to a Federal Aviation Administration funding extension bill H.R. 4915 Medicare and Medicaid Extenders Act H.R. 4994 Small Business Jobs and Credit Act of 2010 H.R. 5297 (revised substitute) Health Care Reform regulatory implementation and compliance issues from the Patient Protection and Affordable Care Act (PPACA) Public Law No: 111-148 & the Health Care and Education Reconciliation Act of 2010 (HCERA) Public Law 111-152 new compensation deduction limits on entities receiving health insurance premiums (162 (m)(6)) Financial Services Reform regulation of swaps transactions, major swap participants (MSPs), swaps, business conduct standards, fiduciary duty and liability issues; effects on pension, retirement, and health plans that use swaps; 401 (k) stable value funds and contracts, retirement plan administration, compensation disclosure issues Pension funding additional funding relief and technical corrections for defined benefit pension plans, single and multiemployer plans, nonqualified deferred compensation conditions, PBGC premium funding target methods and premium submission issues, plan termination and governance issues Retirement Security nonqualified deferred compensation, executive compensation, defined contribution plan issues, 401 (k) plans, automatic IRAs, conversions to Roth 401(k) plans, investment advice, investment selection (target date funds), the Savers Credit, lifetime income issues, nondiscrimination rules for retirement plans, plan loans, tax expenditures for retirement plans, long-term disability policies (LTDs) National Commission on Fiscal Responsibility and Reform implications for benefits Pension funding relief - adequacy of defined benefit vehicles, hybrids, proposed hybrid retirement plan regulations, retirement plan designs, and tax treatment of expatriates Investment advice - adequacy of defined contribution vehicles, investment selection (target date funds) and annuity issues, automatic/mandatory individual retirement accounts (IRAs), proposed regulations regarding target date funds (TDFs) and qualified default investment alternatives (QDIAs) Disclosure for defined contribution (DC) and defined benefit (DB) plans and service providers -ERISA Section 408 (b) (2), Fiduciary requirements 401 (k) participant fee disclosure regulations, proposed definition of fiduciary for investment advice arrangements, in-plan Roth conversions issues Defined Benefit (DB) plan year filing issues Form 5500 (EFAST) Cash balance and pension equity plans, market rate of return for hybrid plans Nonqualified deferred compensation (NQDC), new compensation deduction limits on entities receiving health insurance premiums 162 (m) (6) Pension Benefits Guaranty Corporation (PBGC) premium funding target methods (variable rate premiums), premium submission and plan termination issues, proposed regulations - (ERISA Section 4062(e)) Foreign bank account reporting, Report of Foreign Bank and Financial Accounts (FBAR) Financial services regulatory reform, executive compensation disclosure issues, involvement with employee benefit plans, Swaps, definition of major swap participant and major security-based swap participant, business conduct standards, family offices, Domestic plan asset investment issues Puerto Rican plan trust issues Multiemployer plan issues

Client expense: $272,633 · Firm income: Not reported

Government targets: Centers For Medicare and Medicaid Services (CMS), Commodity Futures Trading Commission (CFTC), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Internal Revenue Service (IRS), Labor, Dept of (DOL), Pension Benefit Guaranty Corporation (PBGC), SENATE, Securities & Exchange Commission (SEC), Treasury, Dept of

Wage&Hour Enforcement; Worker misclassification & independent contractors, H.R. 1409/S.590, Employee Free Choice Act; Under-reporting of worker injuries, multi-site employees; organizing rights of workers at FedEx; worker misclassification at FedEx; ; H.R. 3408/S. 2882, Taxpayer Responsibility, Accountability and Consistency Act; H.R. 847/S.1334 James Zodrga 9/11 health & compensation of 2009; H.R. 2067/S.1580, Protecting America's Workers Act; H.R. 2113 to require corporate wide reporting/workplace injuries and illnesses. OSHA Enhancement Enforcement Programs; OSHA state programs; OSHA-enforcement and penalty issues; family and victim rights; DOL worker misclassification/UI initiatives. H.R. 5107/ S. 3254, Employee Misclassification Prevention Act. H.R. 5663/S.3761, the Miner Act; S.3786/H.R. 6128, The Fair Playing Field Act of 2010; S. 182/S.3772/H.R. 12, Paycheck Fairness Act; H.R. 6495/S.3671, Robert C. Byrd Mine Safety and Protection Act.

Client expense: $281,000 · Firm income: Not reported

Government targets: Commerce, Dept of (DOC), Federal Motor Carrier Safety Administration, HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Labor, Dept of (DOL), Office of the Vice President of the United States, Pension Benefit Guaranty Corporation (PBGC), SENATE, Transportation, Dept of (DOT), Treasury, Dept of, U.S. Trade Representative (USTR), White House Office

Fair Labor Standards Act - Workforce Flexibility - Exemptions - and impact on IBM and its employees: S.3254/H.R.5107, Employee Misclassification Prevention Act Pension provisions: S. 3217, H.R. 4173, Dodd-Frank Wall Street Reform and Consumer Protection Act (PL 111-203) Benefits: H.R.4213, American Jobs and Closing Tax Loopholes Act of 2010 Immigration Reform Competition Policy Equal Employment Opportunity and Disability Issue Compliance - ADAAA Implementation and Regulatory Reform Efforts - OFCCP Implementation of 1973 Rehabilitation Act provisions S3772 - Paycheck Fairness Act

Client expense: $980,000 · Firm income: Not reported

Government targets: Commerce, Dept of (DOC), Defense Advanced Research Projects Agency (DARPA), Energy, Dept of, Equal Employment Opportunity Commission (EEOC), Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Internal Revenue Service (IRS), Justice, Dept of (DOJ), Labor, Dept of (DOL), Natl Institute of Standards & Technology (NIST), Natl Security Agency (NSA), Natl Security Council (NSC), Office of Science & Technology Policy (OSTP), Patent & Trademark Office (PTO), SENATE, Securities & Exchange Commission (SEC), State, Dept of (DOS), Treasury, Dept of, U.S. Trade Representative (USTR), White House Office

H.R. 12 and S. 182 Paycheck Fairness Act H.R. 5107 and S. 3254 Employee Misclassification Prevention Act H.Res. 1598 National Work and Family Month Resolution H.R. 2161 Family and Medical Leave Restoration Act H.R. 2564 Paid Vacation Act H.R. 5348 Federal Workforce Reduction Act H.R. 6134 Fed Furlough Bill S. 707 Telework Enhancement Act of 2010 S. 674 Federal Supervisor Training Act S.3747 Reduce and Cap the Federal Government Other Work/Life Issues Other Compensation Issues Other Paid Time Off/Sick Leave Issues Other Telework Issues Other Federal Sector Pay

Client expense: $11,744 · Firm income: Not reported

Government targets: HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Internal Revenue Service (IRS), Labor, Dept of (DOL), Office of Personnel Management (OPM), SENATE, Securities & Exchange Commission (SEC), Treasury, Dept of, White House Office

S. 3772, Paycheck Fairness Act All labor and employment provisions of the following bills: H.R. 1409 / S. 560, Employee Free Choice Act of 2009 H.R. 1176 / S. 478, Secret Ballot Protection Act of 2009 H.R. 2067 / S. 1580, Protecting America's Workers Act H.R. 2460 / S. 1152, Healthy Families Act H.R. 3403 / S. 1543, Supporting Military Families Act of 2009 H.R. 5107 / S. 3254, Employee Misclassification Act H.R. 5663 / S. 3671, Robert C. Byrd Miner Safety and Health Act of 2010 S.J.Res. 30, A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Mediation Board relating to representation election procedures H.R. 1355, National Labor Relations Modernization Act H.R. 2077, Alert Laid Off Employees in Reasonable Time Act H.R. 5176, Family and Independent Business Protection Act of 2010 H.R. 5860, Union Member Protection Act H.R.6495, Robert C. Byrd Mine Safety Protection Act of 2010 S. 3991, Public Safety Employer-Employee Cooperation Act of 2010 Potential legislation related to employee classification and compensable time under the Fair Labor Standards Act (not yet introduced) All provisions of the following Executive Orders: E.O. 13,494, related to encouraging federal contractors to remain neutral in union organizing E.O. 13,495, related to new contractors under the Service Contract Act offering the right of first refusal to employees if a displaced contractor Potential "high road"/blacklisting government contracting Executive Order or regulation (not yet published) Potential change in interpretation of "advice" exemption under 203 of the Labor Management Reporting and Disclosure Act Proposed and final regulations governing union elections under the Railway Labor Act (74 Fed. Reg. 56,750, Nov. 3, 2009; 75 Fed. Reg. 26, 062, May 11, 2010) FTC and DOJ Horizontal Merger Comments: Revisions to Horizontal Merger Guidelines (not yet published in Federal Register) FTC use of Section 5 and Issuance of Report on Section 5 Workshops: Expansive use of Section 5 of the FTC Act by the FTC FTC Hart Scott Rodino comments: Revisions to HSR rules Proposed regulations implementing Executive Order 13,495 related to the Service Contract Act (75 Fed. Reg. 13, 384, March 19, 2010) Proposed regulations implementing Executve Order 13,494 related to labor relations costs of federal contractors (75 Fed. Reg. 19, 345, Apr. 14, 2010) Proposed regulations related to flight crew duty and rest (75 Fed. Reg. 55, 825, Sept. 14, 2010)) Proposed new interpretation of "feasibilty" as it relates to engineering and administrative controls under the OSHA Noise Reduction Standard (29 CFR 1910.95(b)(1) and 1926.52(b)), 75 Fed. Reg. 64216, October 19, 2010) Consideration of International Labor Standards during the Future of Aviation Advisory Committee meetings (including Dec. 15, 2010) Nominations for the following positions: Member, National Labor Relations Board General Counsel, National Labor Relations Board The nominations of Jacqueline A. Berrien, Chai R. Feldblum, and Victoria A. Lipnic to serve as Commissioners of the Equal Employment Opportunity Commission (EEOC) Various issues related to the Workforce Investment Act (legislation not yet introduced), Dept of Labor regulations, oversight opportunities for the 112th Congress, the National Labor Relations Board decisions and regulatory agenda, the Department of Labor regulatory agenda, implementation and oversight of the National Labor Relations Act, NLRB jurisdiction and the preemption of conflicting state actions, as well as potential use of electronic voting by the NLRB

Client expense: $36,360,000 · 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), Energy, Dept of, Environmental Protection Agency (EPA), Equal Employment Opportunity Commission (EEOC), Executive Office of the President (EOP), Federal Aviation Administration (FAA), Federal Election Commission (FEC), 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 Economic Council (NEC), Natl Institute of Standards & Technology (NIST), Natl Labor Relations Board (NLRB), Natl Security Council (NSC), Office of Management & Budget (OMB), Patent & Trademark Office (PTO), 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. Copyright Office, U.S. Trade Representative (USTR), White House Office

S. 245: Retooling the Health Care Workforce for an Aging America Act of 2009 -- all sections S. 560/H.R. 1409: Employee Free Choice Act of 2009 -- all sections H.R. 5107/S. 3254: Employee Misclassification Prevention Act -- all sections S. 1788/H.R. 2381: Nurse and Health Care Worker Protection Act of 2009 -- all sections S. 3501: American Job Protection Act -- all sections

Client expense: $110,000 · Firm income: Not reported

Government targets: Centers For Medicare and Medicaid Services (CMS), HOUSE OF REPRESENTATIVES, SENATE

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. 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. 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 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. 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. 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.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. 4936 The Faster Access and Shorter Transaction Time for Checks Act Bill would make funds deposited in large depository institutions available more quickly to account holders. NSBA supported. 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 Repeal 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.5193 The Startup Visa Act Bill would establish an employment-based immigrant visa for alien entrepreneurs who have received significant capital from investors to establish a business in the United States. NSBA supported. H. R. 5249 The Capital Access for Main Street Act of 2010 Bill would provide amortization authority in certain situations, for purposes of capital calculation under the Financial Institutions Examination Council's Consolidated Reports of Condition and Income. 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.5411 The Early-Stage Business Investment and Incubation Act Bill would establish an early-stage business investment and incubation grant program at the Department of Commerce. NSBA supported. H.R.5412 - The Small Business Asset Investment and Modernization (AIM) Act Bill would allow qualified small-business owners to refinance their existing debt through Fiscal Year 2012 through the SBA 504 lending program. 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. H.R. 5982 Small Business Tax Relief Act of 2010 Bill repeals the provision of the Patient Protection and Affordable Care Act that amends the Internal Revenue Code to apply to corporations reporting requirements for payments of $600 or more to persons engaged in a trade or business. NSBA supported. 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. 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. 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. 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. 3029 The Startup Visa Act Bill would establish an employment-based immigrant visa for alien entrepreneurs who have received significant capital from investors to establish a business in the United States. 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 Repeal 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. 3772 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 opposed. S. 3783 Information Reporting Modernization Act of 2010 Bill amends the Internal Revenue Code to increase from $600 to $5,000 the threshold amount for reporting to the Internal Revenue Service (IRS) payments made to corporations. It also adjusts such increased amount for inflation, beginning after 2012. NSBA is monitoring this legislation. S. 3793 The Job Creation and Tax Cuts Act Bill would extend expired business and individual tax provisions including the research and development tax credit, through the end of 2010. NSBA supported. S. 3932 Comprehensive Immigration Reform Act of 2010 A bill to provide comprehensive immigration reform, and for other purposes. NSBA is monitoring this legislation. 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. Agency Comments on Patient Protection and Affordable Care Act NSBA filed comments with the Department of Health and Human Resources on the interim final rules for grandfathered health plans and the request for comments on American Health Benefits Exchanges.

Client expense: $55,000 · Firm income: Not reported

Government targets: Centers For Medicare and Medicaid Services (CMS), Commerce, Dept of (DOC), Energy, Dept of, Environmental Protection Agency (EPA), Export-Import Bank of the United States (EXIM Bank), Federal Reserve System, HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Internal Revenue Service (IRS), Labor, Dept of (DOL), SENATE, Securities & Exchange Commission (SEC), Small Business Administration (SBA), Treasury, Dept of, U.S. Trade Representative (USTR), White House Office

Federal policy on Project Labor Agreements, implementation of Executive Order 13502 and Federal Acquisition Regulations (FAR) regarding the use of Project Labor Agreements (codified at FAR Parts 7, 22, and 52), and policies and decisions regarding the use of Project Labor Agreements at General Services Administration, Federal Aviation Administration, and other agencies; completion of new Davis-Bacon Act general wage determination for Frederick County, Maryland; Taxpayer Responsibility, Accountability, and Consistency Act of 2009, S. 2882 and H.R. 3408, provisions relating to worker misclassification and employer independent contractor determinations; Employee Misclassification Prevention Act, S. 3254 and H.R. 5107, provisions relating to worker misclassification and procedures triggered by independent contractor determinations.

Client expense: Not reported · Firm income: $40,000

Government targets: Bureau of Citizenship & Immigration Services (BCIS), Employment & Training Administration, General Services Administration (GSA), HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Labor, Dept of (DOL), State, Dept of (DOS), U.S. Customs & Border Protection, U.S. Immigration & Customs Enforcement (ICE)

HR 3424: TO AMEND THE INTERNAL REVENUE CODE OF 1986 TO DISALLOW THE DEDUCTION FOR EXCESS NON-TAXED REINSURANCE PREMIUMS WITH RESPECT TO UNITED STATES RISKS PAID TO AFFILIATES; ALL PROVISIONS HR 5107/S 3254: EMPLOYEE MISCLASSIFICATION PREVENTION ACT; ALL PROVISIONS HR 6128/S 3786: THE FAIR PLAYING FIELD ACT OF 2010; ALL PROVISIONS NO SPECIFIC BILL; INDEPENDENT CONTRACTOR TAX STATUS, GENERAL DISCUSSIONS ON SEC. 530 OF THE REVENUE ACT OF 1978; ALL PROVISIONS NO SPECIFIC BILL: INTERNAL REVENUE SERVICE ISSUE RELATED TO EMPLOYEE/AGENTS SOCIAL SECURITY NUMBERS POSTED ON IRS WEBSITE

Client expense: $160,000 · Firm income: Not reported

Government targets: HOUSE OF REPRESENTATIVES, SENATE

Paycheck Fairness Act (S.3772, H.R. 12), Employee Misclassification Prevention Act (S. 3254, H.R. 5107), Employee Free Choice Act (S. 560, H.R. 1409) - employer

Client expense: $1,190,000 · Firm income: Not reported

Government targets: HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), SENATE, Treasury, Dept of, U.S. Trade Representative (USTR)

Fair Labor Standards Act - Workforce Flexibility - Exemptions - Hours Worked S. 3217, H.R. 4173, Dodd-Frank Wall Street Reform and Consumer Protection Act (PL 111-203) - Pension provisions S.3254/H.R.5107, Employee Misclassification Prevention Act - FLSA amendments; impact on IBM and its employees H.R.2981 - Employment Non-Discrimination Act of 2009 - hiring H.R.4213, American Jobs and Closing Tax Loopholes Act of 2010 - Benefits H.R. 5663, Robert C. Byrd Miner Safety and Health Act of 2010 - OSHA Immigration Reform Competition Policy Equal Employment Opportunity and Disability Issue Compliance - ADAAA Implementation and Regulatory Reform Efforts - OFCCP Implementation of 1973 Rehabilitation Act provisions

Client expense: $1,040,000 · Firm income: Not reported

Government targets: Commerce, Dept of (DOC), Defense, Dept of (DOD), Energy, Dept of, Equal Employment Opportunity Commission (EEOC), HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Internal Revenue Service (IRS), Natl Security Agency (NSA), Office of Science & Technology Policy (OSTP), Office of Special Counsel, Patent & Trademark Office (PTO), SENATE, Securities & Exchange Commission (SEC), State, Dept of (DOS), Treasury, Dept of, U.S. Trade Representative (USTR)

H.R. 5107 - Employee Misclassification Prevention Act; provisions that would affect use of independent contractors within the securities industry S. 3254 - Employee Misclassification Prevention Act; provisions that would affect use of independent contractors within the securities industry

Client expense: $580,000 · Firm income: Not reported

Government targets: HOUSE OF REPRESENTATIVES, SENATE

Wage&Hour Enforcement; Worker misclassification & independent contractors, H.R. 1409/S.590, Employee Free Choice Act; Under-reporting of worker injuries, multi-site employees; organizing rights of workers at FedEx; worker misclassification at FedEx; Anti-trust issues with solid waste industry merger; H.R. 3408/S. 2882, Taxpayer Responsibility, Accountability and Consistency Act; H.R. 847/S.1334 James Zodrga 9/11 health & compensation of 2009; H.R. 2067/S.1580, Protecting America's Workers Act; H.R. 2113 to require corporate wide reporting/workplace injuries and illnesses. OSHA Enhancement Enforcement Programs; OSHA state programs; OSHA-enforcement and penalty issues; family and victim rights; DOL worker misclassification/UI initiatives. H.R. 5107/ S. 3254, Employee Misclassification Prevention Act. H.R. 5663/S.3761, the Miner Act; S.3786/H.R. 6128, The Fair Playing Field Act of 2010; S. 182/S.3773/H.R. 12, Paycheck Fairness Act

Client expense: $304,000 · Firm income: Not reported

Government targets: Commerce, Dept of (DOC), Federal Motor Carrier Safety Administration, HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Labor, Dept of (DOL), Office of the Vice President of the United States, SENATE, Transportation, Dept of (DOT), Treasury, Dept of, U.S. Trade Representative (USTR), White House Office

H.R. 12 and S. 182 Paycheck Fairness Act H.R. 626 and S. 354 Federal Employees Paid Parental Leave Act H.R. 2460 and S. 1152 Healthy Families Act H.R. 5107 and S. 3254 Employee Misclassification Prevention Act H.Res. 1598 and S.Res. 618 National Work and Family Month Resolution S. 707 Telework Enhancement Act of 2010 S. 3747: Reduce and Cap the Federal Government Other Work/Life Issues Other Compensation Issues Other Paid Time Off/Sick Leave Issues Other Telework Issues Other Federal Sector Pay

Client expense: $18,595 · Firm income: Not reported

Government targets: HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Internal Revenue Service (IRS), Labor, Dept of (DOL), Office of Personnel Management (OPM), Pension Benefit Guaranty Corporation (PBGC), SENATE, Securities & Exchange Commission (SEC), Treasury, Dept of, White House Office

H.R. 4173, Dodd-Frank Wall Street Reform and Consumer Protection Act, all issues pertaining to Title X, the Consumer Protection Bureau, including provisions related to FEC expansion All labor and employment provisions of the following bills: H.R. 1409 / S. 560, Employee Free Choice Act of 2009 H.R. 1176 / S. 478, Secret Ballot Protection Act of 2009 H.R. 1355, National Labor Relations Modernization Act H.R. 2067 / S. 1580, Protecting America's Workers Act H.R. 2077, Alert Laid Off Employees in Reasonable Time Act H.R. 2460 / S. 1152, Healthy Families Act H.R. 635, National Commission on State Workers' Compensation Laws Act H.R. 2641, Medicare Secondary Payer and Workers' Compensation Settlement Agreements Act H.R. 3403 / S. 1543, Supporting Military Families Act of 2009 H.R. 5107 / S. 3254, Employee Misclassification Act H.R. 5176, Family and independent Business Protection Act of 2010 H.R. 5663 / S. 3671, Robert C. Byrd Miner Safety and Health Act of 2010 H.R. 5860, Union Member Protection Act S.J.Res. 30, A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Mediation Board relating to representation election procedures H.R.12 / S. 182, Paycheck Fairness Act H.R. 5141, Small Business Paperwork Mandate Elimination Act Potential legislation related to employee classification and compensable time under the Fair Labor Standards Act (not yet introduced) All provisions of the following Executive Orders: E.O. 13,494, related to encouraging federal contractors to remain neutral in union organizing E.O. 13, 495, related to new contractors under the Service Contract Act offering the right of first refusal to employees if a displaced contractor E.O. 13,496, related to requiring federal contractors to post notices of certain rights under labor and employment laws E.O. 13,502, related to the use of project labor agreements Potential "high road"/blacklisting government contracting Executive Order or regulation (not yet published) Potential change in interpretation of "advice" exemption under 203 of the Labor Management Reporting and Disclosure Act Proposed and Final regulations governing union elections under the Railway Labor Act (74 Fed. Reg. 56,750, Nov. 3, 2009; 75 Fed. Reg. 26,062,May 11, 2010) FTC and DOJ Horizontal Merger Comments: Revisions to Horizontal Merger Guidelines (not yet published in Federal Register) FTC use of Section 5 and Issuance of Report on Section 5 Workshops: Expansive use of Section 5 of the FTC Act by the FTC Proposed regulations implementing Executive Order 13,495 related to the Service Contract Act (75 Fed. Reg. 13,384, March 19, 2010) Proposed regulations implementing Executve Order 13,494 related to labor relations costs of federal contractors (75 Fed. Reg. 19,345, Apr. 14, 2010) Nominations for the following positions: Member, National Labor Relations Board General Counsel, National Labor Relations Board Various issues including: Department of Labor regulatory agenda, implementation and oversight of the National Labor Relations Act, NLRB jurisdiction and the preemption of conflicting state actions, potential use of electronic voting by the NLRB

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. 5663/ S.3671 Miner Safety and Health Act of 2010; H.R. 1409/S.560 Employee Free Choice Act; S.3772 Paycheck Fairness Act; S.J. Res. 30 A joint resolution providing for congressional disapproval under Chapter 8 of Title 5, United States Code, of the rule submitted by the National Mediation Board relating to representation election procedures; Davis-Bacon Prevailing Wage; Government Mandated Project Labor Agreements; Associated Builders & Contractors Job Creation Proposal (issues related to government mandated project labor agreements and Davis-Bacon Act); H.R. 5107/S. 3254 Employee Misclassification Prevention Act of 2010; Increased penalty schedule by OSHA effective in October 2010;OSHA-Consultation Agreements: Proposed Changes to Consultation Procedures; OSHA-Injury & Illness Prevention Program; OSHA-Cranes & Derricks in Construction; OSHA-Fall Protection Systems; OSHA-Occupational Injusry & Illness Recording Requirements; WHD- Records to be Kept by Employers Under the Fair Labor Standards Act

Client expense: $690,000 · Firm income: Not reported

Government targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, Internal Revenue Service (IRS), Labor, Dept of (DOL), Office of Management & Budget (OMB), SENATE, Small Business Administration (SBA), Treasury, Dept of

OSHA Proposed Rule re. Musculoskelatal disorders H.R. 2067, Protecting America's Works Act H.R. 2847, HIRE Act Employee Free Choice Act S. 182, S. 3772, Paycheck Fairness Act Healthy Families Act H.R. 3721, Protecting Older Workers Against Discrimination OSHA Compliance Assistance Programs Ergonomics Regulations S. 3529, H.R. 4072, AMERICA Works Act Electronic Voting Services S. 3254, S. 2882, H.R. 5107, H.R. 3408, Employee Misclassification Prevention Act OSHA Increased Penalties Proposal Employee Classification issues H.R. 5663, S. 3671, Miner Safety and Health Act S.J. Res. 30, Resolution of Disapproval to prevent NMB from changing union election rules under Railway Labor Act S. 3816, Creating American Jobs and Ending Offshoring Act ADA Regulations OSHA SHARP Proposed Rule

Client expense: $4,750,000 · Firm income: Not reported

Government targets: Agriculture, Dept of (USDA), Commerce, Dept of (DOC), Commodity Futures Trading Commission (CFTC), Consumer Product Safety Commission (CPSC), Education, Dept of, Environmental Protection Agency (EPA), Equal Employment Opportunity Commission (EEOC), Export-Import Bank of the United States (EXIM Bank), Federal Communications Commission (FCC), Federal Reserve System, Food & Drug Administration (FDA), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Internal Revenue Service (IRS), Labor, Dept of (DOL), Natl Labor Relations Board (NLRB), Natl Security Council (NSC), Office of Management & Budget (OMB), SENATE, Securities & Exchange Commission (SEC), State, Dept of (DOS), Transportation, Dept of (DOT), Treasury, Dept of, U.S. Customs & Border Protection, U.S. International Trade Commission (ITC), U.S. Trade Representative (USTR), White House Office

S. 245 -- Retooling the Health Care Workforce for an Aging America Act of 2009 -- all sections S. 560/H.R. 1409 - Employee Free Choice Act of 2009 - All sections H.R.5107/S.3254: Employee Misclassification Prevention Act - All sections S.1788/H.R.2381: Nurse and Health Care Worker Protection Act of 2009 - All sections S. 3501: American Job Protection Act All sections

Client expense: $320,000 · Firm income: Not reported

Government targets: Centers For Medicare and Medicaid Services (CMS), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), SENATE

Limit Executive Compensation Abuse Act - H.R. 857 The Savings for American Families Future Act of 2009 H.R. 1961 The 401 (k) Fair Disclosure for Retirement Security Act 0f 2009 H.R. 1984 Conflicted Investment Advice Prohibition Act of 2009 H.R. 1988 Savings Recovery Act H.R. 2021 Retirement Security Needs Lifetime Pay Act H.R. 2748 Retirement Savings Transparency Act of 2009 - H.R. 2792 The Defined Contribution Plan Fee Transparency Act H.R. 2779 401 (k) Fair Disclosure and Pension Security Act of 2009 H.R. 2989 Consumer Financial Protection Agency Act of 2009 H.R. 3126 Foreign Account Tax Compliance Act of 2009 H.R. 3933 Preserve Benefits and Jobs Act of 2009 H.R. 3936 Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act H.R. 3962/Public Law No: 111-192 Retirement Fairness Act H.R. 4126 Sensible Transparency for Retirement Plans Act H.R. 4146 Tax Technical Corrections Act of 2009 H.R. 4169 Dodd-Frank Wall Street Reform and Consumer Protection Act - Restoring American Financial Stability Act of 2010 H.R. 4173, Public Law No: 111-203 American Workers, State, and Business Relief Act H.R. 4213/Unemployment Compensation Extension Act of 2010 (tax extenders) Public Law No: 111-205 Small Businesses Add Value for Employees Act of 2009 (SAVE Act) H.R. 4742 Employee Misclassification Prevention Act (EMPA) H.R. 5107 Small Business Jobs and Credit Act of 2010 H.R. 5297 tax extenders, defined benefit pension plan funding relief - technical corrections from H.R. 3962 Automatic IRA Act of 2010 H.R. 6099 Fair Playing Field Act of 2010 H.R. 6128 (worker classification) Health Care Reform regulatory implementation and compliance issues from the Patient Protection and Affordable Care Act (PPACA) Public Law No: 111-148 & the Health Care and Education Reconciliation Act of 2010 (HCERA) Public Law 111-152 new compensation deduction limits on entities receiving health insurance premiums (162 (m)(6)) Financial Services Reform regulation of swaps transactions, major swap participants (MSPs), swaps, business conduct standards, fiduciary duty and liability issues; effects on pension, retirement, and health plans that use swaps; 401 (k) stable value funds and contracts, retirement plan administration, compensation disclosure issues Pension Funding - additional funding relief for defined benefit pension plans, single and multiemployer plans, nonqualified deferred compensation conditions, PBGC premium funding target methods and premium submission issues, PBGC plan termination issues Retirement Security nonqualified deferred compensation, executive compensation, defined contribution plan issues, 401 (k) plans, conversions to Roth 401 (k) plans, automatic IRAs, investment advice, investment selection (target date funds), the Savers Credit, retirement savings plans for small businesses, lifetime income issues, nondiscrimination rules for retirement plans, alternative pension investments, accounting transparency for pensions, plan loans, tax expenditures for retirement plans Cap Executive Officer Pay Act of 2009 - S. 360 The Defined Contribution Fee Disclosure Act of 2009 - S. 401 Shareholder Bill of Rights Act S. 1074 Retirement Security for Life Act of 2009 S. 1297 Pension Benefit Guaranty Corporation (PBGC) Governance Improvement Act of 2009 S. 1544 Foreign Account Tax Compliance Act of 2009 S. 1934 Lifetime Income Disclosure Act S. 2832 Create Jobs and Save Benefits Act of 2010 S. 3157 Restoring American Financial Stability Act/Wall Street Transparency and Accountability Act S. 3217 Employee Misclassification Prevention Act (EMPA) S. 3254 Automatic IRA Act of 2010 S. 3760 Fair Playing Field Act of 2010 S. 3786 Job Creation and Tax Cuts Act of 2010 S. 3793 Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act H.R. 3962, Public Law No: 111-192 American Workers, State, and Business Relief Act /American Jobs and Closing Tax Loopholes Act (tax extenders) H.R. 4213, & Substitute amendments Dodd-Frank Wall Street Reform and Consumer Protection Act - Restoring American Financial Stability Act of 2010 H.R. 4173, Public Law No: 111-203 Small Business Jobs and Credit Act of 2010 H.R. 5297 (revised substitute) Health Care Reform regulatory implementation and compliance issues from the Patient Protection and Affordable Care Act (PPACA) Public Law No: 111-148 & the Health Care and Education Reconciliation Act of 2010 (HCERA) Public Law 111-152 new compensation deduction limits on entities receiving health insurance premiums (162 (m)(6)) Financial Services Reform regulation of swaps transactions, major swap participants (MSPs), swaps, business conduct standards, fiduciary duty and liability issues; effects on pension, retirement, and health plans that use swaps; 401 (k) stable value funds and contracts, retirement plan administration, compensation disclosure issues Pension funding additional funding relief for defined benefit pension plans, single and multiemployer plans, nonqualified deferred compensation conditions, PBGC premium funding target methods and premium submission issues, PBGC plan termination issues Retirement Security nonqualified deferred compensation, executive compensation, defined contribution plan issues, 401 (k) plans, automatic IRAs, conversions to Roth 401(k) plans, investment advice, investment selection (target date funds), the Savers Credit, lifetime income issues, nondiscrimination rules for retirement plans, plan loans, tax expenditures for retirement plans Regulatory communication with covered federal officials on legislative issues Pension funding relief, adequacy of defined benefit vehicles, hybrids, retirement plan designs, tax treatment of expatriates Investment advice, adequacy of defined contribution vehicles, investment selection (target date funds) and annuity issues, automatic/mandatory individual retirement accounts (IRAs) Disclosure for defined contribution (DC) and defined benefit (DB) plans and service providers ERISA Section 408 (b) (2) Defined Benefit (DB) plan year filing issues Form 5500 (EFAST) Cash balance and pension equity plans, market rate of return for hybrid plans Nonqualified deferred compensation (NQDC), new compensation deduction limits on entities receiving health insurance premiums 162 (m) (6) PBGC premium funding target methods (variable rate premiums), premium submission and plan termination issues Foreign bank account reporting, Report of Foreign Bank and Financial Accounts (FBAR) Financial services regulatory reform, compensation disclosure issues Domestic plan asset investment issues Proposed rule on application of ERISA to state/local health reform efforts, ERISA preemption

Client expense: $199,380 · Firm income: Not reported

Government targets: Centers For Medicare and Medicaid Services (CMS), Commodity Futures Trading Commission (CFTC), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Internal Revenue Service (IRS), Labor, Dept of (DOL), Pension Benefit Guaranty Corporation (PBGC), SENATE, Securities & Exchange Commission (SEC), Treasury, Dept of

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.

Client expense: $65,000 · Firm income: Not reported

Government targets: Centers For Medicare and Medicaid Services (CMS), Energy, Dept of, Environmental Protection Agency (EPA), Export-Import Bank of the United States (EXIM Bank), Federal Reserve System, Government Accountability Office (GAO), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Internal Revenue Service (IRS), Labor, Dept of (DOL), SENATE, Securities & Exchange Commission (SEC), Small Business Administration (SBA), Treasury, Dept of, U.S. International Trade Commission (ITC), U.S. Trade Representative (USTR), White House Office

Employee Misclassification Prevention Act (H.R. 5107, S. 3254) Supported legislation to make misclassification of employees as independent contractors a violation of the wage and hour laws. Urged support for Administration budget proposals/appropriations for enforcement efforts aimed at misclassification.

Client expense: $290,000 · Firm income: Not reported

Government targets: Agriculture, Dept of (USDA), Energy, Dept of, HOUSE OF REPRESENTATIVES, Labor, Dept of (DOL), Office of Personnel Management (OPM), President of the U.S., SENATE, Vice President of the U.S.

S. 182 Paycheck Fairness Act, H.R. 2067/S.1580 Protecting America's Workers Act, H.R. 1460/S.560 Employee Free Choice Act, Davis Bacon Prevailing Wage, EO 13502, Union Only Project Labor Agreements, Trust Annual Reports, EO 13494-Labor Relations Costs, EO 13495-Non-displacement of Qualified Workers Under Service Contracts, OSHA Modernization of Injury/Illness Data, OSHA Injury & Illness Prevention Program, Associated Builders & Contractor's Job Creation Proposal (issues related to project labor agreements, Davis Bacon, job training) H.R.5107/S.3254 Employee Misclassification Prevention Act, H.R. 5663 Miner Safety Act, High Road Contracting, S.90/H.R.983 Government Neutraility in Contracting Act, H.R.2026/S.1238 Green Jobs Improvement Act

Client expense: $690,000 · Firm income: Not reported

Government targets: Environmental Protection Agency (EPA), HOUSE OF REPRESENTATIVES, Labor, Dept of (DOL), Occupational Safety & Health Administration (OSHA), SENATE

Wage&Hour Enforcement; Worker misclassification & independent contractors, H.R. 1409/S.590, Employee Free Choice Act; Under-reporting of worker injuries, multi-site employees; organizing rights of workers at FedEx; worker misclassification at FedEx; Anti-trust issues with solid waste industry merger; U.S. food service labor practices; H.R. 3408/S. 2882, Taxpayer Responsibility, Accountability and Consistency Act; H.R. 847/S.1334 James Zodrga 9/11 health & compensation of 2009; H.R. 2067/S.1580, Protecting America's Workers Act; H.R. 2113 to require corporate wide reporting/workplace injuries and illnesses. OSHA Enhancement Enforcement Programs; OSHA state programs; OSHA-enforcement and penalty issues; family and victim rights; DOL worker misclassification/UI initiatives. H.R. 5107/ S. 3254, Employee Misclassification Prevention Act. H.R. 5663, the Miner Act.

Client expense: $405,100 · Firm income: Not reported

Government targets: Commerce, Dept of (DOC), Federal Motor Carrier Safety Administration, HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Labor, Dept of (DOL), Office of the Vice President of the United States, SENATE, Transportation Security Administration (TSA), Transportation, Dept of (DOT), U.S. Trade Representative (USTR), White House Office

H.R. 5107 - Employee Misclassification Prevention Act; provisions that would affect use of independent contractors within the securities industry H.R. 3245 - Employee Misclassification Prevention Act; provisions that would affect use of independent contractors within the securities industry

Client expense: $630,000 · Firm income: Not reported

Government targets: HOUSE OF REPRESENTATIVES, SENATE

Limit Executive Compensation Abuse Act - H.R. 857 The Savings for American Families Future Act of 2009 H.R. 1961 The 401 (k) Fair Disclosure for Retirement Security Act 0f 2009 H.R. 1984 Conflicted Investment Advice Prohibition Act of 2009 H.R. 1988 Savings Recovery Act H.R. 2021 Retirement Security Needs Lifetime Pay Act H.R. 2748 Retirement Savings Transparency Act of 2009 - H.R. 2792 The Defined Contribution Plan Fee Transparency Act H.R. 2779 401 (k) Fair Disclosure and Pension Security Act of 2009 H.R. 2989 Consumer Financial Protection Agency Act of 2009 H.R. 3126 Foreign Account Tax Compliance Act of 2009 H.R. 3933 Preserve Benefits and Jobs Act of 2009 H.R. 3936 Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act H.R. 3962/Public Law No: 111-192 Retirement Fairness Act H.R. 4126 Sensible Transparency for Retirement Plans Act H.R. 4146 Tax Technical Corrections Act of 2009 H.R. 4169 Wall Street Reform and Consumer Protection Act/Restoring American Financial Stability Act of 2010 H.R. 4173 American Workers, State, and Business Relief Act /American Jobs and Closing Tax Loopholes Act (tax extenders) H.R. 4213, & Substitute amendments Small Businesses Add Value for Employees Act of 2009 (SAVE Act) H.R. 4742 Employee Misclassification Prevention Act (EMPA) H.R. 5107 Health Care Reform regulatory implementation and compliance issues from the Patient Protection and Affordable Care Act (PPACA) Public Law No: 111-148 & the Health Care and Education Reconciliation Act of 2010 (HCERA) Public Law 111-152 new compensation deduction limits on entities receiving health insurance premiums (162 (m)(6)) Pension Funding - additional funding relief for defined benefit pension plans, single and multiemployer plans, nonqualified deferred compensation conditions, PBGC premium funding target methods Retirement Security nonqualified deferred compensation, executive compensation, defined contribution plan issues, 401 (k) plans, conversions to Roth 401 (k) plans, automatic IRAs, investment advice, investment selection (target date funds), the Savers Credit, retirement savings plans for small businesses, lifetime income issues, nondiscrimination rules for retirement plans Financial Services Reform regulation of swaps transactions, major swap participants (MSPs), fiduciary duty and liability issues; effects on pension, retirement, and health plans that use swaps; 401 (k) stable value funds Cap Executive Officer Pay Act of 2009 - S. 360 The Defined Contribution Fee Disclosure Act of 2009 - S. 401 Shareholder Bill of Rights Act S. 1074 Retirement Security for Life Act of 2009 S. 1297 The Pension Benefits Guaranty Corporation (PBGC) Governance Improvement Act S. 1544 Foreign Account Tax Compliance Act of 2009 S. 1934 Lifetime Income Disclosure Act S. 2832 Create Jobs and Save Benefits Act of 2010 S. 3157 Restoring American Financial Stability Act/Wall Street Transparency and Accountability Act S. 3217 Employee Misclassification Prevention Act (EMPA) S. 3254 Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act H.R. 3962, Public Law No: 111-192 American Workers, State, and Business Relief Act /American Jobs and Closing Tax Loopholes Act (tax extenders) H.R. 4213, & Substitute amendments Wall Street Transparency and Accountability Act of 2010/Restoring American Financial Stability Act of 2010 H.R. 4173 Financial Services Reform regulation of swaps transactions, major swap participants (MSPs), fiduciary duty and liability issues; effects on pension, retirement, and health plans that use swaps; 401 (k) stable value funds Pension funding additional funding relief for defined benefit pension plans, single and multiemployer plans, nonqualified deferred compensation conditions, PBGC premium funding target methods Retirement Security nonqualified deferred compensation, executive compensation, defined contribution plan issues, 401 (k) plans, automatic IRAs, conversions to Roth 401(k) plans, investment advice, investment selection (target date funds), the Savers Credit, lifetime income issues Regulatory communication with covered federal officials on legislative issues Proposed rule on application of ERISA to state/local health reform efforts, ERISA preemption Pension funding relief, adequacy off defined benefit vehicles, hybrids, retirement plan designs, tax treatment of expatriates, Investment advice, adequacy of defined contribution vehicles, investment selection (target date funds) and annuity issues, automatic/mandatory individual retirement accounts (IRAs) Nonqualified deferred compensation (NQDC), new compensation deduction limits on entities receiving health insurance premiums 162 (m) (6) Premium funding target methods (variable rate premiums) Foreign bank account reporting, Report of Foreign Bank and Financial Accounts (FBAR) Financial services regulatory reform

Client expense: $222,965 · Firm income: Not reported

Government targets: Commodity Futures Trading Commission (CFTC), Equal Employment Opportunity Commission (EEOC), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Internal Revenue Service (IRS), Labor, Dept of (DOL), Natl Economic Council (NEC), Office of Management & Budget (OMB), Pension Benefit Guaranty Corporation (PBGC), SENATE, Treasury, Dept of, Vice President of the U.S., White House Office

Undertook an effort to inform members of the House of Representatives and US Senate to the introduction of HR 5107 the Employee Misclassification Prevention Act and support of the US Senate companion bill S3254.

Client expense: $65,000 · Firm income: Not reported

Government targets: HOUSE OF REPRESENTATIVES, Office of the Vice President of the United States, SENATE

Nominations for the following positions: Member, National Labor Relations Board General Counsel, National Labor Relations Board All labor and employment provisions of the following bills: H.R. 1409/S. 560, Employee Free Choice Act of 2009 H.R. 1176/S. 478, Secret Ballot Protection Act of 2009 H.R. 1355, National Labor Relations Modernization Act H.R. 2067/S. 1580, Protecting America's Workers Act H.R. 2077, Alert Laid Off Employees in Reasonable Time Act H.R. 2460/S. 1152, Healthy Families Act H.R. 635, National Commission on State Workers' Compensation Laws Act H.R. 2641, Medicare Secondary Payer and Workers' Compensation Settlement Agreements Act H.R. 3403/S. 1543, Supporting Military Families Act of 2009 H.R. 5107/S. 3254, Employee Misclassification Act H.R. 12/S. 182, Paycheck Fairness Act H.R. 5013, Implementing Management for Performance and Related Reforms to Obtain Value in Every Acquisition Act of 2010 H.R. 4173, Restoring American Financial Stability Act of 2010 S.J.Res. 30, Congressional disapproval of a National Mediation Board regulation regarding union organizing Draft legislation related to employee classification and compensated time under the Fair labor Standards Act and state unionization of independent contractors (not yet introduced) Executive Order 13,494, related to encouraging federal contractors to remain neutral in union organizing Executive Order 13, 495, related to new contractors under the Service Contract Act offering the right of first refusal to employees Executive Order 13,496, related to requiring federal contractors to post notices of certain rights under labor and employment laws Executive Order 13,502, related to the use of project labor agreements Potential "high road"/blacklisting government contracting Executive Order or regulation (not yet published) Proposed and Final regulations implementing Executive Order 13,502 (see Federal Register 33,953, published July 14, 2009 and Federal Register 19,168, published Apr. 13, 2010) Proposed and Final regulations implementing Executive Order 13,496 (see Federal Register 38,488, published Aug. 3, 2009 and Federal Register 28,368, published May 20, 2010) Proposed and Final regulations governing union elections under the Railway Labor Act (see Federal Register 56,750, published Nov. 3, 2009 and Federal Register 26,062, published May 11, 2010) Proposed regulations related to financial disclosure obligations of union trusts and subsidiaries (see Federal Register 5,456, published Feb. 2, 2010) Proposed regulations implementing Executive Order 13,495 related to the Service Contract Act (see Federal Register 13,384, published March 19, 2010) Proposed regulations implementing Executive Order 13,494 related to labor relations costs of federal contractors (see Federal Register 19,345, published Apr. 14, 2010) Proposed regulations rolling back union financial disclosure requirements (see Federal Register 5,456, published Feb. 2, 2010) FTC and DOJ Horizontal Merger Comments: Revisions to Horizontal Merger Guidelines (not yet published in the Federal Register) General issues including: implementation and oversight of the National Labor Relations Act, NLRB jurisdiction and the preemption of conflicting state actions and electronic voting by the NLRB (no specific regulation/legislation tied to this)

Client expense: $9,480,000 · 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), Energy, Dept of, Environmental Protection Agency (EPA), Equal Employment Opportunity Commission (EEOC), Executive Office of the President (EOP), 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), Internal Revenue Service (IRS), Justice, Dept of (DOJ), Labor, Dept of (DOL), Maritime Administration (MARAD), Natl Aeronautics & Space Administration (NASA), Natl Economic Council (NEC), 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. 4173 & S. 3217 Restoring American Financial Stability Act, pension provisions; H.R. 4213 Tax Extenders Act of 2009; pension provisions; H.R. 5107 & S. 3254 Employee Misclassification Prevention Act, pension provisions; H.R. 3962 Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act, pension provisions; Pension Equity Plan regulations; Alternative Pension Funding Target issues; Annuity regulations; ERISA.

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

Government targets: HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Internal Revenue Service (IRS), Labor, Dept of (DOL), Office of Management & Budget (OMB), Pension Benefit Guaranty Corporation (PBGC), SENATE, Treasury, Dept of, White House Office

HR 3424: TO AMEND THE INTERNAL REVENUE CODE OF 1986 TO DISALLOW THE DEDUCTION FOR EXCESS NON-TAXED REINSURANCE PREMIUMS WITH RESPECT TO UNITED STATES RISKS PAID TO AFFILIATES; ALL PROVISIONS HR 4213: AMERICAN JOBS AND CLOSING TAX LOOPHOLES ACT OF 2010; PROVISIONS RELATED TO NATIONAL FLOOD INSURANCE PROGRAM EXTENSION HR 5107/S 3254: EMPLOYEE MISCLASSIFICATION PREVENTION ACT; ALL PROVISIONS NO SPECIFIC BILL: INDEPENDENT CONTRACTOR TAX STATUS, GENERAL DISCUSSIONS ON SEC. 530; ALL PROVISIONS NO SPECIFIC BILL: INTERNAL REVENUE SERVICE ISSUE RELATED TO EMPLOYEE/AGENTS SOCIAL SECURITY NUMBERS POSTED ON IRS WEBSITE

Client expense: $200,000 · Firm income: Not reported

Government targets: Federal Emergency Management Agency (FEMA), HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Justice, Dept of (DOJ), SENATE

OSHA Proposed Rule re. Musculoskeletkal disorders Protection America's Works Act H.R. 2847, HIRE Act H.R. 2847, Jobs for Main Street Act Employee Free Choice Act S. 182, Paycheck Fairness Act Healthy Families Act H.R. 4855, Work-Life Balance Award Act H.R. 3721, Protecting Older Workers Against Discrimination OSHA Compliance Assistance Programs Ergonomics Regulations H.R. 4677, Protecting Employees and Retirees in Business Bankruptcies Act America Works Bill Electronic Voting Services H.R. 5107, S. 3254, Employee Misclassification Prevention Act OSHA Increased Penalties Proposal Employee Classification Issues Proposed Miner Safety and Health Act of 2010 Amendment to H.R. 5013, To Improve Acquisition Act of 2010 H.R. 3936, Preserve Benefits and Jobs Act of 2009 S. 3157, Create Jobs and Save Benefits Act of 2010

Client expense: $1,110,000 · Firm income: Not reported

Government targets: Agriculture, Dept of (USDA), Commerce, Dept of (DOC), Consumer Product Safety Commission (CPSC), Defense, Dept of (DOD), Energy, Dept of, Environmental Protection Agency (EPA), Export-Import Bank of the United States (EXIM Bank), Federal Communications Commission (FCC), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Homeland Security, Dept of (DHS), Internal Revenue Service (IRS), Labor, Dept of (DOL), Natl Institute of Standards & Technology (NIST), Natl Security Council (NSC), Office of Management & Budget (OMB), SENATE, State, Dept of (DOS), Transportation, Dept of (DOT), Treasury, Dept of, U.S. Trade Representative (USTR), White House Office

S. 245 -- Retooling the Health Care Workforce for an Aging America Act of 2009 -- all sections S. 560/H.R. 1409 Employee Free Choice Act of 2009 All sections H.R.5107/S.3254: Employee Misclassification Prevention Act All sections S.1788/H.R.2381: Nurse and Health Care Worker Protection Act of 2009 All sections

Client expense: $130,000 · Firm income: Not reported

Government targets: Centers For Medicare and Medicaid Services (CMS), HOUSE OF REPRESENTATIVES, SENATE, White House Office

Monitored General Labor Issues Issues related to Job Corps Monitored HR5107/S3254 Employee Misclassification Act

Client expense: $448,896 · Firm income: Not reported

Government targets: Energy, Dept of, Export-Import Bank of the United States (EXIM Bank), HOUSE OF REPRESENTATIVES, Labor, Dept of (DOL), Natl Security Council (NSC), SENATE, State, Dept of (DOS), Transportation, Dept of (DOT)