On Thursday, May 9, Cause of Action Institute will be at the Small Business Expo in Washington, D.C. Come visit us in Booth 210 to learn more about our work defending the rights and economic freedoms of small business owners. Can’t come see us? Contact us at expo@causeofaction.org, or share your story with us here.
Our Work
LabMD v. Federal Trade Commission
Cause of Action Institute represented LabMD, an Atlanta-based cancer detection laboratory, in its six-year struggle against the Federal Trade Commission’s overreaching enforcement action. LabMD was the first company to refuse a “consent order” and fight back against the FTC. After hearing the evidence and reviewing the legal arguments, the FTC’s Chief Administrative Law Judge decisively rejected the FTC’s claims, and issued a decision that will protect small businesses from future government abuses.
Reuters: “The First Defeat For An Agency That Has Successfully Brought Such Cases Against Dozens Of Companies.”
The Wall Street Journal: “The Federal Trade Commission’s Data-Security Enforcement Efforts Have Received A Setback—At The Hands Of The Commission’s Own In-House Judge.”
In November 2015, the Department of Commerce mandated that commercial sector fishermen who fish for cod, flounder, and other groundfish, must not only carry third-party contractors known as “at-sea monitors” on their vessels during fishing trips, but also pay out-of-pocket for the cost of those monitors. Cause of Action Institute represented a group of east coast fishermen, led by David Goethel, in a lawsuit against the U.S. Department of Commerce challenging the National Oceanic and Atmospheric Administration’s decision to force at-sea monitoring costs onto fishermen. Learn more about this case here.
Rhea Lana, Inc. v. U.S. Department of Labor
Cause of Action Institute filed a lawsuit against the Department of Labor (DOL) on behalf of Rhea Lana, Inc. and Rhea Lana’s Franchise Systems, Inc. (jointly, “Rhea Lana’s”), a national children’s consignment event company, over the DOL’s attempt to ban volunteers at for-profit enterprises. Should the DOL’s actions stand it could cripple not only Rhea Lana’s but also the entire consignment industry on which millions of Americans rely. Rhea Lana’s hosts semi-annual consignment sales where families can buy and sell gently used clothes, toys, and furniture. Participants in the sales may volunteer as consignors, but the Department of Labor is attempting to define these consignors as “employees” under the Fair Labor Standards Act (FLSA). DOL determined there were FLSA violations for failing to pay minimum wage and overtime pay and threatened civil money penalties if Rhea Lana’s did not comply. Cause of Action Institute is committed to fighting erroneous actions, like the DOL’s, that discourage entrepreneurship and threaten small businesses. Learn more about the case here.